HomeMy WebLinkAboutDIV IV) CH 1 General Provisions: Section 70 - Prohibited Activities: Definitions70-1 Adopted 02/03/2010
ARTICLE IV PROHIBITED ACTIVITIES; REMEDIES AND ENFORCEMENT
Statement of purpose; Findings. Under existing law, state
and local agencies engage in water resource planning, protection
and conservation. This Article condenses and clarifies the
enforcement mechanisms for violations of this Code of Ordinance
and the activities that are prohibited in connection with the
District’s services, property, facilities and systems.
The Board of Directors finds that the enforcement of this
Code and the protection of the District’s property and
facilities is an important public service and is vital to the
protection of the public’s health, safety and quality of life.
The procedures herein are in addition to any other procedures or
legal remedies available to the District.
No limitation on Authority. The Board of Directors has
determined that there is a need to use a combination of
administrative and other remedies to gain compliance. This
Article is not intended, nor shall it be interpreted, to limit
or amend any discretionary power or right of the District under
any other provision of this Code, federal, state or local law,
policy or practice.
CHAPTER 1 GENERAL PROVISIONS
SECTION 70 DEFINITIONS
70.01 REFERENCE TO ARTICLE
This Article of the Code of Ordinances shall be known as
the “Prohibited Activities, Remedies and Enforcement Article”
and is sometimes referred to as the “prohibited activities” or
“enforcement” provisions.
70.02 DEFINITIONS
As used in this Article, the following words have the
meaning set forth below:
“Assessor’s office” means the office of the San Diego
County Assessor/Recorder/County Clerk or any successor office
established by the County of San Diego to maintain records of
parcel ownership.
“Benefiting” means to receive or use a service on a parcel
owned, used, leased, developed or occupied by or for the person
to whom the benefit is imputed.
“Damages” or “actual damages” means any cost or expense
(including staff time, inspection, testing, permitting,
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attorneys fees and other consultant fees and costs) incurred by
the District in connection with a violation, including without
limitation costs or expenses relating to: investigating the
violation; redesigning, removing, repairing or replacing any
facilities or systems; removing, destroying and disposing of any
equipment or material used for the violation; cleaning-up any
resulting pollution or contamination; completing and filing
appropriate reports and notices; payment of penalties, fees,
damages, fines or other amounts charged by any governmental or
regulatory agency, and any related costs including litigation or
settlement of any action against the District.
“District facilities” or “District systems” or “system”
means and refers to any and all pipelines, reservoirs and
appurtenant facilities comprising the District’s potable water
system, sewer system, recycled water system, laboratories,
offices, pumps, equipment and engines.
“District property” means rights-of-way, easements, real
property owned in fee simple, occupied or leased by the
District, licenses, fixed and mobile equipment owned, occupied
or operated by the District, and all District facilities.
“District service” or “service” means the furnishing of
water, sewer, fire protection, recycled water or any other
service the District provides to its customers.
“Divert” means to change, alter, or affect the course or
path of any District service.
“Parcel” means any real property located within the
District.
“Re-connection” means the commencement of service to a
customer or other person after such service has been reduced,
suspended or terminated.
“Reduction of service” means installing a device that
limits the flow of water or availability of service to a parcel,
person or location to a minimum amount required by law or
determined by the District.
“Recycled water system” means the recycled water system
operated by the District under applicable law, including
applicable provisions of this Code, the California Water Code,
commencing with Section 13520, the California Code of
Regulations, Title 17, Division 1 and Title 22, and Water Agency
Standards.
“Responsible party” means a person receiving or benefiting
from service or any person who violates any provision of this
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Code or engages in a prohibited activity. Responsible party
also means the owner or manager of a parcel, business or
property benefiting from any service.
“Suspension of service” means installing a lock temporarily
on the meter.
“Tamper” or “tampering” means to activate, injure, damage,
block, interfere with, rearrange, contaminate, pollute, or in
any form altering any District service, property or system
without express consent of the District.
“Tenant” means a person or business lawfully occupying,
controlling or using a parcel owned by another person.
“Termination of service” means removing the meter or
disconnecting service facilities.
“Unauthorized connections” means connecting or reconnecting
to, diverting, using or benefiting from, any District service
without the prior written consent of the District or without
compliance with the conditions of any such consent.
“Vandalizing” means to deface, discolor, graffiti, paint,
trash, invade, damage, disable, shut off or destroy any portion
of any District service, facilities or property.
“Violation” means any failure to comply with any provision
of this Code; or engaging in any prohibited activity with
respect to District services, facilities, property, or rights-
of-way. Each day during which a violation commences or
continues shall constitute a separate violation.
“Willful violation” means repeating or continuing a
violation after notice; or any first time violation relating to
a voluntary, knowing and purposeful act or omission.