Title 15
BUILDINGS AND CONSTRUCTION

Chapters:

15.04 Building Code

15.08 Sign Ordinance

15.12 County Funded Construction Projects

15.14 Bidding Procedure for Public Construction

15.16 Floodplain Management

15.20 Water Wells

Chapter 15.04

BUILDING CODE

Sections:

15.04.010 Title.

15.04.020 Purpose.

15.04.030 Scope.

15.04.040 Definitions.

15.04.050 Liability of the county.

15.04.060 Chief building inspector—Established.

15.04.070 Chief building inspector—Duties.

15.04.080 Adoption of model codes.

15.04.090 Special snow conditions.

15.04.100 Permits—Compliance with health regulations.

15.04.110 Permits—Compliance with zoning regulations.

15.04.120 Permits—Surface drainage.

15.04.130 Permit fees.

15.04.131 Mobile home installations.

15.04.140 Building without permit unlawful.

15.04.150 Discharge of sewage.

15.04.160 Permanent utility connections.

15.04.170 Use of temporary power restricted.

15.04.180 Violation—Penalty.

15.04.190 Notice of noncompliance.

15.04.200 Building department appeals board.

15.04.201 Membership and terms.

15.04.202 Officers, meetings, duties.

15.04.010 Title. This chapter shall be known and may be referred to in all proceedings as the "Trinity County building code ordinance." (Ord. 378 §10, 1981)

15.04.020 Purpose. This chapter is enacted as a result of requirement of state law and the determination that within the unincorporated area of this county certain types of construction require regulations to provide minimum standards to safeguard lives and property and protect the general public health, safety and welfare. The board of supervisors of the county has determined that the adoption of this chapter will assure enforcement of the regulations and restrictions at least equal to those imposed by the state building standards and state housing laws and to provide for their enforcement by the county building official. (Ord. 1131 §1(part), 1990)

15.04.030 Scope.

A. The regulations adopted by this chapter shall cover residential, commercial, industrial, mobile homes not within mobile home parks, and all other structures within the unincorporated area of the county, except the following:

1. Structures regulated by state law to the exclusion of local regulation;

2. Structures regulated under Part 2.1, Division 13 of the Health and Safety Code of California, Mobilehome Parks;

B. Nothing contained in this chapter shall be construed to prevent any person from performing his own building, plumbing or electrical work when performed pursuant to a permit obtained in compliance with the provisions of this chapter. Work authorized by said permit shall, in all respects, conform with the provisions of this chapter and the California Building Codes adopted hereby. (Ord. 1280 §1, 2004; Ord. 378 §12, 1981)

15.04.040 Definitions.

A. "Building Department," "Electrical Department" or "Plumbing Department" means the office of the chief building inspector of the county of Trinity.


B. "Building Official," "Plumbing Official," "Chief Electrical Inspector," "Administrative Authority" and similar references to a chief administrative position mean the chief building inspector of Trinity County, or such assistants, deputies or employees authorized by the chief building inspector; provided, however, that where such terms are used in connection with those duties imposed upon the Health Officer, said terms shall mean health officer.

C. "Chapter" means the Trinity County building code.

D. "City" means the county of Trinity when referring to a political entity, or unincorporated area of such county when referring to area.

E. "City clerk" means the county of Trinity County clerk and ex officio clerk of the board of supervisors.

F. "City council" or "mayor" means the board of supervisors of the county of Trinity.

G. "Fire chief" means the head of the fire department, whether or not in a fire protection district, wherein any building is presently located or is to be located; the same shall mean the chief building inspector. (Ord. 378 §13, 1981)

15.04.050 Liability of the county. This chapter shall not impose upon the county any liability or responsibility for damages resulting from defective construction, plumbing, electrical work, or from any violation of or noncompliance with any section or sections of this chapter, nor shall the county or any official or employee thereof be held to assume any special liability or responsibility for or by reason of the inspection authorized under this chapter. (Ord. 378 §14, 1981)

15.04.060 Chief building inspector—Established. The position of chief building inspector of the county is established. (Ord. 378 §20, 1981)

15.04.070 Chief building inspector—Duties. The chief building inspector shall have the following duties:

A. To enforce all provisions of this chapter and the California Building Codes adopted by reference, together with all additions, deletions and modifications, except those specifically reserved to the health officer;

B. To review applications for building permits, issue permits, collect fees therefor, make inspections, issue certificates of occupancy and such functions as are imposed by the adoption of the California Building Codes, except those specifically reserved to the health officer, either in person or by such assistants, deputies or employees authorized by the board of supervisors;

C. To perform all related duties as may from time to time be assigned by the board of supervisors. (Ord. 1280 §2 (part), 2004; Ord. 378 §21, 1981)

15.04.080 Adoption of model codes.

A. Adoption of the California Building Code. The California Code of Regulations Title 24, Part 2, volumes 1 and 2, the California Building Code, 2001 Edition and all amendments thereto and all subsequent editions thereof are adopted by this reference.

B. Adoption of the California Electrical Code. The California Code of Regulations Title 24, Part 3, the California Electrical Code, 2001 Edition and all subsequent editions thereof are adopted by this reference.

C. Adoption of the California Mechanical Code. The California Code of Regulations Title 24, Part 4, the California Mechanical Code, 2001 Edition and all amendments thereto and all subsequent editions thereof are adopted by this reference.

D. Adoption of the California Plumbing Code. The California Code of Regulations Title 24, Part 5, the California Plumbing Code, 2001 Edition and all subsequent editions thereof are adopted by this reference.

E. Adoption of the California Energy Code. The California Code of Regulations Title 24, Part 6, the California Energy Code, 2001 Edition and all subsequent editions thereof are adopted by this reference.

F. Adoption of the California Building Standards Administrative Code. The California Code of Regulations Title 24 Part 1, the California Building Standards Administrative Code, 2001 Edition and all amendments thereto and all subsequent editions thereof are adopted by this reference.

G. Adoption of State Guidelines for Straw-Bale Structures. Chapter 4.5 of Part 2.5 of Division 13 (Health and Safety Code Sections 18944.30 et seq.) of the Health and Safety Code of the state of California and all future amendments thereto are adopted by this reference. In adopting the guidelines contained therein, the board of supervisors of Trinity County expressly finds that the application of these guidelines to Trinity County is reasonably necessary because of local conditions. A copy of this subsection and the foregoing finding shall be filed with the State Department of Housing and Community Development. (Ord. 1280 §3, 2004: Ord. 1272 §1, 2003; Ord. 1224 §1, 1999; Ord. 1212, 1996; Ord. 1131 §1 (part), 1990)

15.04.090 Special snow conditions. Plumbing and heating vents referred to in the adopted codes shall termnate near the highest point of the roof as practical where the snow load is determined by the chief building inspector to be in excess of fifty pounds per square foot. (Ord. 1280 §4, 2004; Ord. 378 §39, 1981)

15.04.100 Permits—Compliance with health regulations. No building permit shall be issued for any building which includes the construction, alteration or modification of any sewage disposal system unless and until approval has been issued therefor by the county health officer, or his duly authorized representative. (Ord. 378 §40, 1981)

15.04.110 Permits—Compliance with zoning regulations. No building permit shall be issued if the proposed


construction, alteration or repair would violate the provisions of any existing zoning or subdivision ordinance. (Ord. 378 §41, 1981)

15.04.120 Permits—Surface drainage. When the chief building inspector has determined that surface drainage on an existing site or on a proposed site is likely to interfere with the intended use such that it jeopardizes the health, safety or welfare of the persons using the premises or any adjacent property owners, he may require that there be submitted to him a report of a civil engineer licensed in the state of California, analyzing the surface drainage, its effects on the proposed or existing development, and proposed corrective action. The drainage problem shall be corrected to the satisfaction of the chief building inspector. (Ord. 1280 §5, 2004: Ord. 378 §42, 1981)

15.04.130 Permits—Fees. No building permit shall be issued until the appropriate fees have been paid. The fees shall be as follows:

A. Minimum Fee. The minimum fee is fifteen dollars.

B. Computation of Fees. The total valuation used to compute fees shall be determined by the building official, either by the application of the Building Standards Valuation Data as published by the International Conference of Building Officials or by the actual costs of construction. Evidence showing the actual cost shall be in the form of contract or by other reliable evidence which would give a true account of such cost.

C. Exempt Fee. No permit fee shall be required to be paid by the United States, the state of California or its political subdivisions, nor any special district when such work is being done on the official properties of such agencies, and to be used for governmental or educational purposes.

D. Refunds. Refunds of all or any portion of permit fees paid pursuant to this section shall be made as directed by the board of supervisors and upon such conditions as the board of supervisors may provide.

E. Waiver of Fees. Building permit fees may be waived for qualified agencies, organizations, groups or individuals pursuant to the following procedure:

1. All requests for building permit fee waivers shall be made in writing from the agency, organization or group, based upon official action by such agency, organization or group and signed by a duly authorized officer or agent, or from an individual, to the board of supervisors.

2. Requests for waivers shall be made prior to the processing of the application or permit by the building officials.

3. Approval of an application for a building permit fee waiver shall be given only if the board of supervisors makes all of the following findings:

a. Payment of the fees would create a financial hardship for the agency, organization, group or individual;

b. The proposed project for which the fees are to be collected would provide a benefit to the public;

c. The processing of the application or permit by the building officials is of a routine nature;

d. In the case of a nonprofit corporation, the board must also find, based upon the facts provided by the applicant, that the organization provides significant public services in a manner that does not discriminate on the basis of age, sex, handicap, color, creed, religion or national origin.

4. Notwithstanding the requirements of subdivision 3 of this section, the board may approve a waiver where, in the opinion of the board, one of the following conditions exists:

a. A failure to waive the fees would likely prohibit an otherwise worthy public project from proceeding;

b. The applicant is prohibited by law from paying the fee. (Ord. 1217, 1997: Ord. 1180 §1, 1993; Ord. 1153 §1, 1991: Ord. 1131 §1, 1990)

15.04.131 Mobile home installation.

A. Title. This section shall be known and may be referred to as the "Trinity County Regulations for Mobile Home Installation."

B. Purpose. The purpose of this section is to enact regulations for the installation of mobile homes in the unincorporated territory of the county.

C. Authority. This section is adopted pursuant to the provisions of Sections 18300 and 18550 of the Health and Safety Code of the state in order to implement, interpret, and make specific the provisions of Sections 18300, 18613, 18614, 18550 and 18551 of the Health and Safety Code.

D. Enforcement Agency Defined. Whenever the term "enforcement agency" is used in this section, or in Title 25 of the California Code of Regulations, such terms shall mean the county building inspector.

E. Applicability of State Laws. All of the applicable provisions of Title 25 of the California Code of Regulations pertaining to mobile homes installed outside of mobile home parks, as may be amended from time to time, not specifically set forth in this section, are made a part of this section.

F. Fees. Any person requesting a mobile home installation permit pursuant to the provisions of this section shall pay the fees established in Title 25 of the California Code of Regulations. (Ord. 1131 §2, 1990)

15.04.140 Building without permit unlawful. It is unlawful for any person, firm or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish any building or structure or mechanical equipment, subject to the regulations of this chapter, or to install or alter any plumbing, electrical wiring or fixtures therein in the unincorporated territory of the county unless a permit has been obtained therefor from the chief building inspector. (Ord. 378 §50, 1981)


15.04.150 Discharge of sewage. It shall be unlawful to discharge into or permit to be discharged from any privy, cesspool, septic tank, container, sewer pipes or conduits, not connected to a public sewer system, sewage, polluted or contaminated water or any matter or substance offensive or injurious or dangerous to public health, where such water overflows and any land whatever including tidelands, or where such water empties, flows, seeps or drains into or adversely affects any springs, streams, rivers, lakes or other waters or any public highway within the county, or where such water is accessible to insects or rodents. (Ord. 378 §51, 1981)

15.04.160 Permanent utility connections. It is unlawful for any person, including utility companies, to connect electric power lines of natural gas or liquid petroleum gas sources to a building or structure for which a building permit is required by this chapter until the final inspection has been made and approved and approval signed by the chief building inspector. (Ord. 378 §52, 1981)

15.04.170 Use of temporary power restricted. It is unlawful for any person to use or occupy any building or structure to which electrical power is furnished by temporary services on power poles, pedestals, or service equipment mounted on buildings or other structures, for more than thirty days following completion or discontinuation of construction. (Ord. 378 §53, 1981)

15.04.180 Violation—Penalty.

A. Any person, firm or corporation who violates any of the regulatory provisions of this chapter is guilty of an offense punishable as a misdemeanor or infraction. Any person convicted of a misdemeanor shall be punished by a fine of not more than five hundred dollars, or by imprisonment not to exceed six months in the county jail, or by both such fine and imprisonment. Any person convicted of an infraction shall be punished by a fine of not more than two hundred fifty dollars.

B. Each such person is guilty of a separate offense for each and every day during any portion of which any violation is committed, continued or permitted, and shall be punished accordingly. (Ord. 1082 §1, 1986; Ord. 378 §54, 1981)

15.04.190 Notice of noncompliance.

A. Where, in any case, the provisions of the California Building Code shall apply to the construction, alteration, moving, demolition, repair and use of any buildings or structures located on any property within the county and the provisions have not been complied with, excluding dwellings and structures under construction or completed prior to July 1, 1973, the building inspector may cause to be recorded with the county recorder, a notice of noncompliance. The recorder shall, upon receipt thereof, record the notice of noncompliance with the deed of the affected property. Within ten days of the filing with the county recorder of the notice of noncompliance, the building inspector shall notify the owner of record of the property, by addressing a copy of the notice of noncompliance to the last known address of the owner of record of the property and depositing it in the United States mail.

B. Upon showing of proof of compliance pursuant to the California Building Code, as adopted when construction was commenced on the building or structure, the building inspector shall so notify the county recorder and the notice of noncompliance shall be removed of record. (Ord. 1280 §2 (part), 2004; Ord. 1023 §1, 1983)

15.04.200 Building department appeals board. The building department appeals board is created to hear and decide appeals of orders, decisions, or determinations made by the county building official relative to the application and interpretation of the county code. (Ord. 1281 §1 (part), 2004)

15.04.201 Membership and terms.

A. The building department appeals board shall consist of five members, each one representing a supervisorial district within the county. Each supervisor shall nominate one member who is a resident and registered voter from his or her supervisorial district and who is qualified by experience and training to pass on matters pertaining to building construction. Said nominations shall be confirmed by a majority vote of the board of supervisors.

B. The term of office for each member shall be four years. The initial terms for Districts 1, 3, and 5, shall expire January 31, 2006. The initial terms for District 2 and 4 shall expire January 31, 2008. Thereafter, terms shall expire on the first Monday after January 31st upon completion of the four year term.

C. Vacancies shall be filled by nomination and confirmation as above described.

D. Members can be removed from the board by a three-fifths vote of the board of supervisors. (Ord. 1281 §1 (part), 2004)

15.04.202 Officers, meetings, duties.

A. The members of the board shall annually elect a chairperson who shall serve for a term of one year. The county building official shall serve as an ex-officio member and secretary of the board, but shall have no vote on any matter before the board.

B. The board shall hold meetings as necessary to hear appeals.

C. The board shall make such rules and regulations as are necessary to conduct its business.

D. The board shall hear appeals of decisions of the county building department and shall perform functions and duties and shall have such powers as prescribed by law, and in particular, as are prescribed in Section 105 of the


California Building Code. The board is not empowered to waive requirements of the code. (Ord. 1281 §1 (part), 2004)

Chapter 15.08

SIGN ORDINANCE

Sections:

15.08.010 Title.

15.08.020 Definitions.

15.08.030 General regulations. 15.08.040 Freestanding signs.

15.08.050 Outdoor advertising structures.

15.08.060 Temporary signs.

15.08.065 Community signage programs.

15.08.070 Regulations by zoning districts.

15.08.080 Exceptions.

15.08.090 Enforcement.

15.08.100 Violation—Penalty.

15.08.010 Title. This chapter shall be known and cited as the "sign ordinance of the county of Trinity." (Ord. 325 §1, 1969)

15.08.020 Definitions. For the purpose of this chapter, certain terms are defined as follows:

A. "Appurtenant signs" means signs which carry only advertisements incidental to a lawful use of the premises on which they are located, including a sign or sign de-vices indicating the business or service transacted at or product produced on the premises, including the name of the person or firm occupying the premises.

B. "Directional and informational signs" means signs which direct the reader to the location of the facility or group of facilities for which the sign is erected and which may describe the characteristics and services available at such facility or group of facilities, and which are necessary to direct or inform the public of the following type of facilities: publicly owned structures or areas; community; historical points of interest; institutions such as churches, schools and colleges; and commercial areas providing services commonly used by motorists while traveling but not containing the brand name of any product or the name of any individual establishment.

C. "Nonappurtenant signs" means signs which carry advertisements which are not strictly incidental to the lawful use of the premises upon which they are located, or indicating businesses or services transacted or produced on the premises.

D. "Outdoor advertising signs or structures" means signs advertising a service or product and which are not located on the site upon which such service or product is being offered or sold.

E. "Sign" means a representation by means of words, diagrams, symbols or models situated in a place visible to the general public and intended to publicize any activity, person or thing. (Ord. 325 §2, 1969)

15.08.030 General regulations. It shall be unlawful for any person to paint, post, put up or display any sign, bill, poster, picture, lithograph, map, plat, sample, or any other device for advertising purposes of any kind, upon any outdoor advertising structure, fence, post, pole of tree within the limits of the county except as follows:

A. Expressed permission of the occupant, owner, lessee or person having possession thereof must be obtained in writing.

B. Such device shall be fixed or located on the place of business and used solely for advertising said business or the sale of said property upon which said signs are placed, except in cases permitted by the county zoning ordinance, subject to the restrictions that are provided therein.

C. These provisions shall not be construed to prohibit or include any notice or advertisement prescribed or required by law in any case, or any notice posted by a lawful officer.

D. No sign shall be constructed, installed or erected which does not comply with all of the provisions of this chapter, or which has less horizontal or vertical clearance from energized electric power lines and prescribed by the California Penal Code Section 385, Regulations of the California Public Utilities Commission, and the orders of the Division of Industrial Safety, state of California. Calculations of design for any sign shall be submitted when required by the building inspector.

E. No flat signs, projecting signs, outdoor advertising structures, bulletin boards or other advertising devices shall be erected in any of the residential districts of the county; provided, however, that this shall not prevent a person from placing nonillum-inated signs less than twelve inches square on the outside of windows on premises in residential districts, denoting approved uses under the zoning ordinance; provided further, that churches and quasipublic organizations may, upon obtaining a use permit from the planning commission, affix display signs on the premises which display devices which shall not exceed twenty square feet in area, and may be constructed of wood; provided further, that the provisions of this section shall not be deemed to prohibit the fixing of signs on real property in the residential districts advertising the said property for sale, providing that no lot will have more than one such sign and no such sign shall exceed the area set out in Section 15.08.070. Signs for subdivisions shall be permitted as set out in Section 15.08.070. (Ord. 325 §3, 1969)


15.08.040 Freestanding signs. No freestanding sign shall be erected in the county of an area more than pre-scribed in the regulations set out in Section 15.08.070 and shall not exceed thirty-five feet in height from the ground level. The sign shall be securely attached to posts or other supporting structures, and shall be located entirely within the lot lines. All such signs shall be constructed of metal or wood and shall advertise only the products and/or services for sale on the premises; such signs shall not be designed for posting of advertising copy.

When adjacent to a street or road line, independent freestanding signs may project one foot from the property line and must have a clearance of at least ten feet above adjacent ground, otherwise signs must be located entirely within the lot lines. Independent freestanding signs may be double-faced and are limited to the dimensions set out in the following regulations on each face in the area. Sign supports must be set in concrete and the entire sign designed to resist thirty pounds per square foot when pressured. All signs shall be constructed to support dead loads as required by the building code. Calculations or designs shall be submitted when required by the building inspector. (Ord. 325 §4(a), 1969)

15.08.050 Outdoor advertising structures. No outdoor advertising structures shall be erected in the county except in compliance with the provisions of this section and the regulations in Section 15.08.070.

A. Nonappurtenant outdoor advertising structures shall be spaced an average of one thousand feet apart on each side of the freeway. However, no such structures shall be closer than eight hundred feet to any other structure on each side of any freeway or state highway, and there shall be a maximum of five structures per mile on each side of any freeway or state highway.

B. All such nonappurtenant outdoor advertising structures shall maintain a setback of twenty feet from the right-of-way line.

C. All such nonappurtenant outdoor advertising structures shall be either twelve feet by twenty-five feet or twelve feet by forty feet in overall dimensions.

Maximum size of sign at indicated Speed Zone setback*

Miles per Hour 40' to 120' 120' & Over,

65 8' x 12' 10' x 20'

55 8' x 12' 10' x 20'

45 6' x 10' 8' x 16'

35 4' x 8' 8' x 12'

25 4' x 8' 8' x 12'

*Setback from centerline of highway, road or street.

D. When nonappurtenant outdoor advertising structures are proposed to be located on each side of the freeway or state highway they shall be approximately parallel. The establishment of such structure on one side of the freeway or state highway shall determine the location of such structure on the other side.

E. Nonappurtenant outdoor advertising structures may be permitted with closer spacing than that set out above provided such signs are located within one mile of a community through which the highway traverses or travels adjacent to, and subject to approval of the planning commission as prescribed in the sections following.

F. Nonappurtenant outdoor advertising structures shall not be permitted on any land abutting an interstate highway or an F.A.P. except in the H-C district.

G. When the designation of any freeway or highway is changed to a landscaped designation, all such nonappurtenant outdoor advertising structures designed to be seen from the freeway shall be removed within one year from the date of such change.

H. All lighting shall be effectively shielded as to prevent beams or rays of light from being directed on the main traveled way of any highway, street or road.

I. No sign shall be permitted which attempts or appears to attempt to direct traffic or which interferes with, imitates or resembles any official traffic device.

J. The road commissioner shall approve the location of all nonappurtenant outdoor advertising structures which are less than one hundred feet from any intersection of any street or road. (Ord. 325 §4(b), 1969)

15.08.060 Temporary signs. The planning commission is given authority and directed under the following conditions: to issue temporary permits for the erection, construction or maintenance of decorative flags, emblems, banners, buntings, shrubbery or other similar devices upon public sidewalks, streets, roads and other public places in conjunction with or pertaining to a festival, spectacle or other similar event of a general, civic or public nature conducted within an area of the county.

Such decorative flags, emblems, banners, buntings, shrubbery or other similar devices shall be so erected, constructed or maintained as to not interfere with traffic or with the safety of persons or property in such manner as the commission shall determine.

Such temporary permits shall designate the dates during which such decorative flags, emblems, banners, buntings, shrubbery or other similar devices may be erected, constructed and maintained, and such time shall be for more than fifteen days before and not more than five days after the period during which such festival, spectacle or other civic event is produced in any area of the county. (Ord. 325 §5, 1969)


15.08.065 Community signage programs.

A. Offsite Community Directional Signage, Reader Boards, and Grouped Service Club Signage. Offsite community directional signage, reader boards, grouped service club signage, as well as directional and advertising signage for businesses located within a community or general plan area may be erected in accordance with the following provisions upon adoption of a resolution by the board of supervisors stipulating that all or part of the provisions of this section apply after review and recommendation by the planning commission. The placement of on-site signage within areas so designated shall be in accordance with Sections 15.08.030, 15.08.060, 15.08.070 and 15.08.080 of this chapter.

B. Public or Private Directional Signage. Community service signs indicating the type of service such as, but not limited to, public institutions, churches, service stations, recreational destinations, marinas, grocery stores, etc. may be located on arterial roads leading into a community under the county's encroachment permit process. Such signs must incorporate and/or allow more than one such service to be so identified. Only one such sign may be located within two hundred feet of the intersection of arterial roads with other arterial roads or state highways. Each sign must adhere to the following standards:

1. Sixty-four square feet shall be the maximum square footage;

2. Fourteen feet shall be the maximum height unless special site conditions warrant additional height as stipulated in the encroachment permit;

3. Twelve inches shall be the maximum lettering;

4. All services so identified shall be limited to the name of their service or business only. No description of goods or services available shall be mentioned;

5. The distance, in miles, to the service shall be noted;

6. All such signage shall be painted an earthtone brown background and shall utilize white lettering;

C. Community Reader Boards and Grouped Service Club Signage. Community reader boards indicating businesses, recreational sites, area maps, etc. may be located on a maximum of three sites throughout the community and shall be subject to the following requirements:

1. Sixty-four square feet shall be the maximum square footage;

2. Fourteen feet shall be the maximum height unless special site conditions warrant additional height as stipulated in the permit;

3. The site specific location of each sign shall be subject to the administrative review and approval of the director of transportation and planning. Such review shall be limited to ensure adequate set back from county or private roads is provided;

4. It is required that all such signs be grouped or placed on common posts;

5. All such signage shall be reviewed by the community's or the county chamber of commerce or other public entity prior to final plans being submitted to the director of transportation and planning.

Community identification signs may be located on state highways and arterial roads approaching a community in accordance with these requirements as well.

D. Offsite Directional and Advertising Signage. Offsite directional business and service signs indicating businesses or services available in the community may be only located within one thousand feet of the center point of the intersections as identified in the board of supervisors resolution. The size, placement, and other standards which must be adhered to when placing signs are as follows:

1. Thirty-six square feet shall be the maximum square footage;

2. Fourteen feet shall be the maximum height unless special site conditions warrant additional height as stipulated in the permit;

3. If placed within road right-of-way, a county encroachment permit and Caltrans offsite permit shall be required;

4. If placed on private property, a directors use permit and a Caltrans offsite permit shall be required;

5. A maximum of only ten such signs may be permissable in only one location;

6. Such signs must be maintained in a reasonable fashion. If such sign is not well maintained, then the director of transportation and planning shall give notice to the business owner. If such sign is not repaired within sixty calendar days after the date of such notice, then the director shall cause the sign to be removed and removal costs shall be charged to the business owner;

7. No sign shall be placed within ten feet of the traveled roadway. No sign shall be placed within twenty feet of another sign or obstruct the visibility of another sign;

8. All such signs shall be double-faced or other-wise treated so that both sides of the sign have a finished appearance;

9. No such signs shall be allowed where there exists a potential for obstructing driver or pedestrian safety. (Ord. 325-1 §1, 1992)

15.08.080 Exceptions.

A. The planning commission may grant exceptions from the regulations and requirements of Sections 15.08.060 and 15.08.070 and no others. Application for any such exception shall be made by petition of either the owner or sign company and shall not exceed ninety-six square feet.

B. The planning commission may hold a public hearing at its discretion. The planning commission shall find the following facts before granting any exception:


1. That the granting of the exception will not be detrimental to the public welfare or injurious to any other property in the vicinity;

2. That the granting of the exception will not constitute a traffic hazard;

3. That the granting of the exception will not be contrary to the intent of this chapter. (Ord. 325 §7, 1969)

15.08.090 Enforcement. It shall be the duty of the building inspector to enforce the provisions of this chapter. (Ord. 325 §8, 1969)

15.08.100 Violation—Penalty. Any person, as principal, officer, agent, clerk or employee, whether acting for himself or for any other person who shall violate any provision of this chapter, shall be deemed to be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine not exceeding five hundred dollars, or by imprisonment in the county jail for a term not exceeding six months, or by both such fine and imprisonment. (Ord. 325 §9, 1969)

Chapter 15.12

COUNTY FUNDED CONSTRUCTION PROJECTS

Sections:

15.12.010 Use of county residents—Quota.

15.12.010 Use of county residents—Quota. On any construction project funded in whole or in part by county funds, or funds which, in accordance with a federal or state grant or otherwise, the county expends or administers, and to which the county is a signatory to the construction contract, the worker hours on a craft-by-craft basis shall be performed by no less than fifty percent bona fide Trinity residents.

Provided, that after the exercise of reasonable diligence to fill the above residency quota, a contractor is not able to find Trinity County residents, an affidavit attesting to same, listing what positions cannot be filled, as well as the efforts made thereby, shall be filed by the contractor with the responsible county contracting agency. Upon said filing, county may waive only those quota provisions for the positions that cannot be filled by bona fide Trinity County residents. (Ord. 1067 §1, 1985)

Chapter 15.14

BIDDING PROCEDURE FOR PUBLIC CONSTRUCTION

Sections:

15.14.010 Informal bid procedure.

15.14.020 Contractors list required.

15.14.030 Notice inviting informal bids.

15.14.010 Informal bid procedure. Public projects, as defined by the Uniform Public Construction Cost Account Act and amended by Assembly Bill 1519, of seventy-five thousand dollars or less may be let to contract by informal procedures as set forth in Section 22032, et seq., of the Public Contract Code. (Ord. 1126 §1(A), 1989)

15.14.020 Contractors list required. A list of con-tractors shall be developed and maintained in accordance with the provisions of Section 22034 of the Public Contract Code and criteria promulgated from time to time by the California Uniform Construction Cost Accounting Commission. (Ord. 1126 §1(B), 1989)

15.14.030 Notice inviting informal bids. Where a public project is to be performed which is subject to the pro-visions of this chapter, a notice inviting informal bids shall be mailed to all contractors for the category of work to be bid, as shown on the list developed in accordance with Section 15.14.020. Additional contractors noticed at the discretion of the department soliciting bids; provided however:

A. If there is no list of qualified contractors maintained by the county for the particular category of work to be performed, the notice inviting bids shall be sent only to the construction trade journals specified by the commission.

B. If the product or service is proprietary in nature such that it can be obtained only from a certain contractor or contractors, the notice inviting informal bids may be sent exclusively to such contractor or contractors. (Ord. 1126 §1(C), 1989)

Chapter 15.16

FLOODPLAIN MANAGEMENT

Sections:

ARTICLE I. GENERAL PROVISIONS


15.16.010 Statutory authorization.

15.16.020 Findings of fact.

15.16.030 Statement of purpose.

15.16.040 Methods of reducing flood losses.

15.16.050 Definitions.

15.16.060 Lands to which this chapter applies.

15.16.070 Basis for establishing the areas of special flood hazards.

15.16.080 Compliance—Violation—Penalty.

15.16.090 Abrogation and greater restrictions.

15.16.100 Interpretation.

15.16.110 Warning and disclaimer of liability.

ARTICLE II. ADMINISTRATION

15.16.120 Requirement of a planning director-issued use permit.

15.16.130 Designation of the floodplain administrator.

15.16.140 Duties and responsibilities of the floodplain administrator.

15.16.150 Environmental review.

ARTICLE III. PROVISIONS FOR FLOOD HAZARD REDUCTION

15.16.160 Standards of construction.

15.16.170 Standards for utilities.

15.16.180 Standards for subdivisions.

15.16.190 Standards for manufactured homes.

15.16.200 Standards for recreational vehicles.

ARTICLE IV. VARIANCE PROCEDURE

15.16.210 Appeal board.

15.16.220 Conditions for variances.

ARTICLE I. GENERAL PROVISIONS

15.16.010 Statutory authorization., The Legislature of the state of California has in Government Code Sections 65302, 65560 and 65800 conferred upon local government units authority to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry. Therefore, the board of supervisors does ordain as set out in this chapter. (Ord. 1176 §1.1, 1993)

15.16.020 Findings of fact.

A. The flood hazard areas of the county are subject to periodic inundation which can result in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety and general welfare.

B. These flood losses are caused by the cumulative effect of obstructions in areas of special flood hazards which increase flood heights and velocities, and when inadequately anchored, damage uses in other areas. Uses that are inadequately floodproofed, elevated or otherwise protected from flood damage also contribute to the flood loss. (Ord. 1176 §1.2, 1993)

15.16.030 Statement of purpose. It is the purpose of this chapter to promote the public health, safety, and general welfare, to protect fish and wildlife resources, and to minimize public and private losses due to flood conditions in specific areas by provisions designed to:

A. Protect human life and health;

B. Minimize expenditure of public money for costly flood control projects;

C. Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;

D. Minimize prolonged business interruptions;

E. Minimize damage to public facilities and utilities, such as water and gas mains, electricity, telephone and sewer lines, and streets and bridges located in areas of special flood hazards;

F. Help maintain a stable tax base by providing for the secondary use and development of areas of special flood hazard so as to minimize future flood blight areas;

G. Ensure that potential buyers are notified that property is in an area of special flood hazard;


H. Ensure that those who occupy the areas of special flood hazard assume responsibility for their actions; and

I. Minimize impact to fish and wildlife resources that are associated with floodplains where such resources do not conflict with public health and safety. (Ord. 1176 §1.3, 1993)

15.16.040 Methods of reducing flood losses. In order to accomplish its purposes, this chapter includes methods and provisions for:

A. Restricting or prohibiting uses which are dangerous to health, safety, and property due to water or erosion hazards, or which result in damaging increases in erosion, flood heights or velocities;

B. Requiring that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction;

C. Controlling the alteration of natural floodplains, stream, channels, and natural protective barriers, which help accommodate or channel flood waters and maintain fish and wildlife resources;

D. Controlling filling, grading, dredging, and other development which may increase flood damage;

E. Preventing or regulating the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards in other areas. (Ord. 1176 §1.4, 1993)

15.16.050 Definitions. Unless specifically defined below, words or phrases used in this chapter shall be interpreted so as to give them the meaning they have in common usage and to give this chapter its most reasonable application:

"Accessory use" means a use which is incidental and subordinate to the principal use of the parcel of land on which it is located.

"Alluvial fan" means a geomorphologic feature characterized by a cone or fanshaped deposit of boulders, gravel, and fine sediments that have been eroded from mountain slopes, transported by flood flows, and then deposited on the valley floors, and which is subject to flash flooding, high velocity flows, debris flows, erosion, sediment movement and deposition, and channel migration.

"Apex" means the point of highest elevation on an alluvial fan, which on undisturbed fans is generally the point where the major stream that formed the fan emerges from the mountain front.

"Appeal" means a request for a review of the floodplain administrator's interpretation of any provision of this chapter or a request for a variance.

"Area of shallow flooding" means a designated AO or AH Zone on the Flood Insurance Rate Map (FIRM). The base flood depths range from one to three feet; a clearly defined channel does not exist; the path of flooding is unpredictable and indeterminate; and velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.

"Area of special flood-related erosion hazard" means the land within a community which is most likely to be subject to severe flood-related erosion losses. The area may be designated as Zone E on the Flood Insurance Rate Map (FIRM).

"Area of special flood hazard". See "Special flood hazard area" definition.

"Area of special mudslide hazard" means the area subject to severe mudslides, i.e. mudflows, the area designated as Zone M on the Flood Insurance Rate Map (FIRM).

"Base flood" means the flood having a one-percent chance of being equalled or exceeded in any given year (also called the "one-hundred-year flood"). Base flood is the term used throughout this document.

"Basement" means any area of the building having its floor subgrade (below ground level) on all sides.

"Breakaway walls" are any type of walls, whether solid or lattice, and whether constructed of concrete, masonry, wood, metal, plastic or any other suitable building material which is not part of the structural support of the building and which is designed to break away under abnormally high tides or wave action without causing any damage to the structural integrity of the building on which they are used or any buildings to which they might be carried by flood waters. A breakaway wall shall have a safe design loading resistance of not less than ten and nor more than twenty pounds per square foot. Use of breakaway walls must be certified by a registered engineer or architect and shall meet the following conditions:

1. Breakaway wall collapse shall result from a water load less than that which would occur during the base flood; and

2. The elevated portion of the building shall not incur any structural damage due to the effects of wind and water loads acting simultaneously in the event of the base flood.

"Building" see definition for "structure".

"Development" means any manmade change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations, or storage of equipment or materials.

"Encroachment" means the advance or infringement of uses, plant growth, fill, excavation, buildings, permanent structures or development into a floodplain which may impede or alter the flow capacity of a floodplain.

"Existing manufactured home park or subdivision" means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets and either final site grading or the pouring of concrete pads) is completed before the effective date of the floodplain management regulations adopted by the county.

"Expansion to an existing manufactured home park or subdivision" means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).

"Flood, flooding, or flood water" means:

1. A general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of


inland or tidal waters; the unusual and rapid accumulation or runoff of surface waters from any source; and/or mudslides (i.e. mudflows) (see "mudslides"); and

2. The conditions resulting from flood-related erosion (see "flood-related erosion".)

"Flood boundary and floodway map (FBFM)" means the official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated both the areas of special flood hazards and the floodway.

"Flood hazard boundary map" means the official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated the areas of flood hazards.

"Flood Insurance Rate Map (FIRM)" means the official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated both the area of special flood hazards and the risk premium zones applicable to the county.

"Flood Insurance Study" means the official report provided by the Federal Insurance Administration that includes flood profiles, the Flood Insurance Rate Map, the Flood Boundary and Floodway Map, and the water surface elevation of the base flood.

"Floodplain" or "flood-prone area" means any land area susceptible to being inundated by water from any source (see definition of "flooding").

"Floodplain administrator" is the individual appointed to administer and enforce the floodplain management regulations.

"Floodplain management" means the operation of an overall program of corrective and preventive measures for reducing flood damage and preserving and enhancing, where possible, natural resources in the floodplain, including but not limited to emergency preparedness plans, flood control works, floodplain management regulations, and open space plans.

"Floodplain management regulations" means this chapter and other zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as grading ordinance and erosion control ordinance) and other applications of police power which control development in flood-prone areas. The term describes federal, state or local regulations, in any combination there-of, which provide standards for preventing and reducing flood loss and damage.

"Floodproofing" means any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.

"Flood-related erosion" means the collapse or subsidence of land along the shore of a lake or other body of water as a result of undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as a flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding.

"Flood-related erosion area" or "flood-related erosion-prone area" means a land area adjoining the shore of a lake or other body or water, which due to the composition of the shoreline or bank and high water levels or wind-driven currents, is likely to suffer flood-related erosion damage.

"Flood-related erosion area management" means the operation of an overall program of corrective and preventive measures for reducing flood-related erosion damage, including but not limited to emergency preparedness plans, flood-related erosion control works, and floodplain management regulations.

"Floodway" means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot. (Also referred to as "regulatory floodway".)

"Floodway encroachment lines" means the lines marking the limits of floodways on federal, state and local flood-plain maps.

"Floodway fringe" is that area of the floodplain on either side of the regulatory floodway where encroachment may be permitted.

"Fraud and victimization" as related to Article IV, Variance Procedure, means that the variance granted must not cause fraud on or victimization of the public. In examining the requirement, the county will consider the fact that every newly constructed building adds to government responsibilities and remains a part of the community for fifty to one hundred years. Buildings that are permitted to be constructed below the base flood elevation are subject during all those year to increased risk of damage from floods, while future owners of the property and the community as a whole are subject to all the costs, inconvenience, danger, and suffering that those increased flood damages bring. In addition, future owners may purchase the property, unaware that it is subject to potential flood damage, and can be insured only at very high flood insurance rates.

"Functionally dependent use" means a use which cannot perform its intended purpose unless it is locate or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and shipbuilding and ship repair facilities, and does not include long-term storage or related manufacturing facilities.

"Governing body" is the local governing unit, i.e. county or municipality, that is empowered to adopt and implement regulations to provide for the public health, safety and general welfare of its citizenry.

"Hardship" as related to Article IV, Variance Procedure, means the exceptional hardship that would result from a failure to grant a requested variance. The county requires that the variance be exceptional, unusual, and peculiar to the property involved. Mere economic or financial hardship alone is not exceptional. Inconvenience, aesthetic considerations, physical


handicaps, personal preferences, or the disapproval of one's neighbors likewise cannot, as a rule, qualify as an exceptional hardship. All these problems can be resolved through other means without granting a variance, even if the alternative is more expensive, or requires the property owner to build elsewhere or put the parcel to a different use than originally intended.

"Highest adjacent grade" means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.

"Historic structure" means any structure that is:

1. Listed individually in the National Register of Historic Places (a listing maintained by the Department of the Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;

2. Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;

3. Individually listed on a State Inventory of Historic Places in states with historic preservation pro-grams which have been approved by the Secretary of the Interior; or

4. Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either by an approved state program as determined by the Secretary of the Interior or directly by the Secretary of the Interior.

"Levee" means a man made structure, usually an earthen embankment, designed and constructed in accordance with sound engineering practices to contain, control or divert the flow of water so as to provide protection form temporary flooding.

"Levee system" means a flood protection system which consists of a levee, or levees, and associated structures, such as closure and drainage devices, which are constructed and operated in accord with sound engineering practices.

"Lowest floor" means the lowest floor or the lowest enclosed area (including basement.) An unfinished or flood-resistant enclosure, usable solely for parking of vehicles, building access or storage, in an area other than a basement area, is not considered a building's lowest floor, provided that such enclosure is not built so as to render the structure in violation of the applicable nonelevation design requirements of this chapter.

"Manufactured home" means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. For floodplain management purposes, the term "manufactured home" also includes park trailers, travel trailers and other similar vehicles placed on a site for greater than one hundred eighty consecutive days but excludes recreational vehicles licensed and ready for highway use.

"Manufactured home park and subdivision" means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for sale or rent.

"Mean sea level" means, for purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which base flood elevations shown as on the community's Flood Insurance Rate Map are referenced.

"Mudslide" (i.e., mudflow) describes a condition where there is a river, flow or inundation of liquid mud down a hillside, usually as a result of a dual condition of loss of brush cover and the subsequent accumulation of water on the ground, preceded by a period of unusually heavy or sustained rain.

"Mudslide (i.e. mudflow) prone area" means an area with land surfaces and slopes of unconsolidated material where the history, geology, and climate indicate a potential for mudflow.

"New construction" means, for floodplain management purposes, structures for which the start of construction commenced on or after the effective date of a floodplain management regulation adopted by the county, and includes any subsequent improvements to such structures.

"New manufactured home park or subdivision" means a manufactured home park or subdivisions for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of floodplain management regulations adopted by the county.

"Obstruction" includes, but is not limited to, any dam, wall, wharf, embankment, levee, dike, pile, abutment, projection, excavation, channelization, bridge, conduit, culvert, building, wire, fence, rock, gravel, refuse, fill, structure, vegetation or other material in, along, across or projecting into any watercourse which may alter, impede, retard or change the direction and/or velocity of the flow of water, or due to its location, its propensity to snare or collect debris carried by the flow of water, or its likelihood of being carried downstream.

"One-hundred-year flood"—see base flood.

"Person" means an individual or his agent, firm, partnership, association or corporation, or agent of the aforementioned groups, or this state or its agencies or political subdivisions.

"Principal structure" means a structure used for the principal use of the property, as distinguished from an accessory use.

"Public safety and nuisance" as related to Article IV, Variance Procedure, means that the granting of a variance must not result in anything which is injurious to safety or health of an entire community or neighborhood, or any considerable number of persons, or unlawfully obstructs the free passage or use, in the customary manner, of any navigable lake, or river, bay, stream, canal, or basin.

"Ready for highway use" means that a recreational vehicle is on its wheels or jacking system, is attached to the site only by quick disconnect-type utilities and security devices, and has no permanently attached additions.


"Recreational vehicle" means a vehicle which is:

1. Built on a single chassis;

2. Four hundred square feet or less when measured at the largest horizontal projection;

3. Designed to be self-propelled or permanently towable by a light-duty truck; and

4. Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.

"Regulatory floodway" means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot.

"Remedy a violation" means to bring the structure or other development into compliance with state or local floodplain management regulations, or if this is not possible, to reduce the impacts of its noncompliance. Ways that impacts may be reduced include protecting the structure or other affected development from flood damages, implementing the enforcement provisions of this chapter or otherwise deterring future similar violations, or reducing federal financial exposure with regard to the structure or other development.

"Riverine" means relating to, formed by, or resembling a river (including tributaries), streams, brooks, etc.

"Sheet flow area"—see "Area of shallow flooding".

"Special flood hazard area (SFHA)" means an area having special flood or flood-related erosion hazards, and shown on a Flood Hazard Boundary Map (FHBM) or Flood Insurance Rate Map (FIRM) as Zone A, Zone AE, Zone AO, Zone Al-A30, Zone A99, Zone AH, Zone E, or Zone M.

"Start of construction" includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, placement, or other improvement was within one hundred eighty days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation system. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.

"Structure" means a walled and roofed building, including a gas or liquid storage tank, that is principally aboveground, as well as a manufactured home.

"Substantial damage" means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed fifty percent of the market value of the structure before the damage occurred.

"Substantial improvement" means any reconstruction, rehabilitation, addition, or other proposed new development of a structure, the cost of which equals or exceeds fifty percent of the market value of the structure before the "start of construction" of the improvement. This term includes structures which have incurred "substantial damage", regardless of the actual repair work performed. The term does not, however, include either:

1. Any project for improvement of a structure to comply with existing state or county health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions; or

2. Any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places.

"Variance" means a grant of relief from the requirements of this chapter which permits construction in a manner that would otherwise be prohibited by this chapter.

"Violation" means the failure of a structure or other development to be fully compliant with the county's flood-plain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in this chapter, is presumed to be in violation until such time as that documentation is provided.

"Water surface elevation" means the height, in relation to the National Geodetic Vertical Datum (NGVD) of 1929, (or other datum, where specified) of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas.

"Watercourse" means a lake, river, creek, stream, wash, arroyo, channel or other topographic feature on or over which waters flow at least periodically. Watercourse includes specifically designated areas in which substantial flood damage may occur. (Ord. 1176 §2.0, 1993)

15.16.060 Lands to which this chapter applies. This chapter shall apply to all areas of special flood hazards within the jurisdiction of the county. (Ord. 1176 §3.1, 1993)

15.16.070 Basis for establishing the areas of special flood hazards. The areas of special flood hazard are identified by the Federal Emergency Management Agency or the Federal Insurance Administration in a scientific and engineering report entitled "Flood Insurance Study for Trinity County", dated August 16, 1988, as amended on February 16, 1990, and any future revisions, with accompanying Flood Insurance Rate Maps, the U.S. Army Corps of Engineers, San Francisco District, report entitled floodplain Management Services Special Study, Weaverville Streams, Trinity County, California, dated August 1989, with accompanying flood maps and Trinity River aerial photographs dated 1/17/74 and 1/21/74 (Flight-#1, TRP 5 & 6 and Flight #2, TRP 7 & 8, respectively) are hereby adopted by reference and declared to be part of this


chapter. These Flood Insurance Studies are on file at the Trinity County Planning Division, P.O. Box 2490, 303 Trinity Lakes Blvd., Weaverville, CA 96093-2490. These Flood Insurance Studies are the minimum areas of applicability of this chapter and may be supplemented by studies for other areas which allow implementation of this chapter and which are recommended to the board of supervisors by the floodplain administrator. (Ord. 1176 §3.2, 1993)

15.16.080 Compliance—Violation—Penalty. All departments, officials, and public employees of the county, which are vested with the duty or authority to issue permits or licenses, shall conform to the provisions of this chapter and shall issue no such permits or licenses for uses, buildings, or purposes where the same would be in conflict with the provisions of this chapter, and any such permits or licenses, if issued in conflict with the provisions of this chapter, shall be null and void.

A. It shall be the duty of the building inspector to enforce the provisions of this chapter pertaining to the erection, construction, reconstruction, moving, conversion, alteration or addition to any building or structure. It shall be the duty of the sheriff and all officers of the county herein and/or otherwise to enforce this chapter, and all the provisions of the same.

B. Any person, firm or corporation who violates any of the regulatory provisions of this chapter is guilty of an offense punishable as a misdemeanor or infraction. Any person convicted of a misdemeanor shall be punished by a fine of not more than five hundred dollars, or by imprisonment not to exceed six months in the county jail, or by both such fine and imprisonment. Any person convicted of an infraction shall be punished by a fine of not more than two hundred fifty dollars. Each person is guilty of a separate offense for each and every day during any portion of which any violation is committed, continued, or permitted, and shall be punished accordingly.

C. Any building or structure that is set up, erected, constructed, altered, enlarged, converted, moved, or maintained, contrary to the provisions of this chapter, and/or any use of any land, building or premises, established, conducted, operated, or maintained contrary to the provisions of this chapter, or shall be, is hereby declared to be unlawful and a public nuisance, and the district attorney of the county shall, upon order of the board of supervisors, immediately commence action or proceedings for the abatement and removal and enjoinment thereof in the manner provided by law, and shall take such other steps and shall apply to such court or courts as may have jurisdiction, to grant such relief as-will enjoin any person, firm or corporation from setting up, erecting, building, maintaining, or using any such building or structure or using any property contrary to the provision of this chapter.

D. The remedies provided for herein shall be cumulative and not exclusive. (Ord. 1176 §3.3, 1993)

15.16.090 Abrogation and greater restrictions.

A. This chapter is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this chapter and another ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.

B. Specifically, areas of the county zoned "Flood Hazard" pursuant to Section 29.4B of the Trinity County Zoning Ordinance and those areas shown as being within the one-hundred-year floodplain of the Trinity River by the aerial photographs dated 1/17/74 and 1/21/74 (Flight #1 TRP 5 & 6 and Flight #2 TRP 7 & 8, respectively) are ineligible for issuance of a Floodplain Development Permit for construction of a permanent structure pursuant to the provisions of this chapter. (Ord. 1176 §3.4, 1993)

15.16.100 Interpretation. In the interpretation and application of this chapter, all provisions shall be:

A. Considered as minimum requirements;

B. Liberally construed in favor of the governing body ; and

C. Deemed neither to limit nor repeal any other powers granted under state statutes. (Ord. 1176 §3.5, 1993)

15.16.110 Warning and disclaimer of liability. The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by manmade or natural causes. This chapter does not imply that land outside the areas of tho special flood hazards or uses permitted within such areas will be free from flooding or flood damage. This chapter shall not create liability on the part of the county, any officer or employee thereof, the state of California, the Federal Insurance Administration, of the Federal Emergency Management Agency for any flood damages that result from reliance on this chapter or any administrative decision. (Ord. 1176 §3.6, 1993)

ARTICLE II ADMINISTRATION

15.16.120 Requirement of a planning director-issued use permit. A planning director-issued use permit shall be obtained before construction or development begins within any area of special flood hazards established in Section 15.16.070. Application for a planning director-issued use permit shall be made on forms furnished by the floodplain administrator and may include, but not be limited to: plans in duplicate drawn to scale showing the nature, location, dimensions, and elevation of the area in question; existing or proposed structures, fill, storage of materials, drainage facilities; and the location of the foregoing. Specifically, the following information is required:

A. Proposed. elevation in relation to mean sea level, of the lowest floor (including basement) of all structures;

B. Proposed elevation in relation to mean sea level, to which any structure will be floodproofed;

C. All appropriate certifications listed in Section 15.16.140(D); and


D. Description of the extent to which any watercourse will be altered or relocated as a result of proposed development. (Ord. 1176 §4.1, 1993)

15.16.130 Designation of the floodplain administrator. The planning director is appointed to administer and Implement this chapter by granting or denying floodplain development permits in accordance with its provisions. A planning commissioner, county supervisor or the floodplain administrator may at his or her discretion, refer the permit to the planning commission for a public hearing and approval. (Ord. 1176 §4.2, 1993)

15.16.140 Duties and responsibilities of the flood-plain administrator. The duties and responsibilities of the floodplain administrator shall include, but not limited to:

A. Permit Review. Review all development permits to determine that:

1. The permit requirements of this chapter have been satisfied;

2. All other required state and federal permits have been obtained;

3. The site is reasonably safe from flooding;

4. The proposed development does not adversely affect the carrying capacity of the area where base flood elevations have been determined but floodways have not been delineated. For purposes of this chapter, "adversely affects" means that the cumulative effect of the proposed development, where combined with all other existing and anticipated development will not increase the water surface elevation of the base flood more than one foot at any point;

5. The proposed development does not limit the ability to flush sediment out of the Trinity River by the use of controlled water releases from Lewiston Dam;

6. The proposed development does not adversely impact fish or wildlife resources associated with riparian vegetation within an area of special flood hazards.

B. Review and Use of Other Base Flood Data. When base flood elevation data has not been provided in accordance with Section 15.16.070, the floodplain administrator shall obtain, review, and reasonably utilize any base flood elevation and floodway data available from a federal, state or other source, in order to administer Article III. Any such information shall be submitted to the board of super-visors for adoption.

C. Alteration or Relocation of Watercourse. Whenever a watercourse is to be altered or relocated:

1. Notify adjacent communities and the California Department of Water Resources prior to such alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Insurance Administration and Federal Emergency Management Agency;

2. Require that the flood-carrying capacity of the altered or relocated portion of said watercourse is maintained.

D. Public Inspection. Obtain and maintain for public inspection and make available as needed:

1. The certification required in Section 15.16-.160(c)(1), (flood elevations) ;

2. The certification required in Section 15.16-.160 (C) (2) (c), (elevation, or floodproofing, of nonresidential structures);

3. The certification required in Section 15.16.160 (c) (3) (a) or (b), (wet floodproofing standard);

4. The certification required in Section 15.16.180(B), (subdivision standards);

5. The certification required in Section 15.16.200 (A), (floodway encroachments).

E. Interpretation of Boundaries. Make interpretations, where needed, as to the exact location of the boundaries of the area of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions). The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in Article IV.

F. Remedy of Violations. Take action to remedy violations of this chapter as specified in Section 15.16.080. (Ord. 1176 §4.3, 1993)

15.16.150 Environmental review. Floodplain development permits issued pursuant to the provisions of this chapter shall comply with the provisions of the California Environmental Quality Act as set forth in Title 18 of this code. (Ord. 1176 §4.4, 1993)

ARTICLE III. PROVISIONS FOR FLOOD HAZARD REDUCTION

15.16.160 Standards of construction. In all areas of special flood hazards the following standards are required:

A. Anchoring.

1. All new construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy and certified per paragraph (3) of this subsection;

2. All manufactured homes shall meet the anchoring standards of Section 15.16.190;

3. All standards in this subsection and Section 15.16.190(B) shall be certified by a registered professional architect or engineer.

B. Construction Materials and Methods.

1. All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage;


2. All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage;

3. All new construction and substantial improvements shall be constructed with electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding.

C. Elevation and Floodproofing.

1. New construction and substantial improvement of any structure shall have the lowest floor, including basement, elevated not less than one foot above the base flood elevation. Nonresidential structures may meet the standards in paragraph (C)(3) of this section. Upon the completion of the structure, the elevation of the lowest floor, including basement, shall be certified by a registered professional engineer or surveyor to be properly elevated. Such certification, or verification, shall be provided to the floodplain administrator;

2. Nonresidential construction shall be elevated in conformance with paragraph (1) of this section, or together with attendant utility and sanitary facilities:

a. Be floodproofed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water,

b. Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy, and

c. Be certified by a registered professional engineer or architect that the standards of this subsection are satisfied. Such certification shall be provided to the floodplain administrator;

3. Require, for all new construction and substantial improvements, that fully enclosed areas below the lowest floor that are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwater. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or meet or exceed the following minimum criteria:

a. Either a minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided. The bottom of all openings shall be no higher than one foot above grade. Openings may be equipped with screens, louvers, valves, or other coverings, or devices, provided that they permit the automatic entry and exit of floodwaters; or

b. Be certified to comply with a local flood-proofing standard approved by the Federal Insurance Administration.

4. Manufactured homes shall also meet the standards in Section 15.16.190. (Ord. 1176 §5.1, 1993)

15.16.170 Standards for Utilities.

A. All new and replacement water supply and sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood-water into the system and discharge from systems into floodwaters.

B. On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding. (Ord. 1176 §5.2, 1993)

15.16.180 Standards for Subdivisions.

A. All preliminary subdivision proposals shall identify the flood hazard area and the elevation of the base flood.

B. All final subdivision plans will provide the elevation of proposed structure(s) and pads. If the site is filled above the base flood, the final pad elevation shall be certified by a registered professional engineer or surveyor and provided to the floodplain administrator.

C. All subdivision proposals shall be consistent with the need to minimize flood damage.

D. All subdivision proposals shall have public utilities and facilities, such as sewer, gas, electrical and water systems, located and constructed to minimize flood damage.

E. All subdivisions shall provide adequate drainage to reduce exposure to flood hazards. (Ord. 1176 §5.3, 1993)

15.16.190 Standards for manufactured homes. All new and replacement manufactured homes and additions to manufactured homes shall:

A. Be elevated and certified by a registered professional engineer or surveyor so that the lowest floor is at or above the base flood elevation; and

B. Be securely anchored to a foundation system or mobile home support designed to resist flotation, collapse or lateral movement and certified per Section 15.16.160(A)(1) and (A)(3). (Ord. 1176 §5.4, 1993)

15.16.200 Standards for recreational vehicles.

A. All recreational vehicles placed on sites within Zones Al-30, AH, and AE on the county's Flood Insurance Rate Map will either;

1. Be fully licensed and ready for highway use. A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick-disconnect type utilities and security devices, and has no permanently attached additions; or

2. Meet the permit requirements of Section 15.16.120 and the elevation and anchoring requirements for manufactured homes in Section 15.16.190. (Ord. 1176 §5.5., 1993)

ARTICLE IV. VARIANCES

15.16.210 Appeal board.


A. The planning commission shall hear and decide appeals and requests for variances from the requirements of this chapter. Any person dissatisfied with a determination by the planning commission may appeal the matter to the board of supervisors. All appeals are subject to the same administrative procedures set forth in the Trinity County zoning ordinance.

B. The planning commission shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the floodplain administrator in the enforcement or administration of this chapter.

C. In passing upon such applications, the planning commission-shall consider all technical evaluations, all relevant factors and standards specified in other sections of this chapter, and:

1. The danger that materials may be swept onto other lands to the injury of others;

2. The danger to life and property due to flooding or erosion damage;

3. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;

4. The importance of the services provided by the proposed facility to the community;

5. The necessity to the facility of a waterfront location where applicable;

6. The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage;

7. The compatibility of the proposed use with existing and anticipated development;

8. The relationship of the proposed use to the comprehensive plan and floodplain management program for that area;

9. The safety of access to the property in time of flood for ordinary and emergency vehicles;

10. The expected heights, velocity, duration, rate of rise, and sediment transport of the floodwater expected at the site;

11. The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water systems, and streets and

bridges;

12. The impacts on fish and wildlife resources associated with floodplains.

D. Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing the items (c)(1) through (c)(12) of this section have been fully considered. As the lot size increases beyond one-half acre, the technical justification required for issuing the variance increases.

E. Upon consideration of the factors of subsection C of this section and the purposes of this chapter, the planning commission may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter.

F. The floodplain administrator shall maintain the records of all appeal actions and report any variances to the Federal Insurance Administration upon request. (Ord. 1176 §6.1, 1993)

15.16.220 Conditions for variances.

A. Variances may be issued for the reconstruction, rehabilitation or restoration of structures listed in the National Register of Historic Places or the State Inventory of Historic Places, without regard to the procedures set forth in the remainder of this section.

B. Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.

C. Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.

D. Variances shall only be issued upon:

1. A showing of good and sufficient cause;

2. A determination that failure to grant the variance would-result in exceptional hardship to the applicant;

3. A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, nor create nuisances, cause fraud on, or victimization of, the public, or conflict with existing local laws or ordinances.

E. Variances may be issued for new construction and substantial improvements and for other development necessary for the conduct of a functionally dependent use provided that the provisions of subsections A through D of this section are satisfied and that the structure or other development is protected by methods that minimize flood damages during the base flood and create no additional threats to public safety.

F. Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with a lowest floor elevation below the regulatory flood elevation and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation. A copy of the notice shall be recorded by the floodplain administrator in the office of the county recorder and shall be re-corded in a manner so that it appears in the chain of title of the affected parcel of land. (Ord. 1176 §6.2, 1993)

Chapter 15.20

WATER WELLS

Sections:

15.20.010 Title.

15.20.020 Purpose.


15.20.030 Definitions:

15.20.040 Acts prohibited—Permit required.

15.20.050 Permits.

15.20.060 Report of completion.

15.20.070 Inspections.

15.20.080 Standards.

15.20.090 Enforcement.

15.20.100 Violation—Penalties.

15.20.010 Title. This chapter shall be known as the "water well(s) ordinance of the county of Trinity." (Ord. 1119 §1, 1989)

15.20.020 Purpose. It is the purpose of this chapter to regulate the construction, modification or repair, abandonment or destruction of wells in such a manner that the ground water of this county shall not be contaminated or polluted and that water obtained from wells will be suitable for beneficial use and will not jeopardize the health, safety or welfare of the people of this county. (Ord. 1119 §2, 1989)

15.20.030 Definitions. For the purpose of this chapter, certain terms are defined as follows:

A. "Abandoned or abandonment" means a well whose use has been permanently discontinued or which is in such a state of disrepair that no water can be produced. Test holes and exploratory holes shall be considered abandoned twenty-four hours after construction work has been completed unless otherwise approved by the health officer.

B. "Agricultural well" means a water well used to supply water for irrigation or other agricultural purposes including stock wells.

C. "Aquifer" means a formation or group of formations or part of a formation that is water-bearing and which transmits water that will yield water in a usable quantity to supply a well or spring.

D. "Board" means the board of supervisors of the County of Trinity.

E. "Cathodic protection well" means any artificial excavation in an aquifer, or in excess of fifty feet deep, constructed by any method for the purpose of installing equipment or facilities for the protection electrically of metallic quipment in contact with the ground, commonly referred to as cathodic protection.

F. "Community water supply well" means a water well for domestic purposes in systems subject to the Safe Drinking Water Act, Chapter 7 of Part 1 of Division 5 of the California Health and Safety Code (commencing with Section 4010).

G. "Completion" or "completion operation" means any work conducted after artificial excavation to include:

1. Placement of well casing;

2. Gravel packing;

3. Sealing;

4. Casing perforation; or

5. Other technologies used to complete an excavation.

H. "Contamination" means an impairment of the quality of water to degree which creates a hazard, or may create a hazard to the public health through poisoning or through spread of disease.

I. "Department" means the health department of the county of Trinity.

J. "Destruction or destroy" means the complete filling of a well in such a manner that it will not produce water or act as a conduit for the interchange of water, when such interchange will result in deterioration of the quality of water in any water-bearing formations penetrated.

K. "Electrical grounding well" means any artificial excavation in an aquifer or in excess of fifty feet deep constructed by any method of the purpose of establishing an electrical ground.

L. "Health officer" means the health officer of the county of Trinity or a duly authorized representative.

M. "Individual domestic well" means a water well used to supply water for domestic needs of an individual residence or commercial establishment.

N. "Industrial well" means a water well to supply industry on an individual basis.

O. "Modification or repair" means the deepening of a well, reperforation, sealing or replacement of a well casing.

P. "Observation well" means a well used for monitoring or sampling conditions of a water-bearing aquifer, such as water pressure, depth, movement or quality.

Q. "Person" includes special districts formed under the laws of the state of California in addition to the meaning set forth in Trinity County Code Section 1.04.010(J).

R. "Pollution" means an alteration of the quality of water to a degree which unreasonably affects:

1. Such water for beneficial uses; or

2. Facilities which serve such beneficial uses. Pollution may include contamination.

S. "Public nuisance," when applied to a well, means any well which threatens to impair the quality of ground water or otherwise jeopardize the health and safety of the public.

T. "Test or exploratory hole" means an excavation used for determining the nature of underground geological or hydrological conditions, whether by seismic investigation, direct observation, or any other means.

U. "Well" means any artificial excavation constructed by any method for the purpose of extracting water from or injecting water into the underground, or for providing cathodic protection or electrical ground of equipment, or for making tests or


observations of underground conditions, or for any other similar purpose. Wells shall include, but shall not be limited to, community water supply wells, individual domestic wells, industrial wells, agricultural wells, cathodic protection wells, electrical grounding wells, test and exploratory holes and observation wells, as defined herein and other wells of which regulation is necessary to fulfill the purpose of this chapter. "Wells" shall not include:

1. Oil and gas wells or geothermal wells constructed under the jurisdiction of the State Department of Conservation, except those wells converted to use as water wells; or

2. Wells used for the purpose of:

a. Dewatering excavation during construction; or

b. Stabilizing hillsides or earth embankments.

3. The following artificial excavations:

a. Drill holes for soil testing purposes where such holes are less than twenty-five feet in depth;

b. Holes or excavations for soil percolation tests;

c. Drill holes for seismic exploration where such drill holes are less than twenty-five feet in depth;

d. Excavations for drainage percolation ponds or spreading basins;

e. Holes or excavations less than twenty-five feet where surface water is being used; and

4. Spring development.

V. "Well drilling contractor" means a contractor licensed in accordance with the provisions of the Contractors License Law, Chapter 9 of Division 3 of the Business and Professions Code and who must have the specific C-57 license. (Ord. 1136 (part), 1990; Ord. 1119 §3, 1989)

15.20.040 Acts prohibited—Permit required. No person shall, within the county of Trinity, construct, repair, modify or destroy any well unless a written permit has first been obtained from the health officer as provided for in this chapter. In case of emergency affecting life, health, crops or livestock, a licensed contractor may start work immediately but shall notify the department within seventytwo hours by telephone or in person of the work being done. (Ord. 1119 §4, 1989)

15.20.050 Permits.

A. Applications. Applications for permits shall be made to the health officer on forms that include the following:

1. A plot plan indicating the proposed location of the well with respect to the following items within a radius of one hundred feet; (radius of five hundred feet in granitic soils), of the well:

a. Property lines,

b. Sewage disposal systems or works carrying or containing sewage,

c. All intermittent or perennial, natural or artificial water bodies or water courses,

d. Drainage pattern of the property,

e. Existing wells,

f. Access roads,

g. Any agricultural, recreational or commercial entity,

h. Storm drains, and

i. Existing or abandoned mining works;

2. Location of the property, i.e., directions to property, assessor parcel number, township, range and section;

3. Name and license number of the person who will construct the well;

4. Proposed use of well.

The above information is a minimum requirement. When the health officer determines that additional information is needed to assure protection of ground water, the specific information requested shall be provided.

B. Fees. Permit fees may be set forth by resolution adopted by the board at a public hearing.

C. Conditions. Permits shall be issued subject to compliance with the standards provided in this chapter. A permit to be valid must comply with all state and county laws, rules and regulations.

D. Term, Completion of Work. The permittee shall complete work authorized by the permit within one year from the issuance date. The permittee shall notify the health officer in writing upon completion of the work, and work shall not be deemed to have been completed until such written notification has been received.

E. Guarantee of Financial Responsibility. Prior to the issuance of a permit, the contractor shall demonstrate adequate financial responsibility.

F. Prohibitions. No permit shall be issued to any person who is not a licensed well drilling contractor, provided that a permit may be issued to an owner of property who contracts with a licensed well drilling contractor.

G. Appeal Procedure. Any person aggrieved by the refusal of a permit or terms of the permit may request in writing that the matter be heard by the board. If such request is made, the health officer shall schedule the matter for review by the board and shall give not less than ten days' written notice of the time and place thereof to the applicant. At the time and place of the hearing, the board shall allow the applicant and other interested parties an adequate opportunity to present any facts pertinent to the matter at hand. The board may place any person involved in the matter, including the applicant, under oath. The board may, when it deems necessary, continue any hearing by giving notice to the applicant of such action. At the close of hearing, or at any time within ten days thereafter, the board shall order such disposition of the application or permit as it has determined is proper and shall make such disposition known to the applicant. Determinations made by the health department relating directly to the public health, or the California Safe Drinking Water Act, Chapter 7 of Part I of Division 5 of the California Health and Safety Code, may not be overruled or modified by the board.


H. Permits for building and electrical requirements must be obtained from the building department.

I. Onsite inspections by the health officer are required prior to issuing a permit. (Ord. 1136 (part), 1990; Ord. 1119 §5, 1989)

15.20.060 Report of completion.

A. Every person who hereafter digs, bores or drills a water well or cathodic protection well, or who abandons or destroys any such well, or who deepens or reperforates any such well, shall file with the department a report of completion, abandonment or destruction of such well within thirty days after the construction of such well within thirty days after the construction or alteration has been completed. This report is privileged information. (Section 13752, Division 7, California Water Code.) This report shall be made on forms furnished by the department and shall contain such information as the department may require, including but not limited to:

1. Description of the well sufficiently exact to permit location and identification of the well;

2. Detailed log of the well;

3. Description of type of construction;

4. Details of perforation;

5. Static water level, well capacity and draw-down in feet per hour; and

6. Methods used for sealing off surface or contaminated water.

B. All domestic water supply wells shall have a general mineral and bacteriological analysis by a state certified laboratory before being placed into service. In areas where insufficient subsurface information is available, the health officer may require inspection of the well log prior to any completion operation. (Ord. 1119 §6, 1989)

15.20.070 Inspections. All work for which a permit is required shall be subject to inspections by the health officer. It shall be the duty of the permit applicant to cause the work to be accessible and exposed for inspection purposes. (Ord. 1119 §7, 1989)

15.20.080 Standards. Standards for the construction, repair, modification or destruction of wells shall be as set forth in Chapter II of the California Department of Water Resources Bulletin No. 74, "Water Well Standards," state of California, with the following exceptions:

A. The health officer, with the concurrence of the board may adopt rules and regulations more stringent than the above standards.

B. All community water supply wells and individual domestic wells shall be provided with a pipe or other effective means through which chlorine, or other disinfecting agents, may be introduced directly into the well. The pipe, when provided, shall be installed at a height equal to the pump slab or at least six inches above the finished grade, shall be kept sealed, and shall be provided with a threaded or equivalently secure cap. In a well pit, the pipe shall be twelve inches above the floor of the pit. Equivalent protection for excluding contamination from the well shall be provided for subsurface pump discharge installation. If an air relief vent is used it shall terminate downward twelve inches above ground level and be screened and protected against contaminating material entering the vent (16-mesh screen).

C. Every new, repaired or modified community water supply well or domestic water well, after construction, modification or repair, and before being placed into service, shall be thoroughly cleaned of all foreign substance and shall be thoroughly disinfected. Procedures delineated in Appendix C of the aforementioned Department of Water Re-sources Bulletin No. 74, state of California, or equivalent are required. (Ord. 1119 §8, 1989)

15.20.090 Enforcement.

A. Right of Entry. Whenever necessary to make an inspection to enforce any of the pro-visions of this chapter or whenever the health officer has reasonable cause to believe that there exists upon the premise any condition which is unsafe, dangerous or hazardous as defined by this chapter the health officer may meter such premises at all reasonable times to inspect the same or to perform any duty imposed upon the health officer by this chapter, provided that if such premises is occupied, request for entry must first be obtained; and if such premises are unoccupied, a reasonable effort to locate the owner and request entry must be made. If such entry is refused, the health officer shall have recourse to every remedy provided by law to secure entry.

B. Stop Order. In the event a well subject to the provisions of this chapter is being constructed, repaired, modified, destroyed or abandoned contrary to the terms of this chapter, the health officer shall order the work stopped by posting a stop order at the well site. No further work shall be done after the posting of the stop order until such time as the stop order is removed by the health officer.

C. Notice. In the event a well subject to this chapter has been constructed, repaired, modified, destroyed, abandoned or operated contrary to the terms of this chapter or a permit issued for such well pursuant to the terms of this chapter, the health officer may mail written notice to the owner of the land as shown upon the most recent equalized assessment roll or the permittee at the address listed upon the permit. The notice shall state the manner in which the well is in violation, what corrective measures must be taken, the time within which such corrections must be made and that if the land owner or permittee fails to make corrections within the period provided, the corrections may be made by the county and the land owner or permittee shall be liable for the costs thereof.

D. Abatement by County. If the corrections listed in the notice given pursuant to subsection C of this section are not made as required in the notice, the health officer with the approval of the board and after a reasonable opportunity for the


person notified to be heard by the board, may cause the conditions to be abated and cost thereof shall be a charge against the person notified. A person wishing a hearing before the board shall file a notice requesting hearing not more than fifteen days following the date of receipt of notice from the health officer as provided in this chapter. (Ord. 1119 §9, 1989).

15.20.100 Violation—Penalties. Any person who does any work for which a permit is required by this chapter and who fails to apply for and pay the fee for a permit within five working days after notice from the health officer to do so, or who otherwise violates any other provision of this chapter, shall be guilty of a misdemeanor or infraction. (Ord. 1119 §10, 1989).