35-91   Violations Of Institutional Control Ordinance; Abatement Of Public
Nuisance
Whenever the City’s Building Department Director, or his/her designee, has inspected any well within Groundwater Control Area No. 3 and determined that such well is being operated, or that the groundwater pumped from the well is being used, in violation of this Article, he/she will send a written notice to the owner of record of the real property where the well is located, or the owner’s agent, or the occupant of the property, by certified mail, return receipt requested, notifying such party of the violation. The written notice will contain the following:
   A.   The street address and/or a legal description sufficient for identification of the property where the well is located.
   B.   A description of the acts or circumstances constituting a violation of this Article.
   C.   A description of the corrective action required to be taken to render the well and groundwater uses in compliance with this Article.
   D.   A statement advising the addressee that if the well and groundwater uses are not brought into compliance with this Article within the time specified, the City’s Building Department Director, or his/her designee, may order electrical power to the well disconnected and may request the City Attorney, with the consent of the City’s Mayor, to file an action to charge the costs thereof against the real estate, the owner of record and the addressee. The charge shall constitute a lien against said property.
(Added by Ordinance No. 9310, effective 08-30-2011)