94.02 REGULATION.

No structure, facility or use of the type enumerated in Iowa Administrative Code Section 567-43.3(7)(455B) shall be constructed, located or maintained within the distances set forth in Table A from a public water well in Mount Vernon, Iowa.

94.03 EXISTING USES.

The use of structures or facilities existing at the time of the adoption of the ordinance codified in this chapter may be continued even though such use may not conform with the regulations of this chapter. However, such structure or facility may not be enlarged, extended, reconstructed or substituted subsequent to adoption of said ordinance unless an exemption is granted by the City Council.

94.04 INSPECTIONS.

1.   The wellhead protection officer or inspector shall have the power and authority to enter and inspect all buildings, structures and land field zones of influence for the purpose of making an inspection. Failure of a person having common authority over a property to permit an inspection shall be sufficient grounds and probable cause for a court of competent jurisdiction to issue a search warrant to the protection officer to inspect such premises.

2.   In the event a building or structure appears to be vacant or abandoned, and the owner cannot be readily contacted in order to obtain consent for an inspection, the officer or inspector may enter into or upon any open or unsecured portion of the premises in order to conduct an inspection thereof.

3.   The wellhead protection officer or inspector may inspect each well field annually and shall maintain an inventory, if applicable, of all hazardous substances which exist in each well field zone. An emergency plan shall be prepared and filed with the County Emergency Management Agency indicating the procedures which will be followed in the event of spillage of a regulated substance so as to control and collect all such spilled materials.

4.   It shall be the duty of all law enforcement officers to assist in making inspection when such assistance is required by the officer or inspector.

94.05 TRANSFER OF PROPERTY.

The City requires that all abandoned wells and cisterns be properly sealed prior to finalization of property sales or transfers within the corporate limits of the City.

94.06 BUILDING PERMIT ISSUANCE.

No building permits shall be issued which are a violation of this chapter or a source of contamination for a City well, and no building permits shall be issued which are a violation of the Iowa DNR Separation Distances From Wells.

94.07 CITY ACTION FOR INJUNCTIVE RELIEF.

If any person who engages in nonresidential activities stores, handles, uses and/or produces toxic substances within the wellhead protection zones as indicated on the wellhead protection zone maps, continues to operate in violation of the provisions of this chapter, then the City may file an action for injunctive relief in the court of jurisdiction. This section is not intended to limit the remedies available to the City.

94.08 NOTICE OF VIOLATION.

Whenever an officer or an inspector determines that there is a violation of this chapter, said officer or inspector shall give notice thereof, which notice shall:

1.   Be in writing;

2.   Be dated and signed by the officer or inspector;

3.   Specify the violation or violations;

4.   State that the violation(s) shall be corrected within a specified period of time as issued in writing by the inspector.