HomeMy WebLinkAboutORANGE, COUNTY OF (35)V
A G R E E M E N T
THIS AGREEMENT, made and entered into this � ay of
1974, by and between the COUNTY OF ORANGE,
(hereafter "COUNTY"), and the CITY OF SANTA ANA, (hereafter
"CITY")
W I T N E S S E 7_' H-
WHEREAS, Section 480 of the Health and Safety Code of the
State of California provides that a city may contract with a
county for performance by employees of the county of any func-
tions relating to the enforcement in the city of all ordinances
thereof relating to public health and the making of all inspec-
tions and the performance of all functions in connection there-
with; and
WHEREAS, CITY has adopted, or will adopt prior to this
agreement going into effect, a municipal ordinance, NO, NS-1219,
relating to the public health, which said ordinance amends the
Santa Ana Municipal Code by adding Article IV to Chapter 39
thereof, (Sections 39<6G et seq.), regulating construction and
abandonment of wells within the City of Santa Ana; and
I,'HEREAS, the said municipal ordinance is substantially
similar to the provisions of Article 2 of Division 5 of Title
4 of the Codified Ordinances of the County of Orange (Sections
45.021 et seq,) as adopted by Orange County ordinance No. 2607;
and
WHEREAS, CITY desires that COUNTY assume responsibility
for the enforcement of the said municipal ordinance and COUNTY
desires to obtain reimbursement for the administrative costs
to be incurred therein;
NOW, THEREFORE, in consideration of the mutual terms and
conditions hereinafter set forth, the parties hereto agree as
follows:
1. COUNTY assumes the responsibility for the enforcement
of the provisions of Article IV of Chapter 39 of the Santa Ana
Municipal Code [Sections 39-60 et seq.) pertaining to the con-
struction and Abandonment of wells within the City of Santa
Ana. The Enforcement Officer provided for in the said article
shall be the Orange County Health Officer or his designee. The
Advisory Agency provided for in the said article shall be the
Wells Standards Advisory Board as established pursuant to Sec-
tion 45.023 of the Codified Ordinances of the County of Orange.
2. CITY shall adopt a permit fee schedule pursuant to the
above CITY ordinance, and said fees shall be collected and re-
tained by COUNTY to cover its costs of enforcing said ordinance.
All permit fees established by said fee schedule shall be identi-
cal to the corresponding permit fees established by COUNTY in
effect at the time a, permit within the CITY is issued.
3. It is understood that COUNTY shall not he responsible
for the performance of any abatement work required under the
above ordinance. Such work, if not performed by the well owner
shall be performed by CITY, either through its employees or by
a contractor hired by CITY, at the request of the Health Officer.
The costs of such work shall be recovered by the CITY from the
—2— a
well owner. The Health Officer shall be responsible solely
for the inspection of such work to determine compliance with
such ordinance.
4. This Agreement shall not become effective until such
time as the municipal ordinance herein described becomes effec-
tive.
3. All prior agreements not heretofore terminated per-
taining to the enforcement by COUNTY of municipal ordinances
relating to public health enacted by CITY shall continue in
full force and effect except insofar as they may be inconsis-
tent herewith.
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement the dates set hereinbelow.
DATED: �co nL — _ . 1974.
ATTESTa
WILLIAM E. ST. JOHN, County
Clerk and ex-officio
Clerk of the Board of
Supervisors of Orange
County, California
By ('ins,
U—Deputy
APPROVER AS TO FORM:
ADRIAN KUYPE'R, COUNTY COUNSEL
By
Deputy
-3-
COUNTY OF ORANGE
BY 4�-
4=-0f itsBoar _ of
Supervisors
I
DATED: 1974. CITY OF SANTA APL7
ATTEST: By f
4a"yor
City Clerk
APPROVED
—T' O—V?5KM:
i
�JAi-LES A. WITHERS, CITY ATTOPMEY
RESOLUTION NO, A-101
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA
FIXING WELL CONSTRUCTION AND ABANDONMJMT PERMIT FEES
WHEREAS, there are certain expenses involved in the inspection of well,
construction and well abandomnent for the City of Santa Ana by the County of
Orange; and
WHEREAS, the City of Santa Ana wishos to adopt the same fees nN the
County of Orange; and
NOW, THEREFORE, BE IT RESOLVED: That the following permit fees are to be
levied by the City of Santa Ana and collected by the County oP Orange, as pro-
vided for in Section 39-63 of the Santa Ana Municipal Code.
PERMIT FEE SCHEDULE
New well construction $6025
Reconstruction of existing well $3945
Destruction of abandoned well *15-OD
BE IT FURTHER RESOLVED: That this Resolution shall be effective the
16th day of October Ny)].
PASSED AND ADOPTED by the City Council, of the City of Santa Ana at
its adjourned regular meeting held on the _Nth ___AY Of 1000001113eg 1974.
ATTEST:
.CFI lY M. PATTFP,30M
MAYOR
FL0rTt',C' 1. IAALONr
CLERK OF THE COUNCIL
STATE OF CALIFORNIA)
COUNTY OF ORANGE as
CITY OF SANTA ANA
I, FLORENCE I. MALONE, do hereby certify that I -%m the Clerk of the
Council of the City of Santa ana; that the foregoing Resolution was intro-
duced to said Council at its adjourned regular meeting held on the 9th
day of Seplembei", 1974, and was at said meeting passed and adopted by the
following vote to wit:
AYES, COUNCILMEN: Evans, Yamamoto, Nlarkel, Garthe, Patterson,
Ward, Griset
NOES, COUNCILMEN: None
ABSENT, COUNCILMEN: None
RORDKE L A.
_7LDRK _0F THE _EOURCII,
APPROVED AS TO FORM:
' g1y ATTORN�E:
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M WHY
ORDINANCE NO. NS-1219
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA ANA ADDING ARTICLE IV TO
CHAPTER 39 OF THE SANTA ANA MUNICIPAL
CODE, PERTAINING TO THE CONSTRUCTION AND
ABANDONMENT OF WELLS WITHIN TI3E CITY OF
SANTA ANA
THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN
AS FOLLOWS:
SECTION 1: That the Santa Ana.Municipal Code is
hereby amended by adding an article, to be numbered IV,
to Chapter 39 thereof, which said article is to consist
of sections to be numbered 39-60 through and including
39-71 and is to read as follows:
Sec. 39-60. Purpose
It is the purpose of this article to control the
construction and reconstruction of wells to the end that the
ground water of this City will not be impaired in quality and
that water obtained from such wells will be suitable for the
purpose for which used and will not jeopardize the health,
safety or welfare of the people of this City and to provide
for the destruction of abandoned wells or wells found to be
public nuisances to the end that such wells will not impair
the quality of ground water or otherwise jeopardize the health,
safety or welfare of the people of this City.
Sec. 39-61. Definitions
As used in this article, the following -words shall
have the meaning provided in this section.
ABANDONED and ABANDONMENT. The terms "abandoned" or "abandon-
ment" shall apply to a well which has not been used for a period
of one year, unless the owner declares in writing, to the
Advisory Agency his intention to use the well again for sup-
plying water or other associated purpose (such as an obser-
vation well or injection well) and receives approval of such
declaration from the Advisory Agency. All such declarations
shall be renewed annually and at such time be resubmitted to
the Advisory Agency for approval. Test holes and exploratory
holes shall be considered abandoned twenty-four hours after
construction work has been completed, unless otherwise approved
by the Enforcement Officer.
ADVISORY AGENCY. At all such times as an agreement is in
effect between the City of Santa Ana and the County of Orange
providing for the enforcement of the provisions of this Article
by the County of Orange, the Advisory Agency shall be as set
forth in that agreement; otherwise, the Advisory Agency shall
be the City Council of the City of Santa Ana.
AGRICULTURAL WELL. A water well used to supply water for irri-
gation or other agricultural purposes, including so-called
stock wells.
ORDINANCE NO. NS-1219
PAGE TWO
CATHODIC PROTECTION WELL. Any artificial excavation_ in
excess of 50 feet constructed by any method for the purpose
of installing equipment or facilities for theprotection,
electrically, of metallic equipment in contact with the ground,
commonly referred to as a cathodic protection well or a deep
anode.
COMMUNITY WATER SUPPLY WELL. A water well used to supply
water for domestic purposes in systems subject to Chapter 7
of Part I of ,Division 5 of the California Health and Safety
Code.
CONSTRUCT, RECONSTRUCT (CONSTRUCTION, RECONSTRUCTION). To
dig, drive, bore, drill or deepen a well, or to reperforate,
remove, replace, or extend a well casing.
DESTRUCTION. The proper filling and sealing of a well that
is no longer useful so as to assure that the ground water is
protected and to eliminate a potential physical hazard.
ELECTRICAL GROUNDING WELL. Any artificial excavation in excess
of 50 feet constructed by any method for the purpose of estab-
lishing an electrical ground.
ENFORCEMENT OFFICER. At all such times as an agreement is in
effect between the City of Santa Ana and the County of Orange
providing for the enforcement of the provisions of this Article
by the County of Orange, the Enforcement Officer shall be as
set forth in that agreement; otherwise, the Enforcement Officer
shall be the Director of Public Works of the City of Santa Ana
nr his designee.
INDIVIDUAL DOMESTIC WELL. A water well used to supply water
for domestic needs of an individual residence or commercial
establishment.
INDUSTRIAL WELL. A water well used to supply an industry on
an individual basis.
OBSERVATION WELL. A well used for monitoring or sampling the
conditions of a water -bearing aquifer, such as water pressure,
depth, movement or quality.
PERMIT. A written permit issued by the Enforcement Officer
permitting the construction, reconstruction, destruction, or
abandonment of a well.
PERSON. Any person, firm, corporation or governmental agency.
PUBLIC NUISANCE. The term "public nuisance", when applied to
a well, shall mean any well which threatens to impair the
quality of ground water or otherwise jeopardize the health
or safety of the public.
SALT WATER (HYDRAULIC) BARRIER WELL. A well used for extracting
water from or injecting water into the underground as a means
of preventing the intrusion of salt water into a fresh water
bearing aquifer.
TEST OR EXPLORATORY HOLE_ An excavation used for determining
the nature of underground geological or hydrological conditions,
whether by seismic investigation, direct observation or"any
other means.
ORDINANCE NO. NS-1219
PAGE THREE
WELL. Any artificial excavation constructed by any method for
the purpose of extracting water from or injecting water into
the underground, for providing cathodic protection or electrical
grounding of equipment, for making tests or observations of
underground conditions, or for any other similar purpose.
Wells shall include, but shall not be limited to, community
water supply wells, individual domestic wells, industrial wells,
agricultural wells, cathodic protection wells, electrical
grounding wells, test and exploratory holes, observation wells
and salt water (hydraulic) barrier wells, as defined herein,
and other wells whose regulation is necessary to fulfill the
purpose of this article as determined by the Advisory Agency.
Wells shall not include: (a) oil and gas wells; geothermal
wells or other wells constructed under the jurisdiction of
the State Department of Conservation, except those wells
converted to use as water wells; (b) wells used for the
purpose of dewatering excavations during construction, or
stabilizing hillsides or earth embankments; or (c) other
wells whose regulation is not necessary to fulfill the purpose
of this article as determined by the Advisory Agency.
Sec. 39-62. Acts prohibited, permit required.
No person shall, within the City of Santa Ana,
construct or reconstruct any well unless such construction or
reconstruction is carried out pursuant to and in conformance
with a written permit issued for that purpose by the Enforce-
ment Officer as provided in this article.
Nor shall any such person abandon a well unless it
has been destroyed pursuant to and in conformance with a written
permit issued by the Enforcement Officer.
Nor shall any such person violate the terms of any
order issued by the Advisory Agency or the Enforcement Officer,
issued pursuant to this article.
Sec. 39-63. Permits.
Applications for permits shall be made to the En-
forcement Officer containing such information as he shall require.
Each application shall be accompanied by a fee which
shall be established by resolution of the City Council of the
City of Santa Ana on the basis of the cost incurred in enforcing
the provisions of this article. Fifty percent (50%) of the
fee shall be returned to the applicant should. the permit be
denied or if the permit is cancelled within sixty (60) days
after issuance and no work has been done. A permit shall remain
in effect for one year from date of issuance.
Permits may be issued subject to any condition or re-
quirement found by the Enforcement Officer to be necessary to
accomplish the purposes of this article.
A permit may be cancelled or the conditions amended
by the Enforce -went Officer if he determines that to proceed
with the work would result in a public nuisance or the permit
holder has violated the terms of the permit or this article.
ORDINANCE NO. NS-1219
PACE FOUR
Sec. 39-64. Completion of Work
The permittee shall notify the Enforcement Officer
in writing upon completion of the work and no work shall be
deemed to have been completed until such written notification
has been received. A final inspection of the work shall be
made by the Enforcement Officer and no permittee shall be
deemed to have complied with this article or, his permit until
such inspection has been performed.
Sec. 39-65. Notice; Cancellation or Denial of Permit
In the event a permit is denied or cancelled, the
applicant or permit holder shall be given written notice by
the Enforcement Officer, which notice shall specify the rea-
sons for his action and shall notify the applicant or permit
holder of his right to request a hearing before the Advisory
Agency within ten days.
Sec. 39-66. Notice; Public Nuisance
In the event the Enforcement Officer determines
that a well constitutes a public nuisance, he shall mail a
written notice to the landowner and the permit holder, if
other than the landowner. A copy of the notice shall be
posted on the affected property. The notice shall state the
specific facts giving rise to such nuisance; the corrective
measures deemed necessary; the time, date, and place at which
a hearing shall be held by the Advisory Agency relating thereto,
which date shall be not less than ten nor more than thirty days
after the date such notice is mailed. The notice shall state
that in the event the Advisory Agency determines that a public
nuisance exists a special assessment shall be imposed upon the
land for any costs of abatement.
Sec.39-67. Immediate Abatement
If the Enforcement Officer finds that immediate
action is necessary to prevent impairment of the ground water
or a threat to the health or safety of the public, he may abate
the nuisance without giving notice. Within twenty-four (24)
hours after initiating such abatement, the Enforcement Officer
shall give notice of a hearing before the Advisory Agency in
the manner prescribed in Section 39-66.
Sec. 39-68. Board Bearing
At the time fixed for the hearing, the Advisory
Agency shall hear and consider all relevant testimony and
evidence offered by the landowner and by any other interested
person. In the event the Advisory Agency finds that a public
nuisance exists, it shall direct the Enforcement Officer to
take any necessary action to protect the ground water or the
health and safety of the public, unless the situation is cor-
rected by the landowner on or before a date to be specified
by the Advisory Agency. The costs of such corrective work
by the Enforcement Officer shall become a special assessment
upon the land pursuant to Section 39-69.
If the Advisory Agency finds that a permit was
improperly denied or cancelled, it shall order the Enforce-
ment Officer to issue or reinstate such permit.
ORDINAIQCE NO. NS-1219
PAGE FIVE
Sec. 39-69. Abatement Costs a Special Assessment.
Upon a finding by the Advisory Agency that a well
constitutes a public nuisance, all cost of abatement carried
out under the terms of this section shall constitute a charge
and special assessment upon the parcel of land involved. if
such costs are not paid within sixty (60) days, they shall then
be declared a special assessment against that parcel as pro-
vided in Government Code Section 28773.5. Such special assess-
ment shall be collected at the same time and in the same manner
as ordinary City taxes are collected and shall be subject to
the same penalties and the same procedures and sale in case of
deliquiency as provided for ordinary City taxes.' The City
shall retain the additional and independent right to recover
its costs by way of civil action against the owner and person
in possession or control, jointly or severally.
.Sec. 39-70. Standards
Standards for the construction, reconstruction,
destruction, or abandonment of wells shall be the standards
recommended in the State Department of water Resources Bulle-
tin No. 74, Chapter II and future amendments thereto. Stand-
ards for the construction, reconstruction, destruction or
abandonment of cathodic protection wells and electrical ground-
ing wells shall be the standards recommended in the State
Department of Water Resources Bulletin No. 74--1, and future
amendments thereto. Well standards may be modified by the
Enforcement Officer, with the advice and concurrence of the
Advisory Agency, where required to cope with the local geo=
logical and ground water conditions.
Sec. 39-71.
Any person who violates the terms of this Article
or any permit issued hereunder shall be guilty of a misdemeanor,
punishable by a fine not exceeding Five Hundred Dollars ($500)
or by imprisonment not exceeding six (6) months, or by both
such fine and imprisonment. Such person shall be deemed guilty
of a separate offense for each and every day or portion thereof
during which any such violation is committed, continued or
permitted and shall be subject to the same punishment as for
the original offense.
SECTION 2: That Section 39-32 of the Santa Ana Municipal
Code is hereby repealed.
SECTION 3: If any section, subsection, sentence,
clause, phrase or portion of this ordinance is for any
reason held to be invalid or unconstitutional by the deci-
sion of any court of competent -jurisdiction, such decision
shall not affect the validity of the remaining portions of
this ordinance. The City Council of the City of Santa Ana
hereby declares that it would have adopted this ordinance
and each section, subsection, sentence, clause, phrase or
portion thereof irrespective of the fact that any one or
more sections, subsections, clauses, phrases or portions be
declared invalid or unconstitutional.
SECTION 4: Neither the adoption of this ordinance nor
the repeal hereby of any ordinance shall in any manner affect
the prosecution for violation of ordinances, which violations
were committed prior to the effective date hereof, nor be
construed as affecting any of the provisions of such ordi-
nances relating to the collection of any such license or
penalty or the penal provisions applicable to any violation
thereof, nor to affect the validity of any bond or case de-
posit in lieu thereof, required to be posted, filed or depo-
sited pursuant to any ordinance, and all rights and obliga-
tions thereunder appertaining shall continue in full force
and effect.
ORDINZ\.N(11',a NO. NS).219
PAGE SIX
SEC'1110N 5: The Cierk of the Council shall certify to the
passag�� of this o.rdinance and cause the same to be published
in soi ne daily newspaper j.,>:r.i.nted and pub lish(::d in the City of
Santzi� Ana.
SECTION 0 , This Ordirnance shall take effect thirty (30)
da,,-rrs f"ron. and after the date of its adoption.
PASSED AND ADOPTJ.;,'D by the, City Council of �-]-Ie City of
S'arrta Ana. at. it:s regular meeLincr held on h-1-ie of
e -) �te. rn b�, r -, 197 4.
ATTEST:
Z
PAITEMON
MAYOR
STATE OF CALIFORNIA
COUNTY OF ORANGE as
CITY' OF SANTA ANA
I, FLORENCE I. MALONE, do hereby certify that I am the ' Clerk of the Council of the City of Santa Arka; that the fore-
going ordinance was -introduced to said Council at its adjourned reaulay,
meeting held on the 4)th day of Septen-fiber 1974,
and was again considered by said Council at its meeting held
on the 16th day of September F 1974F and was at
said mee�T!Yi-(--
T passed and adopted by the following vote, to wit:
AYES, COUNCILMEN.Griset, Yamarnoto, Markel., Garthe,
Patterson , Evans, Ward
NOES COUNCILMEN: None
ABSENT, COUNC I LMEN - N on E'
rL0r`fA1CF-,' f, MAJ.0ME
CLERK OF THE COUNCIL
APPROVED AS TO FORM: