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 Sutter County
 Code of Ordinances
 Appendix 700. HEALTH AND SANITATION
 Chapter 765. WATER WELLS

  § 765-110. NUISANCES  

Latest version.

  • (a)

    INVESTIGATION. The Health Officer, upon reasonable cause to believe that an abandoned well or other well is causing a nuisance by polluting or contaminating ground water, or constitutes a safety hazard, may investigate the situation to determine whether such a nuisance does in fact exist.

    (b)

    ORDER TO ABATE NUISANCE. Whenever the Health Officer determines that an abandoned or other well is causing a nuisance by polluting or contaminating ground water, or constitutes a safety hazard, he may issue a written order requiring that the conditions productive of the nuisance be abated within a period of ten days thereafter and shall forthwith serve the order upon the person occupying the premises, if any, and if no person occupies the premises, the order shall be posted upon said premises in a conspicuous place. In addition, a copy shall be mailed to the owners of the premises as their names and addresses appear upon the last equalized assessment roll. The Health Officer may for good cause extend the time specified in the order or otherwise modify or rescind the order.

    The order of abatement shall advise the processors and owners of the property of their right to appeal to the Environmental Health Appeals Board established under section 700-040, subsection C, and to stay the order of abatement pending such appeal.

    (c)

    APPEAL FROM ORDER OF ABATEMENT. When hearing appeals of orders of abatement, the Environmental Health Appeals Board shall follow the procedure set forth in section 700-040, subsection C, as modified by section 765-060, subsection (f).

    (d)

    ABATEMENT BY COUNTY. In the event that a nuisance is not abated in accordance with an Order of Abatement, the Health Officer may, upon securing the approval of the Board of Supervisors, proceed to abate the nuisance by force account, contract or any other method deemed most expedient by the Board.

    (e)

    PAYMENT OF COST BY OWNER. The Health Officer shall prepare and file with the Clerk of the Board of supervisors a report specifying the work done, the itemized and total cost of the work, a description of the real property upon which the well is or was located, and the names and addresses of the record owner, the holder of any mortgage or deed of trust of record, and any other person known to have a legal interest in the property.

    A hearing shall be held on said report and any protests or objections thereof, and notice of the hearing shall be mailed to the persons with a legal interest in the property at least ten days prior to the date set for the hearing. The Board of Supervisors shall determine at the hearing the correct charge to be made for the work.

    All costs of abatement carried out under the terms of this section shall constitute a charge and special assessment against the parcel of land involved. If such costs are not paid within 60 days, they shall then be declared a special assessment against that property as provided in Government Code §25845. The assessment shall be collected at the same time and in the same manner as ordinary county taxes are collected and shall be subject to the same penalties and the same procedure and sale in case or delinquency as provided for ordinary county taxes. All laws applicable to the levy, collection and enforcement of county taxes shall be applicable to such special assessment. In addition to its rights to impose said special assessment, the county shall retain the alternative right to recover its costs by way of civil action against the owner and person in possession or control jointly and severally.

(Ord. 933, Sec. 1; Dec. 27, 1983; [933] Ord. 1096; Sec. 4; Apr. 30, 1991)