§ 9-2

Due to the nature of existing or future pits which were or are being used or shall be used for the mining, quarrying or commercial extraction of sand, gravel, rock, aggregate, clay or similar materials, and operations for the mining, quarrying or commercial extraction of sand, gravel, rock, aggregate, clay or similar materials, this article is adopted to safeguard life, limb, property and the public welfare by establishing minimum safety standards for the maintenance of pits and the mining, quarrying or commercial extraction of sand, gravel, rock, aggregate, clay or similar materials within the city and to establish procedures pursuant to which such standards are to be enforced.

(Ord. No. 90-11, § 14, 3-6-90)

Sec. 9-2-3. - Scope.

(a)

Except as otherwise provided in this article, all existing and future pits or operations which are being and shall be or have been used for mining, quarrying or commercial extraction of sand, gravel, rock, aggregate, clay or similar materials within the city shall be maintained and conducted in compliance with the provisions of this article.

(b)

The provisions of this article shall not apply to the following:

(1)

Excavation operations incidental to the development of property in which a specified quantity of material is to be removed to a predetermined elevation so that, upon completion, the site will be left suitable for development, and for which a valid grading permit is in force. However, this exception shall not apply to any such excavation operations which cannot reasonably be completed or are not completed within one year from the date excavation operations are commenced.

(2)

Commercial processing or storage of sand, gravel, rock, aggregate, clay or similar materials where no extraction or excavation operations other than those regulated by a currently valid grading permit are conducted on the site.

(Ord. No. 90-11, § 14, 3-6-90)

Sec. 9-2-4. - Definitions.

All references to this section shall include sections 9-2-5 through 9-2-14. As used in this article, the terms listed in sections 9-2-5 through 9-2-14 shall have the respective meanings set forth in such sections, unless the context clearly indicates otherwise.

(Ord. No. 90-11, § 14, 3-6-90)

Cross reference— Definitions generally, § 1-1-18.

Sec. 9-2-5. - Definitions. (A)

Abandonment means the cessation of mining, quarrying and extraction operations on the site in compliance with the provisions of this article.

(Ord. No. 90-11, § 14, 3-6-90)

Sec. 9-2-6. - Definitions. (C)

Code means the sand, gravel and mineral extraction code of the city.

Commercial extraction operation means the removal or displacement of sand, gravel, rock, aggregate, clay or similar materials conducted for financial gain.

(Ord. No. 90-11, § 14, 3-6-90)

Sec. 9-2-7. - Definitions. (D)

Department means the department of building and safety of the city.

Director means the director of the department of building and safety or his regularly authorized deputy.

(Ord. No. 90-11, § 14, 3-6-90)

Sec. 9-2-8. - Definitions. (E)

Excavation, extraction and extraction operation. See "Commercial extraction operation."

(Ord. No. 90-11, § 14, 3-6-90)

Sec. 9-2-9. - Definitions. (M)

Mining means the process of obtaining sand, gravel, rock, aggregate, clay or similar materials from an open excavation in the earth for financial gain, but not including the removal of minerals extracted by underground methods.

(Ord. No. 90-11, § 14, 3-6-90)

Sec. 9-2-10. - Definitions. (O)

Operator means the person, whether proprietor, lessee or independent contractor, actually in charge and in control of the pit or operation being conducted upon the site.

Owner means a person who owns a site upon which a pit is located or upon which mining, quarrying or commercial extraction operations are being conducted or may be conducted.

(Ord. No. 90-11, § 14, 3-6-90)

Permit means any permit issued pursuant to the provisions of this article, together with the application for the permit, the conditions upon which it was issued, and any plans, specifications, reports and approved modifications pertaining thereto.

Permittee means any person to whom a permit is issued pursuant to the provisions of this article.

Person includes any individual, firm, association, corporation, or joint venture composed of individuals, or any other group or combination acting as a unit.

Pit means any excavation or depression or hole in the ground, natural or artificial, from which sand, gravel, rock, aggregate, clay or similar materials are being or have been dug, mined, extracted or quarried.

(Ord. No. 90-11, § 14, 3-6-90)

Sec. 9-2-12. - Definitions. (Q)

Quarrying means the process of removing or extracting stone, rock or similar materials from an open excavation for financial gain.

(Ord. No. 90-11, § 14, 3-6-90)

Settling basin means an area devoted to the storage of waste residue.

Site means a lot or parcel of land or a series of contiguous or adjacent lots or parcels of land described by a lease or similar document upon which a pit is located or upon which commercial extraction operations are being or may be conducted, and which is covered by a permit.

Slope means the exposed surface of an excavation or fill which forms an incline.

(Ord. No. 90-11, § 14, 3-6-90)

Ultimate right-of-way means the right-of-way shown as ultimate on an adopted precise plan of highway alignment, or a street right-of-way shown within the boundary of a recorded tract map, a recorded parcel map or a recorded PC development plan. The latest adopted or recorded document in such cases shall take precedence. If none of these exist, the ultimate right-of-way shall be considered to be the right-of-way required by the highway classification as shown on the master plan of arterial highways. In all other instances, the ultimate right-of-way shall be considered to be the existing right-of-way in the case of a private street, and the existing right-of-way, but not less than 60 feet, in the case of a public street.

(Ord. No. 90-11, § 14, 3-6-90)

No person shall maintain a pit or commence or perform any operations or activities within the scope of this article without first obtaining the appropriate permits to do so as specified in this section:

(1)

Abandonment permit.

a.

Upon application to the director by the owner or his legally authorized agent, an abandonment permit shall be issued for any pit from which no extraction operations have been conducted since the enactment of this article, provided the pit is found to comply with the provisions of section 9-2-29.

b.

No fee shall be charged for an abandonment permit. The director may waive the sections of this article related to permit procedure as he deems appropriate.

(2)

Extraction permit.

a.

No person shall maintain a pit from which materials have been extracted since the enactment of this article or perform any extraction operations or activities without first obtaining an extraction permit.

b.

An extraction permit may be issued by the director for the maintenance of pits from which no materials have been extracted since the enactment of this article, provided the pit is found to comply with section 9- 2-29 or section 9-2-30 and all other applicable requirements of this article have been met.

(3)

Grading permit for repair of SG site.

a.

Except as provided in section 9-2-22, repair work required in order to bring a pit into compliance with the provisions of section 9-2-29 shall be accomplished only after a grading permit for repair of an SG site has been obtained, and the work shall be performed in compliance with the terms of the permit.

b.

The director may waive the sections of this article related to permit procedure as he deems appropriate.

(Ord. No. 90-11, § 14, 3-6-90)

Sec. 9-2-16. - Permit procedure.

An application for a permit signed by the owner or his legally authorized agent shall be filed with the department of community development upon forms provided by that department. The application shall be accompanied by a description of the site and such fees, plans, reports, and engineering data as are outlined in sections 9-2-17, 9-2-18, and 9-2-21.

(Ord. No. 90-11, § 14, 3-6-90)

Sec. 9-2-17. - Submission of site plans.

(a)

Plans signed by a registered civil engineer or licensed land surveyor shall be submitted by the operator or his authorized agent with an application for a permit.

(b)

Plans of the site shall be drawn to a scale of one inch equals 100 feet, unless otherwise specified by the director.

(c)

The plans shall include but not be limited to the following items:

(1)

Property lines and lease lines, in addition to plans of the site.

(2)

Contours at five-foot intervals, unless otherwise specified by the director.

(3)

Required setbacks.

(4)

Location of all existing and proposed structures, including processing plants and other appurtenant equipment.

(5)

Location of existing and proposed points of ingress and egress, haul roads, driveways and parking areas.

(6)

Location and approximate depth of existing and proposed settling basins, desilting ponds and other bodies of water.

(7)

Method of disposing of drainage.

(8)

The area to be excavated, and typical cross sections of slopes to be formed or modified.

(9)

Location of existing and proposed fencing.

(d)

The director shall have the prerogative of requiring the owner or operator to furnish periodic plans and reports if this is necessary to determine compliance with this article.

(Ord. No. 90-11, § 14, 3-6-90)

Reports and engineering data, prepared by a registered civil engineer or a registered engineering geologist, which are pertinent to the pit or operation shall accompany the application where the operator or permittee proposes to establish setbacks less than or slopes steeper than those specified in sections 9-2-29 and 9- 2-30, or where required pursuant to sections 9-2-29 and 9-2-30 due to close proximity to a watercourse or groundwater.

(Ord. No. 90-11, § 14, 3-6-90)

Sec. 9-2-19. - Compliance with standards.

The permit application, plans, reports and engineering data shall indicate compliance with the standards specified in sections 9-2-29 and 9-2-30.

(Ord. No. 90-11, § 14, 3-6-90)

Sec. 9-2-20. - Site inspections.

(a)

Prior to approval of any plans or the issuance of a permit, the director may inspect the site to determine that the plans, reports or other data are accurate and sufficient.

(b)

The director shall inspect each site regulated by this article at the time of payment of annual fees as required by subsection 9-2-21(b) and at such other times as he deems necessary, for the purpose of

ascertaining whether the operations are being conducted and the site maintained in conformity with the minimum standards of this code and applicable permits.

(c)

Whenever the director determines that the work does not comply with the terms of the permit or requirements of this article, or that the soil or other conditions are not as stated on the permit, he shall notify the permittee of such fact in writing demanding compliance within 30 days from the date of such notice. If the permittee has not, within the stated time, complied with the terms of the permit or requirements of this article, or given reasonable assurances that steps are being taken to comply, the director may order the cessation of all work or any portion thereof, and such work shall cease until the requirements of the permit and of this article have been met.

(Ord. No. 90-11, § 14, 3-6-90)

Sec. 9-2-21. - Fees.

(a)

Plan checking and processing fee. With the submission of an application for a permit, or whenever new plans are required to be submitted for review by the department, a plan checking and processing fee of $50.00 shall be paid by the applicant.

(b)

Permit and inspection fee. An annual fee in the amount specified in this subsection shall be submitted to the department by July 1 of each year to cover the cost of inspection for the subsequent fiscal year, except that the initial fee shall be prorated on the basis of the portion of the fiscal year remaining, with a minimum fee of $100.00. The annual permit and inspection fee shall be computed on the basis of the previous year's production from the site, which the permit shall cover as follows:

(Ord. No. 90-11, § 14, 3-6-90)

Sec. 9-2-22. - Term and expiration of permit.

(a)

Each extraction permit issued for an existing or proposed operation shall continue in effect only as long as none of the provisions of this article are violated and as long as the annual permit fees have been paid.

(b)

The extraction permit shall expire on July 1 unless the annual permit and inspection fees for the subsequent fiscal year have been paid by that date. No operations other than such corrective work as may be designated by the director shall be conducted after such date unless a new permit has been approved by the director. In the case of existing pits, this corrective work shall include compliance with all the provisions of section 9-2-29.

(Ord. No. 90-11, § 14, 3-6-90)

Any extraction permit that has expired or been revoked may be renewed by making application to the department, upon the following conditions:

(1)

The applicant shall submit an application, up-to-date plans, reports and other data as specified by this article or required by the director.

(2)

The site shall be in compliance with all applicable provisions of this article.

(3)

Payment shall be made of the fees required by section 9-2-21.

(Ord. No. 90-11, § 14, 3-6-90)

Sec. 9-2-24. - Revocation of permit.

The director may revoke any permit, in whole or in part, if, after notification and demand as provided in section 9-2-20, the pit or work covered by the permit has been materially extended beyond the limits of the permit, or if any fences or walls or other protective devices required by this article have not been constructed or maintained in good repair, or if other provisions of this article have been violated by the operator, owner or permittee.

(Ord. No. 90-11, § 14, 3-6-90)

Sec. 9-2-25. - Granting of permit not to authorize violation of law.

The issuance, granting or renewal of a permit shall not be deemed or construed to be a permit for or an approval of any violation of the provisions of this article or any other code, and no permit presuming to give authority to violate or cancel the provisions of this article shall be valid except insofar as the work or use which is authorized by the issuance, granting or renewal of the permit is lawful.

(Ord. No. 90-11, § 14, 3-6-90)

Sec. 9-2-26. - Conformity to plans.

Upon issuance of a permit, the plans submitted by the applicant shall be approved and so stamped by the department. The pit and all work pertinent thereto shall be maintained in conformity with the approved plans unless authorization to modify the pit or operation is obtained from the director and the plans and records are so changed and noted.

(Ord. No. 90-11, § 14, 3-6-90)

Sec. 9-2-27. - Bonds.

A corporate surety bond in the form and amount specified in this section shall be submitted by each applicant for a permit to perform any mining, quarrying or commercial extraction of rock, sand, gravel, aggregate, clay or similar products on private property in the city.

(1)

Every bond shall be executed by the operator for the faithful performance of the work to be undertaken and by a corporate surety insurer authorized to do business in this state as surety, or, in lieu thereof, a written agreement for such performance shall be submitted accompanied by a deposit in cash or such other financial security as shall be approved by the director and city attorney.

(2)

Every bond shall be in a form approved by the city attorney.

(3)

Every bond or agreement in lieu thereof shall be conditioned that the operator shall faithfully comply with all provisions of this article until the site is properly abandoned in conformity with the provisions of sections 9- 2-28 and 9-2-29.

(4)

The bond or agreement in lieu thereof shall secure the city against all costs, charges and expenses caused by the failure of the principal to fully comply with the provisions of this article.

(5)

The bond or other security shall be in the amount of $10,000.00, except that one operator or company may post a blanket bond in the sum of $40,000.00 to cover all operations of that company in the city.

(6)

Whenever the director finds that a default has occurred in the performance of any requirement of this article, written notice as provided in section 9-2-20 shall be given to the principal and surety on the bond, or depositor, as the case may be. Such notice shall specify the default and demand correction within 30 days, or such longer time as the director may allow, on penalty of forfeiture of the reasonable costs of

making the necessary corrections by the city. The director shall proceed by such mode as he deems convenient to cause the required work to be performed and completed.

(7)

Any bond issued in compliance with this section shall be exonerated and the surety relieved of all obligations thereunder when the director certifies that the site has been abandoned in conformity with all regulations of this article.

(8)

A substitute bond may be filed in lieu of any bond on file under this section, and the director shall accept and file the substitute bond if it is qualified and in proper form and substance and the bond for which it is substituted shall be exonerated, but only if the director finds that no default exists as to performance upon which the bond is conditioned, to date of substitution.

(Ord. No. 90-11, § 14, 3-6-90)

Sec. 9-2-28. - Abandonment.

(a)

Whenever a pit or excavation operation is to be abandoned, the operator shall notify the director in writing of his intention to abandon the pit or operation at least 30 days prior to such abandonment.

(b)

The director shall inspect the site prior to the date of proposed abandonment and notify the operator of what protective devices or structures and what corrective measures are or may be necessary for the protection of adjacent properties and the general public as specified in section 9-2-29. The director shall also notify the property owner and the operator what assurance, if any, he requires for the continued maintenance of protective devices and future correction of possible unsafe conditions as may occur.

(c)

Within 30 days after the abandonment of the pit or operation, the director shall again inspect the site for compliance with section 9-2-29 and notify both the property owner and the operator of his findings.

(d)

Whenever the director determines that the site has been abandoned in accordance with the provisions of section 9-2-29, he shall so note on the permit.

(Ord. No. 90-11, § 14, 3-6-90)

Each pit not currently in use for commercial extraction operations shall be maintained in accordance with the following minimum standards:

(1)

Setback and slopes.

a.

The finished perimeter slope shall not be steeper than 1½ feet horizontal to one foot vertical projecting into the pit from a 50-foot setback adjacent to the perimeter of the property.

b.

In addition, where the director determines there is a possibility of potentially hazardous seepage or flow into a pit from a flood control channel, reservoir, conservation or flood-retarding basin or natural watercourse, he shall establish the setback and slope requirements based on the preservation of the integrity of the existing flood control channel, reservoir, conservation or flood-retarding basin or natural watercourse, so that the subject property shall continue to receive and carry off waters in a manner equal to that experienced prior to any excavation. Setback requirements imposed under this subsection may exceed the 50-foot requirement set forth in this section, in the discretion of the director, but such setbacks may not be less than 50 feet as set forth in subsection (1)a. of this section. Slope requirements may be greater or less than that set forth in subsection (1)a. of this section, in the discretion of the director. The applicant may be required to furnish reports and engineering data, as set forth in section 9-2-18, to justify the setback and slope requirement requested in such a case. The director may require such reports in any case.

c.

Where the director determines that the pit extends below or in the future may extend below groundwater elevations, the slopes shall not be steeper than the safe values as determined by the director, based on the reports described in section 9-2-18, which reports may be required by the director in such a case.

These requirements may be modified by the director in cases where safety conditions and engineering and geological data submitted to the director for approval indicate that a less restrictive setback or slope may be permitted.

(2)

Diversion of watercourse. No pit shall be maintained in or adjacent to the floodplain of any watercourse which by reason of the excavation's shape, location, berm elevations or area, in the opinion of the director, is likely to produce a diversion of the natural watercourse away from the pit and outside the natural watercourse if flow from the watercourse enters the excavation.

(3)

Drainage. Adequate provision for conveyance of water across and from the site and for longterm retention of water shall be accomplished so as to minimize potential dangers from landslide and erosion.

(4)

Fencing.

a.

Other than in cases where data is submitted to the director for approval and which data indicate to the director that no safety hazards exist, a fence shall be constructed enclosing the area of each existing pit. The fence shall be of steel, chain link type, and a minimum of six feet in height above the existing grade of property outside the fenced area. The bottom of the fence shall conform to the ground surface so as to prevent any opening between it and the ground surface exceeding four inches.

b.

Gates of the same material and height as the fence shall be installed at all points of vehicular or pedestrian ingress and egress. The gates shall be equipped with keyed locks and shall be kept locked at all times when not in regular use. The fence, gates and locks shall be maintained in good condition and repair.

(5)

Correction and repair of protective devices. Whenever the director determines that maintenance of protective devices or structures or the correction of potentially unsafe conditions may be necessary for the protection of adjacent properties and the general public, he shall notify in writing the owner or other responsible person, who shall take such corrective action as necessary and shall post a surety bond or other financial security in an amount sufficient to ensure the continued maintenance of the protective devices for such potentially unsafe conditions. A grading permit will be required for any repair work. The fees for such permit shall be as specified by the grading code of the city unless such fees are waived by the director.

(Ord. No. 90-11, § 14, 3-6-90)

The mining, quarrying and commercial extraction of sand, gravel, rock, aggregate, clay or similar products shall be performed in accordance with the following minimum standards:

(1)

Setbacks.

a.

No excavation activities shall be carried on within 50 feet of:

1.

The common property line of any parcel of land not used for the same purpose.

2.

The ultimate right-of-way of any public street, either existing or whose precise alignment has been adopted by the city council.

b.

In addition, where the director determines there is a possibility of potentially hazardous seepage or flow into a pit from a flood control channel, reservoir, conservation or flood-retarding basin or natural watercourse, he shall establish the setback requirements based on the preservation of the integrity of the existing flood control channel, reservoir, conservation or flood-retarding basin or natural watercourse, so that the subject property shall continue to receive and carry off waters in a manner equal to that experienced prior to any excavation.

c.

Setback requirements imposed under this section may exceed the 50-foot requirement set forth in this section, in the discretion of the director, but such setbacks may not be less than 50 feet, as set forth in subsection (1)a. of this section. The applicant may be required to furnish reports and engineering data, as set forth in section 9-2-18, to justify the setback requirement requested in such a case. The director may require such reports in any case.

(2)

Slopes.

a.

Where the director determines there is a potentially hazardous seepage into a pit from a flood channel, reservoir, conservation or flood-retarding basin or natural watercourse, or where the director determines that the pit extends below or in the future may extend below groundwater elevations, the finished perimeter slope shall not be steeper than 2½ feet horizontal to one foot vertical, except as provided in subsection (2)c. of this section.

b.

The finished perimeter slope shall not be steeper than 1½ feet horizontal to one foot vertical projecting into the pit from the required setback line adjacent to the perimeter of the property.

c.

Subsections (2)a. and b. of this section notwithstanding, the slope requirement may be modified by the director in cases where the director determines that the proposed excavation operations present a potential hazard to adjacent property, or where other safety conditions and engineering or geological data, as described in section 9-2-18, submitted to the director for approval, or as may be required by him, indicate that less restrictive slopes may be permitted or more restrictive slopes may be required.

(3)

Diversion of watercourse. No excavation shall be made or pit maintained in or adjacent to the floodplain of any watercourse which by reason of the excavation's shape, location, berm elevations or area, in the opinion of the director, is likely to produce a diversion of a natural watercourse away from the pit and outside the natural watercourse if flow from the watercourse enters the excavation.

(4)

Drainage. Adequate provisions for conveyance of water across and from the site and for longterm retention of water shall be accomplished in a manner meeting the approval of the director so as to minimize potential dangers from landslide and erosion.

(5)

Fencing. Prior to the commencement or continuation of any excavation or extraction operations or the construction or use of any settling basin, a fence shall be constructed enclosing the area of the proposed or existing excavation or settling basin, or the entire site, other than in cases where data are submitted to the director for approval and which data indicate to the director that no substantial safety hazards exist. The fence shall be of a steel, chainlink type, and a minimum of six feet in height above the existing grade of property outside the fenced area. The bottom of the fence shall conform to the ground surface so as to prevent any opening between it and the ground surface exceeding four inches. Gates of the same material and height as the fence shall be installed at all points of vehicular or pedestrian ingress and egress. The gates shall be equipped with keyed locks and shall be kept locked at all times when not in regular use. The fence, gates and locks shall be maintained in good condition and repair.

(6)

Boundary markers.

a.

The site shall be surveyed by a registered civil engineer or licensed surveyor and shall be defined by a series of poles (2½-inch pipe) six feet in height measured from the ground level and painted a bright color, which shall be installed and maintained at each change of direction and along the entire length of the subject site in such a manner that an individual standing at one such pole can clearly see the next pole in either direction.

b.

For good cause shown, the director may waive or modify this requirement for any extraction operations that are proposed to result in finished elevations that are not below the average natural ground elevations at the perimeter of the site, or for any extraction operations proposed to be located more than 1,000 feet from any property lines.

(7)

Posting of signs. Within 90 days after a permit has been issued pursuant to the provisions of this article, the outer boundaries of the site shall be continuously posted with signs not less than 500 feet apart and at each change of direction of the boundary line in such a manner as will reasonably give notice to passersby of matters contained in such notice, stating in letters not less than four inches in height: "PUBLIC NOTICE" and stating the following in letters not less than one inch in height:

"THIS PROPERTY MAY BE USED FOR THE MINING, QUARRYING OR COMMERCIAL EXTRACTION OF SAND, GRAVEL, ROCK, AGGREGATE, CLAY AND SIMILAR MATERIALS SUBJECT TO PERMITS WHICH HAVE BEEN ISSUED BY THE DIRECTOR OF BUILDING AND SAFETY, CITY OF LAGUNA NIGUEL."

The signs shall be of wood or metal and shall be maintained in legible condition at all times. Signs posted in compliance with the SG district regulations of the zoning code shall be considered as satisfying this section. The director may waive this requirement for good cause shown.

(8)

Ingress, egress and traffic safety.

a.

Roads providing vehicular access to public highways which are used for transporting materials shall be located only at points designated on plans as approved by the city road department. Adequate sight distance shall be maintained for traffic safety and a distance of not less than 80 feet from the intersection of the drive or access road with the right-of-way line of the public highway shall be paved for a width of not less than 12 feet.

b.

In addition, that portion of the access road lying between the right-of-way line and the existing pavement of the public highway shall be constructed in accordance with the terms of an encroachment permit issued by the road department, or, in the case of state highways, issued by the state division of highways.

(Ord. No. 90-11, § 14, 3-6-90)

Sec. 9-2-31. - Responsibility for compliance.

(a)

The permittee, operator, property owner and their authorized agents, and any other person in control of the property, individually and collectively, are responsible for the observation of and compliance with all the provisions of this article. Such responsibility shall include the correction of any unsafe condition and the construction and continued maintenance of all fences and other protective devices required by this article or as deemed necessary by the director to protect the general public and adjacent properties.

(b)

In case the owner or other responsible person shall fail, neglect or refuse to perform the required corrections, maintenance or repairs within the time specified in section 9-2-20 after being notified in writing to do so by the director, the director shall cause the required corrections, repairs or maintenance to be done, and the cost thereof shall be a charge and expense against the owner and the land.

(Ord. No. 90-11, § 14, 3-6-90)

(a)

It shall be the duty of the director to enforce the provisions of this article. If at any time the director finds that any owner, permittee or operator is violating any of the provisions of the article, he may order compliance in the manner provided in section 9-2-20. If compliance does not proceed, the director may, at

the end of 30 days, or, in the absence of reasonable assurance given as provided in section 9-2-20, order immediate cessation of operations.

(b)

If, in the opinion of the director, an immediate and substantial hazard exists to adjacent property or the general public, the director may order immediate cessation of that portion of the operation which may contribute to such a hazard within the 30-day period provided in section 9-2-20, which cessation shall continue until correction of the hazardous condition.

(Ord. No. 90-11, § 14, 3-6-90)

Sec. 9-2-33. - Penalty.

Any person in violation of any of the provisions of this article shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not more than $500.00 or by imprisonment in the city jail for a period of not more than six months, or by both such fine and imprisonment. Each such person shall be deemed guilty of a separate offense for each day or portion thereof during which any violation of any of the provisions of this article is committed, continued or permitted by such person, and shall be punishable therefor as provided in this section.

(Ord. No. 90-11, § 14, 3-6-90)

Sec. 9-2-34. - Right of appeal.

(a)

The operator, permittee or owner shall have the right to appeal determinations of the director under this article within 14 days of any such determination to the grading board of appeals as defined by the grading code of the city, by filing a written request with the director specifically outlining which determinations are being appealed. The operator, permittee or owner may present such evidence as he deems necessary to support his appeal.

(b)

The decisions of the grading board of appeals relating to subsections 9-2-29(1), (2) and (3) and subsections 9-2-30(1), (2), (3) and (4) shall be final. All other determinations of this body may be appealed to the city council within 14 days of the decision of the grading board of appeals.

(Ord. No. 90-11, § 14, 3-6-90)

Division 3 - UNDERGROUND UTILITY DISTRICTS Article 1. General Provisions, §§ 9-3-1—9-3-13

ARTICLE 1. - GENERAL PROVISIONS

Sec. 9-3-1. - Definitions.

For purposes of this article, the following words and terms shall have the meaning designated in this section:

Commission means the public utilities commission of the state.

Director means the director of community development of the city.

Person includes but is not limited to individuals, firms, corporations and partnerships, and their agents and employees.

Poles, overhead wires and associated overhead structures means poles, towers, supporters, wires, conductors, cables, guys, stubs, platforms, crossarms, braces, transformers, insulators, cutouts, switches, communications circuits, appliances, attachments and appurtenances located above ground within a district and used or useful in supplying electric, communication, community antenna television or a similar or associated service.

Underground utility district or district means that area within the city within which poles, overhead wires and associated overhead structures are prohibited, as such area is described in a resolution adopted pursuant to the provisions of section 9-3-4.

Utility includes all persons supplying electric, communication, community antenna television or a similar or associated service.

(Ord. No. 90-11, § 15, 3-6-90)

Cross reference— Definitions generally, § 1-1-18.

Sec. 9-3-2. - Public hearing.

The city council may from time to time call public hearings to ascertain whether the public health, safety or welfare requires the removal of poles, overhead wires and associated overhead structures within designated areas of the city and the underground installation of wires and facilities for supplying electric, communication, community antenna television or similar or associated service. The city clerk shall notify all affected property owners, as shown on the last equalized assessment roll, and all utilities concerned, by mail, postage prepaid, of the time and place of such hearings, at least ten days prior to the date thereof. Each such hearing shall be open to the public and may be continued from time to time. At each such hearing, all persons interested shall be given an opportunity to be heard.

(Ord. No. 90-11, § 15, 3-6-90)

Sec. 9-3-3. - Report by director of community development.

Prior to holding such public hearing, the director of community development or his representative shall consult with all affected utilities and shall prepare a report for submission at such hearing, containing, among other information, the extent of such utilities' participation and estimates of the total costs to the city and affected property owners. Such report shall also contain an estimate of the time required to complete such underground installation and removal of overhead facilities.

(Ord. No. 90-11, § 15, 3-6-90)