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Title: 7 - Health and Welfare

Chapter: 32 - Regulations of Wells and Preservation of Groundwater

Section: 90 - Stop order

A. A well subject to this chapter which is constructed, repaired, modified, operated, abandoned or destroyed contrary to the provisions of this chapter is declared to be a public nuisance. If a violation of this chapter occurs, the health officer shall issue a stop order directing that the violation cease immediately. The order shall state the nature of the violation and that it is deemed to be a nuisance and shall contain references to applicable provisions of law or conditions of approval upon which the health officer based his determination.

The order may include a statement of any corrective action necessary to abate the condition. The order shall: (1) direct that the condition constituting the violation be abated within ten days after the notice is posted and (2) state that in the event the owner fails to abate the condition, the health officer may abate the condition at the owner\'s cost as provided in this chapter. If the health officer determines that the work has proceeded without a required permit, the order shall so state and shall direct that application for the permit be immediately made to the Department of Public Health.

The order shall be prominently posted at the site of the work and shall be sent by registered or certified mail to the owner of the site, as determined from the latest assessment roll, and by regular mail to any well driller engineer, contractor or equipment operator known to the health officer to have done the work or caused it to be done.

If the health officer determines that the work is being performed under the authorization of or pursuant to an approval by a public agency, other than Del Norte County, which has jurisdiction to regulate the work, he shall refer the matter to the agency con­cerned.

B. If the owner abates the condition or causes it to be abated or applies for a permit within ten days of the posting of the stop order and to the satisfaction of the health officer, he may rescind the stop order by posting and mailing a notice of rescission of stop order in the manner provided in subsection A of this section.


(Ord. 94-13 § 1 (part), 1994.)