Sec. 14A-70. - Right of entry and inspection.

(a)

Representatives of the compliance agency and/or the building official shall have the right to enter upon any premises at all reasonable times to make inspections and tests for the purpose of enforcement and administration. If any such premises are occupied, he or she shall first present proper credentials and request entry. If the same is unoccupied, he or she shall first make a reasonable effort to locate the owner or other person having charge or control of same and request entry. If such entry is refused, he or she shall have recourse to such remedies as are provided by law to secure entry.

(b)

As a condition of the approval of any permit issued under the terms of this chapter, the permitted party shall sign a statement expressly stating that the compliance agency and/or the building official shall have the right to enter upon the premises to make inspections and tests for the purpose of enforcement and administration of this chapter and to ensure compliance with the permit terms and conditions.

(Ord. No. 587, § 2, 8-29-00; Ord. No. 587.1, § 8, 7-28-09)

Sec. 14A-71. - Abatement of abandoned wells.

All persons owning an abandoned well as defined in this chapter shall destroy it in accordance with the standards established herein, except those wells excluded by the California Health and Safety Code or other applicable provision of law.

(1)

Abatement by county as nuisance. Abandoned wells which are not destroyed in accordance with the terms of this chapter, or in accordance with any applicable permit condition imposed by the building official, are hereby declared to be public nuisances which may be abated by the county in accordance with Article IV of Chapter 14 of the Kings County Code of Ordinances.

(2)

Maintenance of inactive well. In accordance with Section 115700 of the California Health and Safety Code, as evidence of intention for future use, the well owner shall properly maintain an inactive well in compliance with the following requirements:

a.

The well shall not allow impairment of the quality of water within the well or ground water encountered by the well.

b.

In order to prevent unauthorized access, to prevent a safety hazard to humans or animals, and to prevent illegal disposal of wastes or other contaminated materials in the well, the top of the well or well casing shall be provided with a cover that is secured by a lock or other security device preventing the use of the cover without the use of equipment or tools. In order to prevent entry of surface waters, the cover shall be watertight where the top of the well casing or other surface openings to the well are below either ground level or known levels of flooding or irrigation practices. Regardless of the position of the top of the well casing, the cover shall be watertight if the well is inactive for more than five consecutive years. A pump motor, angle drive, or other surface feature of a well shall suffice as a cover if it is in compliance with the above provisions.

c.

An inactive well shall be marked so as to easily visible and located and labeled so as to be easily identified as a well.

d.

The area around an inactive well shall be kept clear of brush, debris and waste materials.

e.

Biannually, on or before December 31 of every other year during which an inactive well has been continuously maintained as such, the well owner shall submit a written, signed statement to the compliance officer identifying the well, indicating its status as an inactive well, and stating that the above requirements have been met.

(Ord. No. 587, § 2, 8-29-00)

Sec. 14A-72. - Criminal and civil enforcement.

(a)

Violation a misdemeanor. Any person who violates any of the provisions of this chapter is guilty of a misdemeanor, and upon conviction thereof is punishable by such penalties as the board shall from time to time set by ordinance.

(b)

Civil enforcement as a nuisance. Wells constructed, reconstructed, deepened, or destroyed which are not constructed, reconstructed, deepened, or destroyed in accordance with the terms of this chapter, or in accordance with any applicable permit condition imposed by the building official, are hereby declared to be public nuisances which may be abated in accordance with the provisions of Article IV of Chapter 14 of the Kings County Code of Ordinances. The property owner or his or her agent may abate any such public nuisance described hereinabove at any time prior to commencement of actual abatement by or at the direction of the compliance agency or the building official.

(Ord. No. 587, § 2, 8-29-00; Ord. No. 587.1, § 9, 7-28-09)