Wells constructed, reconstructed, deepened, developed, or destroyed which are not constructed, reconstructed, deepened, or destroyed in accordance with the terms of this Chapter, including permit conditions added by the Health Officer, and wells which are defective within the meaning of section 4-13-1058 of this Chapter are hereby declared public nuisances which may be abated in accordance with the provisions of this Article. The owner may abate the nuisance described hereinabove at any time prior to commencement of actual abatement by or at the direction of the Health Officer.
(Added by Ord. No. 3507, effective 8-31-17)
Whenever the Health Officer determines that a nuisance described in section 4-13-1023 of this Article exists, he/she shall deliver to the owner of the land upon which the nuisance has been determined to exist a written notice informing the owner of the determination of such nuisance. The notice shall state that unless the owner abates the nuisance within a time, following completion of service of the notice, therein stated, determined by the Health Officer to be a reasonable time to accomplish such abatement, but not less than two (2) weeks, or within such time files a request for administrative review with the Health and Human Services Agency Director, the Health Officer will abate the nuisance. It shall also state that the cost of such abatement may be added to the County assessment roll as a lien on the real property or placed on the unsecured tax roll.
(Added by Ord. No. 3507, effective 8-31-17; amended by Ord. No. 3559, effective 6-20-19)
The notice required by section 4-13-1024 of this Article shall be served by delivering it personally to the owner, or if he/she cannot be personally served, sending it by certified mail, addressed to the owner as his/her address appears on the records of the County Clerk/Recorder/Assessor. If service cannot be accomplished by personal delivery or by mail, notice may be given by posting a copy at the well site. Notice by posting shall be deemed complete one (1) week after posting.
(Added by Ord. No. 3507, effective 8-31-17)
The owner of property upon which the Health Officer has determined that a nuisance described in section 4-13-1023 of this Article exists may request administrative review by the Health and Human Services Agency Director or designee within the time specified in section 4-13-1024 of this Article by filing a written request with the Health and Human Services Agency Director. The request shall describe the property on which the nuisance has been determined to exist by street name and number and give the name of the owner and his address. The administrative review officer shall set a date and time for administrative review and send a notice thereof by regular mail at least ten (10) days before such date to the owner at the address set forth on his/her request and shall notify the Health Officer of such administrative review.
(Added by Ord. No. 3507, effective 8-31-17; amended by Ord. No. 3559, effective 6-20-19)
At the date and time set, administrative review shall be done by the administrative review officer. The administrative review officer shall consider all pertinent information offered by all interested persons.
(Added by Ord. No. 3507, effective 8-31-17; amended by Ord. No. 3559, effective 6-20-19)
(a) 
At the conclusion of the administrative review, if the administrative review officer determines that a public nuisance exists, he or she shall thereupon order the nuisance abated no sooner than thirty (30) days following the mailing of notice of the review officer's decision. The administrative review officer shall determine whether the nuisance is to be abated by correction or destruction.
(b) 
Any person aggrieved by any decision of the administrative review officer may appeal to the County Hearing Officer as set forth in Chapter 31 of Part I of this Code.
(Added by Ord. No. 3507, effective 8-31-17; amended by Ord. No. 3559, effective 6-20-19)
Judicial review of a decision of the County Hearing Officer made after a hearing pursuant to section 4-13-1028 of this Article shall be made pursuant to sections 1094.5 and 1094.6 of the Code of Civil Procedure of the State of California. When giving written notice to the owner of the order of the County Hearing Officer to abate the nuisance, the Clerk of the Board of Supervisors shall include a statement that the time within which judicial review must be sought is governed by said section 1094.6.
(Added by Ord. No. 3507, effective 8-31-17; amended by Ord. No. 3559, effective 6-20-19)
If a nuisance is not corrected or administrative review sought within the time specified pursuant to section 4-13-1024 of this Article or if, after administrative review, a nuisance is not abated or a notice of appeal filed pursuant to, and in the time required by, section 4-13-1028 of this Article, or if after appeal a nuisance is not abated, the Health Officer shall cause the nuisance to be abated and for that purpose he/she and others at his/her direction may enter the property where the nuisance exists.
(Added by Ord. No. 3507, effective 8-31-17; amended by Ord. No. 3559, effective 6-20-19)
The Health Officer shall keep an account of the cost of abatement and render a report in writing to the County Hearing Officer showing such cost. Upon receipt of the account of the Health Officer, the Clerk of the Board of Supervisors shall deposit a copy of the account in the mail addressed to the owner and include therewith a notice informing the owner that, at a date and time selected by the Clerk, but not less than ten (10) days after the date of mailing of the notice, the County Hearing Officer will review the account and that the owner may appear at said time and be heard.
(Added by Ord. No. 3507, effective 8-31-17; amended by Ord. No. 3559, effective 6-20-19)
At the time fixed, the County Hearing Officer shall review the report of the Health Officer. The owner may appear at said time and be heard on the questions of whether the accounting is accurate and the amounts reported are reasonable. The report of the Health Officer shall be admitted into evidence. The owner shall bear the burden of proving that the accounting is not accurate and reasonable. The hearing shall be conducted in the manner prescribed in Chapter 31 of Part I of this Code. The County Hearing Officer shall make such modifications in the accounting as he or she deems necessary and thereafter shall confirm the report by written decision.
(Added by Ord. No. 3507, effective 8-31-17; amended by Ord. No. 3559, effective 6-20-19)
The Board of Supervisors may order that the cost of abating nuisances pursuant to this Chapter be placed upon the County tax roll by the County Auditor as special assessments against the land, or placed on the unsecured roll, in accordance with the provisions of section 25845 of the Government Code of the State of California.
(Added by Ord. No. 3507, effective 8-31-17)