Whenever the following words or terms are used in this code, they shall have such meanings herein ascribe to them, unless the context makes such meaning repugnant thereto:
AGENT: A person acting on behalf of another with authority conferred, either expressly or by implication.
APPLICANT: The person making application for a permit for a water, sewer, or plumbing installation and shall be the owner of premises to be served by the water for which a permit is requested or his authorized agent.
ASSOCIATION: The Bear Valley Springs Association (BVSA), a California nonprofit corporation.
BVSA: See definition of Association.
BOARD: The board of directors of the Bear Valley Community Services District. When used in title 3, chapter 8 of this code, the state board of forestry and fire protection.
BROWN ACT: Ralph M. Brown act or state of California open meeting law (California Government Code sections 54950 through 54962).
BUILDING: Any structure used for human habitation or a place for business, recreation, or other purpose containing water facilities.
BUILDING MATERIALS: Includes (but is not limited to) wood, roofing material, steel, bricks, stone, mortar, concrete, or other debris incident to the construction, partial construction, renovation, or demolition of buildings or structures.
CSD: Community services district.
CODE: The district code of the Bear Valley Community Services District.
COLLECTOR: An agent or employee of the Bear Valley Community Services District or any person, firm, corporation, or association, or the agents or employees thereof, licensed by contract or franchise to collect, transport, and dispose of refuse in Bear Valley.
COMMERCIAL SEWER SERVICE: The furnishing of sewer service to any commercial user.
COMMERCIAL SEWER USER: Any user who is not a residential user.
COMMERCIAL WASTE: The waste byproducts from a commercial process.
COMMON AREA: Shall mean and include collectively all real property (with the exception of dedicated roads) conveyed to the Bear Valley Community Services District by Dart Industries, Inc. (developer), including (without limitation), any real property upon which community facilities are located or are intended to be located.
COMMUNITY FACILITIES: The following facilities now or hereafter owned by the district and located within the district:
A. Entrances consisting of gatehouses and landscape areas;
B. An equestrian center consisting of a clubhouse (with manager's quarters), barn, tack room, stables, corrals, paddocks, training ring, pond, picnic/barbecue area and parking area;
C. A recreation center including clubhouse (with restaurant and bar), swimming pool, locker room, tennis courts, miscellaneous game areas;
D. Park areas including campgrounds, overnight equestrian stops, rifle range, trail bike course, and ponds;
E. Wilderness area and equestrian trails;
F. Picnic/barbecue area, and parking area;
G. Any other recreational facilities owned and maintained and/or controlled for the common use, benefit and enjoyment of the owners of real property within the development.
COMMUNITY SEWER SYSTEM: A system of sewage collection lines and treatment facilities owned, maintained and operated by the Bear Valley Community Services District.
CONTAMINATION: An impairment of the quality of the waters of the state by waste to a degree which creates a hazard to the public health through poisoning or through the spread of disease. "Contamination" shall include any equivalent effect resulting from the disposal of waste, whether or not waters of the state are affected.
COST: The cost of labor, material, transportation, supervision, engineering and all other necessary overhead expenses.
COUNTY: The county of Kern, state of California.
CROSS CONNECTION: Any physical connection between the piping system from the district service and that of any other water supply that is not, or cannot be, approved as safe and potable for human consumption, whereby water from the unapproved source may be forced or drawn into the district's distribution mains.
CUSTOMER: The property owner or his authorized representative of the premises receiving or applying for water or sewer service.
DATE OF PRESENTATION: The date upon which a bill or notice is mailed or delivered personally to the customer.
DEBRIS: Plant matter, paper, waste matter, litter, trash, refuse, rubbish and any other substance (particularly which, under dry conditions, creates a fire hazard).
DEPARTMENT: When used in title 3, chapter 8 of this code, the department of forestry and fire protection.
DETACHABLE BIN BOX: A portable container supported on casters and approved by the district for mechanical handling by collection trucks.
DISASTER COUNCIL: See definition of Disaster Preparedness Advisory Council (DPAC).
DISASTER PREPAREDNESS ADVISORY COUNCIL (DPAC): An advising group appointed by the board.
DISTRIBUTION MAINS: Water lines in streets, highways, alleys, and easements used for public and private fire protection and for general distribution of water.
DISTRICT: The Bear Valley Community Services District.
DISTRICT RIGHTS OF WAY: Roads, streets and ways owned by the district but not designated as a road or district road on exhibits A and B attached to ordinance 64 which is on file in the office of the district secretary.
DWELLING UNIT: Any single-family dwelling of one or more rooms having one or more plumbing fixtures suitable for residential occupancy by any number of persons living together, including single-family dwellings, and each group of rooms constituting a dwelling unit for a single family in any multiple-dwelling structure.
EMERGENCY: An event which interferes with the ability of the district to carry out its functions or which jeopardizes the health and/or safety of district personnel, local residents, or district property. Includes a state of war emergency, a state of emergency and a local emergency. An emergency also means the occasion or instance for which assistance is needed to supplement local efforts and capabilities to save lives and protect property, public health and safety. Ref. California Government Code section 8558 (c).
EMERGENCY MANAGEMENT COORDINATOR: The general manager or such other individual delegated by the board or general manager within the district to whom is delegated the day to day responsibility for the development and maintenance of all emergency management coordination efforts.
EMERGENCY MANAGEMENT DIRECTOR: The individual within the district that has overall responsibility for the district's emergency management and the director of the emergency operations center. See definition of Emergency Management Coordinator.
EMERGENCY PERIOD: The period that begins when the board, the emergency management director or the incident commander recognizes an existing, developing or impending emergency that poses a potential threat to the district. It includes the warning (where applicable), an impact phase and continues until immediate and ensuing effects of the emergency no longer constitute a hazard to life or a threat to property.
EMPLOYEES: Whenever reference is made in this code to a district employee by title only, this shall be construed as though followed by the words "of the Bear Valley Community Services District".
ENCROACHMENT: Includes any activity that materially affects the use and enjoyment of district property or common areas including, but not limited to:
A. Grass clippings, tree clippings, stumps, yard waste, animal waste, trash or other similar natural materials;
B. Buildings, structures, fences or walls;
C. Vegetable or ornamental gardens;
D. Volleyball courts, play courts, or any type of play field;
E. Landscape or irrigation improvements;
F. Placement of pipes or trenches that provide drainage;
G. Permanent or temporary storage of automobiles or automobile parts, trailers, recreation vehicles, or any type of construction equipment;
H. Mowing, tree trimming, removal or adjustment of fence or walk locations, or removal or adjustment to irrigation systems on district property;
I. Any action that causes common areas to appear to be privately owned.
ENVIRONMENTAL CONTROL COMMITTEE (ECC): A committee formed for the purpose of interpreting and enforcing the covenants and restrictions of the association.
FEE: A sum of money charged by the district for the carrying on of a business, profession or occupation.
GARBAGE: The animal and vegetable waste resulting from the handling, preparation, and use of foods including discarded food containers and wrappers.
GATE(S) AND GUARDED GATE(S): The entrance gate(s) that restricts entry into Bear Valley Springs and is maintained by district employees twenty four (24) hours a day.
GATE PERMIT: The permit issued by the district to persons, not otherwise authorized to enter Bear Valley Springs, permitting them to do so.
GENDER: A word importing either the masculine or feminine gender only shall extend and be applied to the other gender and to persons.
GENERAL MANAGER: The general manager of the district.
GREEN WASTE: Includes tree and shrubbery trimmings, leaves, and branches. Green waste does not include lawn clippings, horse manure, or any wood products.
HAZARDOUS WASTE: Liquid, solid, contained gas or sludge wastes that possess properties that are dangerous or potentially harmful to human health or the environment.
HIGHWAY: A way or place of whatever nature, publicly maintained and open to the use of the public for purposes of vehicular travel. "Highway" includes "street".
HOUSE LATERAL: That portion of any service connection between the property line and the structure being served.
IMPROVED PARCEL: Any lot or parcel receiving water service from the district. Parcel will be considered to be receiving water service when an encroachment permit is granted by the district to the property owner or his representative or construction begins on the parcel.
INCIDENT: An occurrence or event, either human caused or by natural phenomena, that requires emergency response to prevent or minimize loss of life or damage to property or natural resources (see definition of Emergency).
INCIDENT COMMAND SYSTEM (ICS): A standardized on scene management system specifically designed to provide for the adoption of an integrated organizational structure that reflects the complexity and demands of single or multiple incidents, without being hindered by jurisdictional boundaries. ICS is the combination of facilities, resources procedures, and communications operating within a common organizational structure, designed to aid in the management of resources during an incident.
INCIDENT COMMANDER: Individual responsible for all incident activities. Incident commander has overall authority and responsibility for conducting operations and is responsible for all management operations at the incident site.
INDUSTRIAL WASTE: The waste byproducts from an industrial (or manufacturing) process.
LICENSE: The permission granted for the carrying on of a business, profession or occupation.
LOCAL EMERGENCY: The duly proclaimed existence of conditions of disaster or extreme peril to the safety of persons and property within the territorial limits of the district caused by such conditions as pollution, fire, flood, storm, epidemic, riot, drought, sudden and severe energy shortage, plant or animal infestation or disease, the governor's warning of an earthquake or volcanic prediction, or an earthquake, or other conditions, other than conditions resulting from a labor controversy, which conditions are or are likely to be beyond the control of the services, personnel, equipment, and facilities of the district and require the combined forces of other political subdivisions to combat, or with respect to regulated energy utilities, a sudden and severe energy shortage which requires extraordinary measures beyond the authority vested in the California public utilities commission. Ref: California Government Code section 8558(c).
LOCAL NONPROFIT ASSOCIATION: A not for profit, unincorporated association of natural persons for religious, scientific, social, literary, educational, recreational, benevolent, or other purpose whose principal meeting place is located in the district.
LOCAL NONPROFIT CORPORATION: Not for profit corporations organized pursuant to division 2 (commencing with section 5000) of title 1 of the Corporations Code, which have their principal address and meeting place located in the district.
MAIN EXTENSION: Extension of the district water or sewer lines to areas not currently served. Includes all costs associated with the provision of water services to the area served by the extension, including wells and water rights.
MAIN SEWER: Any sewer constructed in any street of district owned property to accommodate one or more than one service connection.
MANURE: Any substance composed primarily of animal excrement, but including plant remains, stall shavings or mixtures of those substances whether composted or not.
MOTOR VEHICLE: A vehicle that is self-propelled. "Motor vehicle" does not include a self-propelled wheelchair, invalid tricycle, or motorized quadricycle when operated by a person who, by reason of physical disability, is otherwise unable to move about as a pedestrian. Ref: California Vehicle Code section 415.
MULTIPLE-DWELLING STRUCTURE: Any two (2) or more dwelling units in any single building or structure or group of buildings or structures, including any apartment house, apartment court or condominium excepting any multiple lodging structure.
NATIONAL INCIDENT MANAGEMENT SYSTEM (NIMS): As used in the state of California, is synonymous with the standardized emergency management system (SEMS).
NUISANCE: Anything offensive to the sensibilities of reasonable persons, or any act or activity creating a hazard which threatens the health and welfare of inhabitants of the district, or any activity which by its perpetuation can reasonably be said to have a detrimental effect on the property of a person or persons within the community.
OCCUPANT: As applied to a building or land, shall include any person who occupies the whole or any part of such building or land whether alone or with others.
OFFENSE: Any act forbidden by any provision of this code or the omission of any act required by the provision of this code.
OFFICERS: Whenever reference is made in this code to a district officer by title only, this shall be construed as though followed by the words "of the Bear Valley Community Services District".
OPERATOR: The person who is in charge of any operation, business or profession.
OWNER: Any individual, partnership, corporation, or association in whose name the legal title to the property appears (including any part owner, joint owner or tenant in common) by deed duly recorded in the county recorder's office, or the individual, partnership, corporation or association in possession of the property under claim of, or exercising acts of ownership over same for himself, or as executor, administrator, guardian or trustee of the owner.
OWNERSHIP OF WASTE MATERIALS: Solid waste subject to collection by the district or a collection service operator shall become the property of the district or the collection service operator, at such time as the district takes possession of the wastes, by the placement of the wastes in district or contractors' receptacles or facilities.
PEACE OFFICER: See definition of Police Officer.
PERMIT: Any written authorization required pursuant to any regulation of the district.
PERSON: Any human being, individual, firm, company, partnership, association and private or public or municipal corporations, the United States of America, the state of California, districts and all political subdivisions, governmental agencies and mandataries thereof.
PERSONAL PROPERTY: Shall include every description of money, goods, chattels, effects, evidence of rights in action and all written instruments by which any pecuniary obligation, right or title to property is created, acknowledged, transferred, increased, defeated, discharged or diminished and every right or interest therein.
PINE BARK BEETLE: Any beetle that infests pine trees, including, but not limited to, pine bark beetles, IPS beetles, Jeffrey pine beetles and western pine beetles.
PINE TREE: Includes any of the following: any living or standing pine tree or evergreen tree or part thereof; any dead pine tree or evergreen tree or dead part of any pine tree, including logs, branches, stumps, firewood or other pine material from which the bark has not been removed.
POLICE OFFICER: A police officer employed by the district.
POLLUTION: An alteration of the quality of waters of the state by waste to a degree which unreasonably affects such waters for beneficial use, or facilities which serve such beneficial uses. "Pollution" may include "contamination".
PREMISES: A lot or parcel of real property under one ownership.
PRIVATE FIRE PROTECTION SERVICE: Water service and facilities for building sprinkler systems, hydrants, hose reels and other facilities installed on private property for fire protection and the water available therefor.
PROPERTY: A parcel of real property. For purposes of pine bark beetle infestation: Includes any land which has enough timber, standing or down, to constitute, in the judgment of the board, an insect or pine bark beetle infestation breeding ground or plant disease hazard of a nature to constitute a menace, injurious and dangerous to timber or forest growth, especially pine trees.
PUBLIC COMPLAINT: An allegation by a member of the public of a violation or misinterpretation of a district policy, or state or federal statute of which the individual has been adversely affected.
PUBLIC FIRE PROTECTION SERVICE: The service and facilities of the entire water supply, storage and distribution system of the district, including the fire hydrants affixed thereto, and the water available for fire protection, excepting house service connections and appurtenances thereto.
PUBLIC PARK: See definition of Recreation Area.
PUBLIC PROPERTY: Does not include highway.
PUBLIC RECORDS: Any writing containing information relating to the conduct of district business prepared, owned, used or retained by the district regardless of physical form or characteristics.
PYROTECHNIC DEVICE: Has the same meaning as that set forth in section 12526 of the California Health and Safety Code.
RECREATION AREA: Shall include, but is not limited to, all land, lakes, rivers, beaches, campgrounds, golf courses, community facilities leased to the association, equestrian trails, swimming pools, tennis courts, recreational areas, roadside rests and common areas, owned or operated by the district or its designee as a public park or public recreation area.
RECYCLING: The process by which salvage materials become usable products.
REGULAR WATER SERVICE: Water service and facilities rendered for normal domestic, commercial and industrial purposes on a permanent basis, and the water available therefor.
REMOVAL FREQUENCY: Frequency of removal of solid waste from the place of waste generation either by an approved collection agency or by the owner of the waste.
REPORT: The report referred to in section 5473 of the Health and Safety Code of California, pertaining to wastewater reporting requirements.
RESIDENTIAL SEWER SERVICE: The sewer service furnished to any residential user.
RESIDENTIAL WASTE: Any liquid or water carried or other human or animal waste.
RESOURCE RECOVERY: The reclamation or salvage of wastes for reuse, conversion to energy or recycling.
RIGHT OF WAY: The privilege of the immediate use of the roadway or other property. Ref: California Vehicle Code section 525.
ROAD (OR DISTRICT ROAD): The roads, streets and ways designated as such on exhibits A and B attached to ordinance 64 on file in the office of the district secretary.
RUBBISH: Includes wastepaper, cardboard, rags, household ashes, lawn clippings, wearing apparel, household goods, wooden containers, and all worthless, useless, unused, rejected, and castoff matter produced by and as a result of human habitation and the transaction of business within the district.
SEMS: Standardized emergency management system; a system required by California Government Code for managing response to multiagency and multijurisdiction emergencies in California. SEMS consists of five (5) organizational levels which are activated as necessary: field response, local government, operational area, region, state. Ref: SEMS guidelines glossary, p. 12.
SCAVENGING: The uncontrolled and/or unauthorized removal of solid waste materials.
SERVICE OR SERVICE CONNECTION: The pipeline and appurtenant facilities such as the curb stop, meter and meter box, if any, used to extend water or sewer service from a distribution/collection main to premises, at or near a property line. Where services are divided at the curb or property line to serve several customers, each such branch service shall be deemed a separate service. Includes all costs associated with the provision of water services to the property served by the connection.
SEWAGE: Any combination of water carried waste discharge from structures in the District.
SEWAGE DISPOSAL CHARGES: Fees, tolls, rates, rentals or other charges for services and facilities furnished by the District in connection with sanitation or sewage systems.
SEWAGE DISPOSAL SYSTEM: A septic tank or any other similar facility designed and constructed for the purpose of receiving and disposing of sewage.
SIGN: Any device, fixture, placard, or structure of any character that is intended to draw attention to a message, and which is visible by the general public from any District street, road, property, or rights-of-way.
SOLID WASTE: All putrescible and nonputrescible solid, semisolid, and liquid wastes, including garbage, swill, trash, refuse, paper, rubbish, ashes, industrial wastes, demolition and construction wastes, abandoned vehicles and parts thereof, discarded home and industrial appliances, dewatered, treated, or chemically fixed sewage sludge which is not hazardous waste, manure, vegetable or animal solid and semisolid wastes, and other discarded solid and semisolid wastes. It does not include hazardous waste or medical waste except hypodermic syringes or needles in appropriate disposal containers.
SOLID WASTE CONTAINER: Standard containers, detachable bin boxes, and stationary refuse compactor and dropoff boxes (also referred to as a roll-off).
SOLID WASTE MANAGEMENT: Includes a planned program for effectively controlling the generation, storage, collection, transportation, processing and reuse, conversion or disposal of solid wastes in a safe, sanitary, aesthetically acceptable, environmentally sound and economical manner. It includes all administrative, financial, environmental, legal and planning functions as well as the operational aspects of solid waste handling, disposal and resource recovery systems necessary to achieve established objectives.
SPECIAL EFFECTS: Has the same meaning as that set forth in section 12532 of the California Health and Safety Code.
STANDARD CONTAINER: Metallic or plastic tapered can, of sufficient strength to prevent being broken under ordinary conditions. Cans shall be equipped with a cover, cover handle, and side handles or bails.
STATE: The State of California.
STATIONARY REFUSE COMPACTOR AND DROPOFF BOX: A large metallic solid waste container capable of being detached and hauled by mechanical means, which is connected to a stationary, mechanical solid waste compactor for compacting solid waste in such container.
STOP OR STOPPING: When prohibited, shall mean any cessation of movement of a vehicle, whether occupied or not, except when necessary to avoid conflict with other traffic or in compliance with the direction of a police officer or official traffic control device or signal.
STREET: Any public highway, road, street, avenue, alley, way, public place, public easement or right of way.
STREET LATERAL: That portion of any service connection between a main sewer and a property line and lying within a street or public easement.
SWILL: All classes of putrefactive and easily decomposed animal or vegetable matter that is subject to immediate decay.
TEMPORARY WATER SERVICE: Water service and facilities rendered for construction work and other uses of limited duration, and the water available therefor.
TENANT: As applied to a building or land, includes any person who occupies the whole or any part of such building or land, whether alone or with others.
TENANT ASSIGNEE: A person residing on an association member's property within the district to whom the member has assigned his or her rights as an association member.
TIMBER OWNER: Any person who owns timber immediately prior to felling or the first person to acquire either the legal title or beneficial title to timber after it has been felled from land. "Timber owner" includes any person who owns or acquires legal title or beneficial title to downed timber within the boundaries of the district.
TRUNK SEWER: That portion of the sewer line between a collection point for one or more main sewers and the treatment facilities.
UNAVAILABLE DIRECTOR: "Unavailable" means that a director is either killed, missing, or so seriously injured as to be unable to attend meetings and otherwise perform his or her duties. Any question as to whether a particular officer is unavailable shall be settled by the board or any remaining available members of the board (including standby directors who are serving on the board). Ref: California Government Code section 8636.
USER: Includes and shall be construed to mean any individual, firm, company, copartnership, association, public entity or corporation occupying the status or obligation of user under and within the terms hereof.
VECTOR: Includes any insect or other arthropod, rodent, or other animal capable of transmitting the causative agents of human disease, or disrupting the normal enjoyment of life by adversely affecting the public health and well being.
VEHICLE: A device by which any person or property may be propelled, moved, or drawn upon a highway, except a device moved by human power or used exclusively upon stationary rails or tracks.
VOLUNTEERS: Includes residents of the district who make themselves available for assignment during an emergency. They may or may not have particular skills needed during emergencies and may or may not be part of a previously organized group. The district shall prepare and maintain a roster of volunteers, including their special skills, if any.
WATER DEPARTMENT: The board of directors of the district performing functions related to the district water service, together with the general manager, the water supervisor, the billing clerk and other duly authorized representatives.
WEEDS: The following plants growing upon streets or private property within the district:
A. Plants which, when mature, bear downy or winged seeds;
B. Sagebrush, chaparral and any other brush plant that attains such large growth as to create a fire hazard to adjacent improved property;
C. Plants that are noxious or dangerous; and
D. Dry grass, stubble, brush, litter or other flammable material that endangers public safety by creating a fire hazard.
WRITING, WRITTEN, IN WRITING: Any handwriting, typewriting, printing, photostating, photocopying and every other means of recording upon any form of communication or representation, including letters, words, pictures, sounds or symbols, or combinations thereof, and all papers, maps, magnetic or paper tapes, photographic films and prints, magnetic or punched cards, discs, drums or other documents. When the written signature of any person is required by law to any official or public writing of bond, it shall be in the proper handwritten wet signature of such person, or in case such person is unable to write, by such person's proper mark. (Ord. 09-230, 1-8-2009; amd. Ord. 09-233, 10-8-2009; Ord. 18-248, 4-12-2018)