CHAPTER 5. WATER SERVICE
ARTICLE 1. GENERAL PROVISIONS
8-05-1000 LEGISLATIVE AUTHORIZATION:
Pursuant to the authority granted it by Government Code section 25690 and section 25210.1 et seq. (County Service Area Law), the Board of Supervisors does enact this Chapter.
8-05-1005 PURPOSE:
It is the purpose of this Chapter to protect the health, safety, and welfare of the residents of the County of Tulare through the prevention of public health and other nuisances related to water service within certain areas of the County of Tulare. It shall be construed liberally to that end.
(Amended by Ord. No. 3559, effective 6-20-19)
8-05-1010 NOT EXCLUSIVE REGULATION:
This Chapter is not the exclusive regulation of public health and other nuisances relating to water service. It shall supplement and be in addition to the other regulating statutes and ordinances heretofore and hereafter enacted by the State, the County, or any other legal entity or agency having jurisdiction.
(Amended by Ord. No. 3559, effective 6-20-19)
8-05-1015 ADMINISTRATION AND ENFORCEMENT:
(a) Except as otherwise provided, this Chapter shall be administered and enforced by the Public Works Director or his or her deputy.
(b) The Public Works Director, when he or she has probable cause to believe that a violation exists as defined by section 8-05-1075 of this Chapter, may enter, inspect, and investigate any property located within the County.
(Amended by Ord. No. 3559, effective 6-20-19)
8-05-1020 APPLICATION:
This Chapter applies to all land owned by any individual or individual firm, partnership, joint venture, association, corporation, estate or trust within the area of the Delft Colony and Yettem Zones of Benefit of County Service Area No. 1. In addition, it applies to any land owned by the United States and any agency of the United States, the State of California and any agency of the State, any city, and a public district or political subdivision of the State of California within such areas insofar as it is legally possible to enforce this Chapter, or any portion thereof, against such entities.
8-05-1025 DEFINITIONS:
For the purposes of this Chapter, the following words and phrases shall have the following meanings:
(a) "Board" or "Board of Supervisors" means the Board of Supervisors of the County of Tulare.
(b) "Delft Colony" means the Delft Colony Zone of Benefit of the County Service Area No. 1.
(c) "Dwelling unit" means any structure, house or unit, or portion thereof, arranged or intended to be occupied by not more than one family, and having facilities for sleeping, eating, cooking and/or sanitary purposes.
(d) "House" means a detached single-family dwelling.
(e) "Owners of improved real property" means and includes persons who are recorded on the books of the County Assessor/Clerk-Recorder and County Tax Collector as the owners of lots or parcels of land that are improved by buildings that would be subject to service by a Public Water System under the provisions of this Chapter.
(f) "Parcel" means the division of land described as a parcel on the County tax rolls for property tax purposes. However, if such division of land is further divided into legal lots of record, each such lot shall be a separate parcel within this definition.
(g) "Person" means any individual, firm company, partnership, association, organization, the United States of America, the State of California, a political subdivision, governmental agency or other public or municipal corporation.
(h) "Public Water System" means the County of Tulare water works installed within the areas described in section 8-05-1020.
(i) Repealed by Ord. No. 3604.
(j) "Water Improvement Standards" means the Improvement Standards of Tulare County adopted by the Board of Supervisors effective January 1, 1992 by Resolution No. 91-1409, as amended from time to time, and as applicable to water works.
(k) "Water Works" includes wells, pumps, tanks, treatment facilities, reservoirs, pipelines, meters, and all other works necessary, useful or convenient to distribute and sell water for municipal purposes.
(Amended by Ord. No. 3559, effective 6-20-19; amended by Ord. No. 3604, effective 5-5-22)
ARTICLE 3. REQUIREMENTS
8-05-1075 PROHIBITIONS AND REQUIREMENTS:
The maintenance or use of a private water system within the areas described in section 8-05-1020 on parcels adjacent to or abutting streets or roads in which a public water system is installed is a public nuisance and is hereby prohibited, except that private wells and pumps in existence as of the effective date of this Chapter may be used for irrigation purposes only, on the condition that they comply with the Water Improvement Standards, incorporate the devices required to prevent backflow into the public water works, and operate in complete independence of the public water works. Any connection of such systems with the public water works is hereby expressly declared to be a public nuisance and is prohibited.
8-05-1080 CONNECTION WITH WATER SYSTEM:
All buildings, houses, and dwelling units within the areas described in section 8-05-1020 shall be connected to the Public Water System within such areas within one hundred and twenty (120) days of the Board of Supervisors’ acceptance of the Notice of Completion for the Public Water System within that specific Zone of Benefit in County Service Area No. 1 unless the period of time to connect is extended by resolution or other official order of the Board of Supervisors or unless otherwise allowed by the Water Improvement Standards.
8-05-1085 COMPLIANCE WITH STANDARDS:
In addition to the requirements of sections 8-05-1075 and 8-05-1080, all owners of property and/or their agents, lessees, successors in interest, assigns and authorized or unauthorized users of property within the areas described in section 8-05-1020 shall comply with the Water Improvement Standards.
8-05-1090 VACANCY:
During the period of any vacancy service as defined in the Water Fee Ordinance, habitation of buildings by human beings shall constitute a public nuisance and is hereby prohibited.
ARTICLE 5. PERMITS AND FEES
8-05-1140 PERMITS:
No person shall uncover, make any connection with or opening into, use, alter, or disturb any public water system within the areas described in section 8-05-1020 except under written permit issued by the County of Tulare or the County’s designated operator of the public water system. Any person required to obtain such a permit shall make application in accordance with, and be bound by, the Water Improvement Standards, including regulations and limitations of state and federal environmental control laws.
8-05-1145 FEES:
From time to time, the Board of Supervisors may establish by Ordinance fees for the issuance of permits under section 8-05-1140.
(Amended by Ord. No. 3604, effective 5-5-22)
ARTICLE 7. WATER SERVICE CHARGES
8-05-1195 WATER SERVICE CHARGES:
From time to time, the Board of Supervisors may establish fees or charges for the water services provided, including but not limited to connection fees and charges, water service rates and charges, stand-by charges, vacancy charges, reestablishment fees and charges as the Board finds to be reasonably related to the cost of the service provided. Such fees and tolls shall be adopted, and may be collectible, including placement of delinquent fees on the tax rolls, in the manner set out herein.
(Amended by Ord. No. 3604, effective 5-5-22)
ARTICLE 9. PENALTIES FOR VIOLATION
8-05-1245 VIOLATION: PENALTY:
The maintenance on private property of a public nuisance as described in sections 8-05-1075 or 8-05-1090 of this Chapter shall constitute an infraction, punishable under section 125 of this Code, if any of the following conditions are met:
(a) Such public nuisance is not corrected within fifteen (15) days after the Public Works Director or his or her deputy has notified the property owner of the existence of the public nuisance and there has been no timely request made to the Resource Management Agency for administrative review of the determination of such public nuisance; or
(b) If, after administrative review, the administrative review officer determines that such a public nuisance exists, and such public nuisance is not corrected within ten (10) business days following mailing of the notice of the administrative review officer’s decision to the property owner, and there has been no timely notice of appeal to the County Hearing Officer filed with the Clerk to the Board of Supervisors; or
(c) If, after administrative review and determination by the administrative review officer that such a public nuisance exists and that such public nuisance may be removed by some procedure proposed by the owner, and the administrative review officer has set a specific time within which the owner must complete the procedure, such public nuisance is not corrected within the period of time as set by the administrative review officer, and there has been no timely notice of appeal to the County Hearing Officer filed with the Clerk to the Board of Supervisors; or
(d) If, after a hearing held by the County Hearing Officer, the Hearing Officer determines that such public nuisance exists, and such public nuisance is not corrected within ten (10) business days following mailing of the notice of the Hearing Officer’s decision to the property owner; or
(e) If, after a hearing and determination by the County Hearing Officer that such a public nuisance exists and that such public nuisance may be removed by some procedure proposed by the owner, and the Hearing Officer has set a specific time within which the owner must complete the procedure, such public nuisance is not corrected within the period of time as set by the Hearing Officer.
Each such person shall be deemed guilty of a separate offense for each and every day, or portion thereof, during which any violation of any such provision of this Chapter is committed, permitted or continued by such person, and shall be punishable thereof as provided hereinabove.
(Amended by Ord. No. 3559, effective 6-20-19)
8-05-1250 OTHER VIOLATION: PENALTY:
Failure to comply with any other provision of this Chapter shall be a violation enforceable by the Public Works Director. Such violation shall constitute an infraction punishable under section 125 of this Ordinance Code. Each such person shall be deemed guilty of a separate offense for each and every day, or portion thereof, during which any violation of any such provision of this Chapter is committed, permitted or continued by such person, and shall be punishable therefore as provided herein.