Any person or persons, firm or corporation found guilty of digging, drilling, boring or driving a water well or having the same done without a permit as provided in this article, and the person or persons upon whose land the water well shall have been dug, drilled, bored or driven without a permit, shall be deemed guilty of a misdemeanor and shall be fined in accordance with the general penalty provision found in section
1.01.009 of this code. Each and every day such water well is in existence or is being dug, drilled, bored or driven without a permit having first been obtained from the city in violation of this article shall constitute a separate offense.
(2001 Code, sec. 3.1106)
Nothing contained in this article shall prohibit the city from
seeking injunctive relief against the owner or owners of property
or water well drillers, diggers, borers or drivers as the case may
be, to enforce this article.
(2001 Code, sec. 3.1107)
It is unlawful for any person or persons, firm, company or corporation
to dig, drill, bore or drive a water well within the city limits without
first obtaining a water well permit from the city.
(2001 Code, sec. 3.1101)
Applications for a water well permit shall be made with the
city secretary, or other duly appointed person designated by the city
manager. The applicant shall provide the following information in
reference to a proposed water well and the property upon which such
well is to be located:
(1) Name
and address of property owner(s);
(2) Location
of property where the proposed well is to be located (such as street
address, block, lot, addition);
(3) Purpose
for which the proposed well would be used (drinking water, water lawn
or garden, water livestock, etc.);
(4) Exact
dimensions of the lot where such proposed well is to be located;
(5) Location
and dimensions of all buildings on the property;
(6) Exact
location where the proposed well is to be located on the property;
(7) Type
of proposed well (dug, drilled, bored or driven);
(8) Proposed
depth of well (within twenty-five feet);
(10) If any of the following items are within one hundred feet or less
of the property line on which such property the proposed water well
is to be located, give:
(A) The location of all utility easements and exact distance between
the proposed well and the easement(s).
(B) The location of and exact distance from the proposed water well to
any septic tank(s); sewer lines (trunks, collectors, laterals); water
lines (supply, mains, laterals, service); gas lines (supply, mains,
service); underground telephone lines; streets, alleys, thoroughfares;
animal or livestock pens, barns or shelters; dump grounds (public
or private); creeks or streams; lakes or ponds; and any flood zone
area.
(2001 Code, sec. 3.1102)
Applicants for a water well permit shall pay an unrefundable permit fee as provided for in the fee schedule found in appendix
A of this code, and the city shall not act upon nor grant any water well permit until the permit fee has been paid in full.
(2001 Code, sec. 3.1103)
All water wells dug, drilled, bored or driven shall conform
to all the applicable laws, rules, regulations, requirements and specifications
set forth by the state and the city, in particular Ordinance Nos.
96-A and 97. It shall be the duty of the plumbing and electrical inspector
of the city to insure that all appropriate and applicable laws, rules
and regulations are being strictly followed during the construction
of the water well.
(2001 Code, sec. 3.1104)
In considering the granting of a water well permit, the city
manager shall fully consider the health and public safety of the citizens
of the entire city as it relates to the depth of the proposed well,
its proximity to city sewer lines, its proximity to city water lines,
its proximity to septic tanks, its proximity to lakes, streams or
creeks, and its proximity to any flood zone area. However, the granting
of a permit for purposes of a water well shall not relieve the applicant
of any responsibility for the safety and health of all the citizens
of the city, and the city reserves the right to inspect all wells
within the city limits as much and as often as it reasonably deems
necessary to protect the public health and safety.
(2001 Code, sec. 3.1105)