The use of private water wells as a source of domestic, commercial, industrial or agricultural water within the city is prohibited and made unlawful, except in the following circumstances:
   (A)   When the well and service are presently in existence the same may be continued, but there shall be no increased capacity or service added thereto except on a permit issued in accordance with the provisions of division (B) of this section; and/or
   (B)   When a permit therefor has been issued by the City Superintendent of Public Works. The Superintendent of Public Works shall issue the permit after approval by the City Council for temporary use only when the City Council, by resolution, finds the existence of the following conditions:
      (1)   There is no existing water service available to the property from the city municipal water system;
      (2)   An application has been submitted to the city for water service from its municipal system, and the application has been denied under the provisions of Ord. 71-2;
      (3)   The owner of the private water system has entered into a written contract with the city on a form prescribed by the city agreeing to the discontinuance and capping of the well, or in the case of an existing well the discontinuance of the increased capacity or service, on notice by the Superintendent of Public Works that water service is available to the subject property from the city municipal water system;
      (4)   The property involved is not the subject matter of a new or contemplated subdivision of land or the division or redivision of land not amounting to a subdivision, or in the alternative a private source of water supply for the subdivision or division or redivision has been approved pursuant to the provisions and procedures of the subdivision ordinance of the city; or
      (5)   Written approval for the well is obtained from the County Health Officer.
(1994 Code, § 13.08.010)  (Ord. 71-3, passed - -1971)  Penalty, see § 51.999