Article VII — MISCELLANEOUS PROVISIONS

SEC. 25-80. APPEALS.

(A) The applicant, city staff, or any interested party may appeal to the city council any decision approving or denying a surface mining permit, modification of a surface mining permit, a reclamation plan, financial assurances or an interim management plan. No appeal shall be processed unless filed in accordance with this section.

(B) An appeal shall be made by filing a notice of appeal with the director within the time permitted by section16-455 of the code. The notice shall state all of the grounds for the appeal. Upon receipt of a timely appeal, the director shall transmit to the city clerk the notice of appeal and all other documents constituting the record upon which the decision was made.

(C) An appeal shall be accompanied by a fee established by resolution of the city council to cover the cost of processing the appeal.

(D) The effectiveness of any decision approving or denying a surface mining permit, modification of a surface mining permit, a reclamation plan, financial assurances or an interim management plan shall be stayed during the appeal period set forth in this section and the pendency of any appeal.

(E) Within the time permitted by section 16-456(A), the city council shall conduct a public hearing on the appeal. The city council shall adopt a resolution affirming, reversing or modifying the decision being appealed.

(Ord. No. 2579)

SEC. 25-81. ANNUAL OPERATIONS REPORT.

The owner or operator shall file with the department an annual operations report as required by Cal. Pub. Res. Code, Section 2207(b).

(Ord. No. 2579)

SEC. 25-82. INSPECTION.

(A) The director shall arrange for inspection of a surface mining operation within six months of receipt of the annual operations report required by this chapter in order to determine whether the surface mining operation is in compliance with the provisions of this chapter and State regulations. In no event shall less than one inspection be conducted in any calendar year. The director may cause such inspections to be conducted by a State-registered geologist, State-registered civil engineer, State- licensed landscape architect, or State-registered forester, who is experienced in land reclamation and who has not been employed by the mining operation in any capacity during the previous 12 months.

(B) All inspections shall be conducted using the form provided by the State.

(C) The operator shall be solely responsible for the reasonable cost of the inspection.

(D) The director shall notify the State Department of Conservation within 30 days of completion of the inspection that the inspection has been conducted. The notice shall contain a statement regarding the surface mining operation's compliance with the SMARA, shall include a copy of the completed inspection form, and shall specify which aspects of the surface mining operation, if any, are inconsistent with that statute. If the operator has a review of its reclamation plan, financial assurances, or an interim management plan pending before the State Department of Conservation or the commission, the notice shall so indicate. The director shall forward to the operator a copy of the notice, a copy of the completed inspection form, and any supporting documentation, including, but not limited to, any inspection report prepared by the geologist, civil engineer, landscape architect, or forester.

(Ord. No. 2579)

SEC. 25-83. ABANDONMENT.

Unless review of an interim management plan is pending before the commission, or an appeal is pending before the city council, a surface mining operation that remains idle for over one year after becoming idle without the approval of an interim management plan shall be deemed abandoned. The owner of a surface mining operation that has been deemed abandoned pursuant to this section shall commence and complete reclamation in accordance with the approved reclamation plan.

(Ord. No. 2579)

SEC. 25-84. NOTICE OF CHANGE OF ADDRESS.

Every operator shall notify the director of each change of address. Notice shall be given no more than seven days after the change is effective and shall be given on a form provided by the director.

(Ord. No. 2579)

SEC. 25-85. NOTICE OF CHANGE OF OWNERSHIP OF PROPERTY.

Any person who owns real property on which a surface mining operation is being conducted or for which a surface mining permit has been issued shall file a certified report with the department within 30 days of encumbering, selling, transferring or conveying the property or part thereof or permitting the property or part thereof to be encumbered, sold, transferred or conveyed. The report shall be made on a form provided by the director. Within five business days of its receipt, the director shall transmit a copy of the report to the State Department of Conservation and shall file a copy with the county clerk.

(Ord. No. 2579)

SEC. 25-86. ANNUAL UPDATE REPORT.

By July 1 of each year, for each active and idle surface mining operation, the director shall submit to the State Department of Conservation either of the following a copy of any amendments to the surface mining permit and reclamation plan for such operation or a statement that there have been no amendments during the previous year.

(Ord. No. 2579)

SEC. 25-87. REGULATIONS NONEXCLUSIVE.

The provisions of this chapter are not intended to be exclusive and compliance therewith shall not excuse noncompliance with any other applicable provisions of the code or other law.

(Ord. No. 2579)

SEC. 25-88. FAILURE TO COMPLY.

(A) Upon determining that a surface mining operation is not in compliance with SMARA, the SMARA Regulations, this chapter or other applicable law, the director may notify the operator of the violation by personal service or certified mail.

(B) If the violation extends beyond 30 days after the notification given pursuant to subsection (A), the director may issue an order by personal service or certified mail requiring compliance; provided, however, that such order may require cessation of further mining activities if the operator does not have an approved reclamation plan or financial assurances. The order shall specify the violations, a time for compliance and shall set a date for a hearing before the commission. In setting a compliance date, the director shall take into account the seriousness of the violation and any good faith efforts to comply made by the operator. The date of the commission hearing shall not be sooner than 30 days after the date of the order. The order shall not take effect until the operator has been provided a hearing before the commission.

(C) (1) The director may impose an administrative penalty of not more than $5,000 per day on any operator that violates or fails to comply with an order issued under subsection (B) after the order's effective date. Such penalty shall be imposed by means of an order to the operator that is served by personal service or certified mail. The penalty shall be assessed from the original date of noncompliance. In determining the amount of the administrative penalty, the director shall consider the following factors:

(a) The nature, circumstances, extent and gravity of the violation;

(b) Any prior history of violations;

(c) The degree of culpability;

(d) Any economic savings resulting from the violation; and

(e) Any other matters justice may require.

(2) Administrative penalty orders shall be effective upon issuance. The operator shall make payment for an administrative penalty within 30 days unless a petition

for review has been filed pursuant to subsection (D).

(D) Within 30 days of the issuance an administrative penalty order pursuant to subsection (C), the operator may petition the city council for review of the order. The operator shall be notified by personal service or certified mail whether the city council will review the order setting administrative penalties. The city council may affirm, modify, or set aside, in whole or in part, any order setting administrative penalties. The decision of the city council shall be by resolution, shall be effective upon issuance and shall be served on the operator by personal service or certified mail. The operator shall make payment for the administrative penalty ordered by the city council within 30 days of service of the order.

(E) Any operator aggrieved by decision of the city council pursuant to subsection (D) may obtain judicial review in accordance with Cal. Pub. Res. Code, Section 2774.2(e). Payment of the administrative penalty shall be held in an interest bearing impound account pending the resolution of a duly filed petition for judicial review.

(Ord. No. 2579)

CHAPTER 26: OXNARD PERMIT SIMPLICITY ACT

ARTICLE I. GENERAL PROVISIONS

26-1. Title

26-2. Definitions

26-3. Interpretation