Redondo Beach Municipal Code Art. 1 Drilling, Construction, Maintenance, and Operation

The provisions of this chapter shall apply to all oil well sites in the City. No person shall own, operate, or have possession or control of any oil well site or conduct or permit any oil well operation on an oil well site except in conformance with the provisions of this article.

(§ 1, Ord. 2011 c.s., eff. January 21, 1970)

For the purposes of this chapter, "oil well site" shall mean that portion of any lot or parcel of land on which is located any oil well, crude oil storage tank, separator tank, oil heater, meter, meter run, valve, pipeline appurtenance, oil well rod, pipe or casing, casing, or other facility for the production of oil, gas, or other hydrocarbon substances. However, if any lot or parcel of land smaller than 10,000 square feet in area has any of the aforementioned facilities for the production of oil, gas, or other hydrocarbon substances, the entire lot or parcel shall be defined an "oil well site".

No commercial refining process for the extraction of products from natural gas or crude oil shall be carried on at any oil well site.

(§ 1, Ord. 2011 c.s., eff. January 21, 1970)

Upon obtaining the necessary permits required by the laws of the City, and during such time as such permits are kept in full force and effect and each and all of the terms and conditions of such permits and the laws of the City applicable thereto are complied with, the permittee may drill, operate, and maintain a well or well hole and erect, operate, and maintain the necessary derrick and production equipment for the drilling, production, operation, and maintenance of such well.

(a) All drilling and production operations shall conform to the Uniform Fire Code adopted by the City and all applicable fire and safety regulations.

(b) First aid fire control shall be provided in accordance with the provisions of Sections 15.221 and 15.1011 of the Uniform Fire Code and any amendments thereto as adopted by the City.

(c) Smoking shall be permitted only in accordance with the provisions of Section 15.1008 of the Uniform Fire Code and any amendments thereto as adopted by the City.

(§ 1, Ord. 2011 c.s., eff. January 21, 1970)

Oil wells shall be located in accordance with the provisions of Section 15.1002 of the Uniform Fire Code and any amendments thereto as adopted by the City.

(§ 1, Ord. 2011 c.s., eff. January 21, 1970)

Either an internal combustion engine or electrical equipment may be used in the drilling operations of a well. If an internal combustion engine is used, mufflers shall be installed so as to reduce noise to a minimum. All tools, pipes, and other equipment used in connection with any drilling or production operations shall be screened from view. All drilling operations shall be conducted or carried on behind a solid fence which shall be maintained in good condition at all times and be painted or stained so as to render such fence as unobtrusive as practicable. Upon completion of drilling operations, all pumping units shall be operated by either electrical or hydraulic means. All existing pumping equipment, whether for the extraction, heating, or shipment of hydrocarbon substances, shall be accomplished with either electrical or hydraulic means by July 1, 1970.

(§ 1, Ord. 2011 c.s., eff. January 21, 1970)

During the drilling operations of any wall, the following equipment shall be provided:

(a) A drilling or master gate for closing the well in completely when the drill pipe is out of the hole;

(b) A ram type gate or packing head assembly for closing the well in with the drill pipe or kelly in the hole;

(c) In addition to the manual controls for closing the blind rams and the pipe rams, there shall be an approved type hydraulic closing system to activate both blind rams and pipe rams. There shall be two points of control for the hydraulic shutoff system, one to be located in an easily accessible place immediately adjacent to the driller's platform where he can reach it in case of emergency; the second shutoff shall be located in an easily accessible place, but no closer than fifty (50′) feet to the nearest point of the derrick floor;

(d) A high pressure gate for closing in the mud flow line when the packing head assembly is being used;

(e) A high pressure mud fill-up line, with a high pressure gate, into the casing below the blowout preventer;

(f) All master gates and ram type gates mounted on the casing shall have controls extending beyond the derrick floor;

(g) All fittings shall be of sufficient strength to withstand one and one-half (1 1/2) times the "top hole shut in pressure" of the well;

(h) A minimum of one-hour fire protection shall be maintained between the manual control wheels and the well hole. Such protection shall extend overhead and on both sides to a minimum of four (4′) feet. All manual control valves shall be in an easily accessible place;

(i) Any time during the drilling operation when the tools are out of the hole, the blowout prevention valve shall be closed; and

(j) All fuel lines shall have shutoffs immediately adjacent to the derrick and a second shutoff a minimum of 100 feet or at a distance approved by the Fire Chief.

(§ 1, Ord. 2011 c.s., eff. January 21, 1970)

Portable metal tanks shall be used for the storage, mixing, or circulating of all drilling fluids, mud, oil, chemicals, or water used in drilling or production operations and, within 30 days of the completion of any well, shall be removed from the premises and the area restored to a clean condition. No earthen sumps or pits shall be used at any time for any purpose except that a small pit or hole may be used for cuttings coming from the well. This shall comply with all the safety rules and regulations and other provisions of this article.

(§ 1, Ord. 2011 c.s., eff. January 21, 1970)

It is unlawful to erect any wooden derrick for use as any part of the equipment for the purpose of drilling or operating an oil or gas well.

(§ 1, Ord. 2011 c.s., eff. January 21, 1970)

All derricks shall be constructed of noncombustible material; provided, however, derrick floors, double board, fourable board, pipe racks, sills, postings, walkways, mud ditches, bull wheels, calf wheels, and bank wheels may be of wooden construction. Derricks used with the drilling of the well shall be enclosed with fire-resistant and soundproof materials; provided, however, the City Manager may revise this provision if the derrick is more than 500 feet from any residence and operated in such a manner as not to constitute a noise or other nuisance. All portable masts shall meet the requirements of the American Petroleum Institute Standard 4-D, latest edition, a copy of which is on file in the office of the Bureau of Fire Prevention.

(§ 1, Ord. 2011 c.s., eff. January 21, 1970)

The operators shall remove the derrick from each well within 30 days after the drilling of the well has been completed, and thereafter, when necessary, such completed wells shall be serviced by portable derricks which shall be removed upon completion of the service operation.

(§ 1, Ord. 2011 c.s., eff. January 21, 1970)

Every oil well site shall be completely enclosed by a chain link fence or a masonry wall so constructed as to prevent any person, other than those legally authorized to enter, from having free access thereto; provided, however, the wellhead, storage tanks, and other facilities may be separately so enclosed in accordance with the provisions of this section through Section 4-11.115 of this article.

(a) If, in the opinion of the City Manager, the enclosure of an entire oil well site or the enclosure of the separate facilities on such site would result in the inability of the operator to properly service or maintain the facilities on the site, the City Manager may authorize the construction of separate fencing facilities with a different formula which would enable such operator to properly service or maintain such facilities.

(b) Whenever any separator tank, storage tank, or other oil well production facility is required by the provisions of the Uniform Fire Code adopted by the City to be diked, such fence shall be constructed outside the periphery of such dike, except that fencing may be permitted on top of a dike, or portion thereof, where the dike is a solid concrete retaining wall.

(c) Where existing fences, walls, grade differentials, or unusual circumstances prevail on or adjacent to any oil well site, required fences may be modified by the City Manager, subject to site plan review as set forth in Section 4-11.124 of this article. In the event of the subsequent removal of existing walls or fences or changes of existing grades on or adjacent to an oil well site previously approved by the City Manager pursuant to the provisions of said Section 411.124, a new site plan shall be submitted to the City Manager for review and approval.

(§ 1, Ord. 2011 c.s., eff. January 21, 1970)

No fence or wall shall be constructed to enclose any oil well site in whole or in part unless and until a permit therefor shall have been issued by the Building and Safety Department. As a condition of issuing such permit, the Building and Safety Director, or his delegate, may impose thereon such conditions as, in his opinion, are necessary in the interests of the public safety. Such fence or wall shall be constructed in accordance with the conditions of such permit.

(§ 1, Ord. 2011 c.s., eff. January 21, 1970)

All chain link fences used to enclose, in whole or in part, any oil well site shall be a minimum of seventy-two (72″) inches in height, topped with a "V" shaped support, carrying six strands of barbed wire and shall conform to the Standard Specifications for Public Works Construction, as amended. All required fences shall have a continuous ten (10″) inch by ten (10″) inch concrete footing consisting of 5-B-2200 concrete, as designated by the Standard Specifications for Public Works Construction, with a bottom rail not less than one and five-eighths (1 5/8″) inch outside dimension. Such bottom rail shall be placed not more than two (2″) inches above the surface of the concrete footing.

(§ 1, Ord. 2011 c.s., eff. January 21, 1970)

All masonry walls used to enclose in whole or in part any oil well site shall be constructed in accordance with the Standard Specifications for Public Works Construction, as amended.

(a) Such walls shall be of a decorative design approved by the City Manager as being compatible with the facilities, building, and structures on and adjacent to the site.

(b) Such walls shall be at least six (6′) feet in height.

(c) Such walls shall be topped with a "V" shaped support carrying six strands of barbed wire.

(d) Such walls shall be constructed in accordance with the provisions of the Uniform Building Code adopted by the City.

(§ 1, Ord. 2011 c.s., eff. January 21, 1970)

All chain link fences and masonry walls shall be equipped with at least one gated area. The gated areas shall meet the following specifications:

(a) Each gated area shall be twelve (12′) feet wide where vehicle access is or may be necessary and shall be composed of two gates, each of which is six (6′) feet wide. The gates shall latch and lock in the center of the twelve (12') foot span.

(b) The gates shall be of chain link construction which meets the applicable provisions of Section 4-11.113 of this article.

(c) The gates shall be provided with a combination catch and locking attachment device for a padlock, which device shall be approved by the Fire Chief and kept locked except when being used for access to the site. In making his determination, the Fire Chief shall consider whether or not, and the degree to which, such device interferes with the ability of the Fire Department to obtain ingress into the site in case of an emergency.

(§ 1, Ord. 2011 c.s., eff. January 21, 1970)

(a) Any oil well site which, on January 21, 1970, is enclosed with a fence or wall which, in the opinion of the City Manager, substantially meets the requirements of Sections 4-11.111 through 4-11.115 of this article may retain such existing fence or wall.

(b) Any oil well site which, on January 21, 1970, is enclosed with a fence or wall which, in the opinion of the City Manager, does not substantially meet the requirements of Sections 4-11.111 through 4-11.115 of this article shall be either:

(1) Reconstructed in accordance with the provisions of such sections; or

(2) Reconstructed in a manner such that, in the opinion of the City Manager, substantially meets the requirements of such sections.

(§ 1, Ord. 2011 c.s., eff. January 21, 1970)

(a) Notwithstanding any other provisions of this article to the contrary and except as provided in subsection (b) of this section, fences and walls shall not be placed in the front and exterior side yard setback areas of any lot or parcel of land as presently constituted, or as planned for future use, as shown on any element of the City's general plan, or any master zoning plan or area zoning plan adopted by the Council, or as implied from any master plan of streets and highways adopted by the Council.

(b) Provided, however, any oil well, storage tank, or heater which, on January 21, 1970, is located in such a setback area shall be fenced or walled in accordance with a plan submitted to and approved by the City Manager. The fence or wall shown on such plan shall be in accordance with the other provisions of this article and shall not extend into any dedicated right-of-way.

(§ 1, Ord. 2011 c.s., eff. January 21, 1970)

Every person making, maintaining, or using any man-made excavation three (3′) feet or more in depth, and every person owning or having possession of any premises on which such excavation exists, shall cover such excavation and maintain around such excavation at all places where the slope is steeper than one foot vertical to two (2′) feet horizontal, if not under water, or one foot vertical to four (4′) feet horizontal, if under water, a fence in accordance with the provisions of Section 4-11.111 of this article.

(§ 1, Ord. 2011 c.s., eff. January 21, 1970)

The provisions of Section 4-11.118 of this article shall not apply to the following:

(a) An oil sump constantly and immediately attended while drilling operations are continuously proceeding;

(b) An excavation pursuant to the provisions of Sections 24400, 24401, or 24402 of the Health and Safety Code of the State;

(c) An excavation for the installation of a public utility if not abandoned;

(d) An excavation in connection with the construction of a private residence, if not abandoned;

(e) A swimming pool, fish pond, or wading pool on the same lot or parcel of land as a private residence; and

(f) An excavation not more than 1/2 mile in length which becomes a portion of a natural watercourse.

(§ 1, Ord. 2011 c.s., eff. January 21, 1970)

All vehicles and equipment constructed and used for the transportation of flammable liquids and liquefied petroleum gases shall conform with the provisions of Division IX of Article 15, Tank Vehicles for Flammable and Combustible Liquids, of the Uniform Fire Code and any amendments thereto as adopted by the City.

(§ 1, Ord. 2011 c.s., eff. January 21, 1970)

The construction and placement of tanks, valves, and fittings and the storage of flammable or combustible liquids shall be in accordance with the provisions of Divisions I, II, and III of Article 15 of the Uniform Fire Code and any amendments thereto as adopted by the City. In addition to the standards set forth in said Divisions I, II, and III of Article 15 of the Uniform Fire Code, every person operating or maintaining any oil storage tank shall construct and maintain around and outside the same a wall or dike constructed of a size sufficient to hold the full capacity of all storage tanks within such wall or to hold the full capacity of all storage tanks within such wall or dike, plus an amount of oil equal to 10% of the capacity of such storage tank. Such wall or dike shall be constructed under the supervision of and to the satisfaction of the Fire Chief.

(§ 1, Ord. 2011 c.s., eff. January 21, 1970)

All driveways shall be constructed according to City standards and shall be maintained at all times. They shall be kept free of oil spillage and the accumulation of residue and debris.

(§ 1, Ord. 2011 c.s., eff. January 21, 1970)

(a) There shall be submitted to the City Manager a site plan for each oil well site showing the proposed compliance with the provisions of this article. The following shall be shown on such plan:

(1) The location and size of all oil wells, tanks, walls, fences, hedges, and other facilities on such site, both existing and proposed;

(2) The location of adjacent residential and commercial structures;

(3) Detailed landscaping and irrigation plans and specifications showing the location, size, quantity, and spacing of all plants on the site, both existing and proposed, and plans and specifications for the proposed irrigation system; and

(4) A list of the botanical names of each such plant and their proposed physical dimensions (caliper, height, and spread) keyed to and submitted with the landscaping plan.

(b) No well shall be drilled from a new oil well site unless and until a site plan showing compliance with the provisions of this article and containing the items set forth in this section shall have been filed with and approved by the City Manager.

(§ 1, Ord. 2011 c.s, eff. January 21, 1970)

The City Manager shall determine whether or not each site plan complies with the provisions of this article. If the site plan does not comply, the City Manager shall so notify the owner or operator of the site who shall, within 30 days thereafter, file an amended plan with the City Manager.

(§ 1, Ord. 2011 c.s., eff. January 21, 1970)

(a) The installation and construction of the landscaping and related facilities shown on such site plan shall be completed within 60 days after approval of the site plan by the City Manager.

(b) Such landscaping and related facilities shall be maintained in operating condition, and in a neat, clean, and attractive manner, and in conformance with the site plan unless and until the plan is amended or revised with the approval of the City Manager, in which event they shall be so maintained in accordance with the amended or revised plan.

(§ 1, Ord. 2011 c.s., eff. January 21, 1970)

It shall be lawful for the Fire Chief or his duly authorized representative to enter upon any premises or lease and into any derrick or structure appurtenant thereto at any reasonable time, if deemed necessary in the opinion of the Fire Chief or his duly authorized representative, in order to preserve or protect the public safety.

(§ 1, Ord. 2011 c.s., eff. January 21, 1970)

Signs identifying the owner or operator, his address and phone number, and other pertinent information shall be posted in accordance with the provisions of Section 15.1009 of the Uniform Fire Code and any amendments thereto as adopted by the City.

(§ 1, Ord. 2011 c.s., eff. January 21, 1970)

All production equipment used shall be so constructed and operated that no noise, vibration, dust, odor, or other harmful or annoying substances or effects which can be eliminated or diminished by the use of greater care shall be permitted to result from anything incident thereto to the injury or annoyance of persons living in the vicinity; nor shall the site or structure thereon be permitted to become dilapidated, unsightly, or unsafe. Proven technological improvements in methods of production shall be adopted as they, from time to time, become available if capable of reducing factors of nuisance or annoyance.

(§ 1, Ord. 2011 c.s., eff. January 21, 1970)

If any nuisance is created by any noise caused by hammering on pipe, racking pipe, making up joints or connections, or the acceleration or deceleration of motors, or if any other sounds are created to disturb the neighborhood, such as by drilling, redrilling, reconditioning, workover operations, transporting drill pipe, running drill pipe into or out of holes, picking up or laying down pipe casing, tubing, or rods, running casing, tubing, or rods, or cementing or logging operations, drilling or production operations may be restricted to the hours of 8:00 a.m. to 6:00 p.m. The City Manager shall be the final judge of the operations set forth in this section.

(a) Except in cases of emergency, no materials, equipment, tools, or pipe used for drilling operations shall be delivered to or removed from the drilling site except between the hours of 8:00 a.m. and 6:00 p.m.

(b) No oil shall be removed by truck from the well site except between the hours of 6:00 a.m. and 6:00 p.m.

(§ 1, Ord. 2011 c.s., eff. January 21, 1970)

When required in the judgment of the Fire Chief or his duly authorized representative, every steam boiler located within 100 feet or any oil well or oil storage tank shall be equipped with a water or steam line not less than one inch in diameter, piped from a point outside the retaining wall where required into the boiler fire box. Such water or steam line shall be controlled by an emergency valve to be located as designated by the Fire Chief or his duly authorized representative. Such emergency control valve shall have a metal tag not less than three (3″) inches by six (6″) inches attached thereto and shall have printed thereon "Emergency Valve to Boilers (Steam or Water)".

(§ 1, Ord. 2011 c.s., eff. January 21, 1970)

Where required in the judgment of the Fire Chief or his duly authorized representative, every steam boiler located within 100 feet of any oil well or oil storage tank shall be equipped with an emergency quick acting valve so located, outside the retaining wall where required, as to completely shut off all fuel feed lines to each and every boiler. Such valve shall be located not more than two (2′) feet from the valve controlling the steam or water line to the fire box, and shall have a metal tag not less than three (3″) inches by six (6″) inches attached thereto, and shall have printed thereon "Emergency Valve to Boilers (Fuel Line)".

On all dry gas lines used for the purpose of furnishing fuel to boilers, or for the agitation of petroleum products within tanks, holders, or containers, there shall be installed a positive shutoff valve at or near the point of entry to the lease or at a suitable location designated by the Fire Chief or his duly authorized representative. Such valve shall have a metal tag not less than three (3″) inches by six (6″) inches attached thereto and shall have printed thereon "Emergency Valve-Dry Gas Line" and also the name or number of the lease and the name of the oil company.

(§ 1, Ord. 2011 c.s., eff. January 21, 1970)

Not more than two portable production tanks shall be installed for each well, neither one of which shall have a rated capacity in excess of 1,000 barrels; provided, however, if in the opinion of the City Manager it is necessary in order to provide for the maximum safety of operations or to decrease the number of individual production tank settings on any property, the City Manager may increase the number of such production tanks to not more than three, having a greater capacity not to exceed 2,000 barrels each. Such portable production tanks shall be permitted only during drilling operations and shall be removed within 30 days after the drilling is discontinued or completed.

(§ 1, Ord. 2011 c.s., eff. January 21, 1970)

All waste oil and weeds shall be controlled in accordance with the provisions of Section 15.1003 of the Uniform Fire Code and any amendments thereto as adopted by the City. In addition to the requirements of said Section 15.1003, all property on which is located an oil well site shall be kept free of:

(1) Debris;

(2) Pools of oil, water, or other liquids;

(3) Weeds;

(4) Brush; and

(5) Trash.

(§ 1, Ord. 2011 c.s., eff. January 21, 1970)

No person shall construct, maintain, or use any permanent sump above the natural ground level for storing petroleum or inflammable liquids except as provided in Sections 4-11.118 and 4-11.119 of this article.

(§ 1, Ord. 2011 c.s., eff. January 21, 1970)

Tanks used for heat treating petroleum, or products thereof, shall not be of the open type, nor shall the capacity of any such tank exceed 1,000 barrels. Tanks into which petroleum or any products thereof exceeding a temperature of 170 degrees Fahrenheit are discharged or stored shall be equipped with a suitable vent. Such vent shall be tightly connected to a vapor recovery system of a type approved by the Fire Chief or his duly authorized representative. No pipeline connected to any system containing air under pressure shall enter into any such tank, and It is unlawful to cause or permit the contents of any such tank to be agitated with air at any time.

(§ 1, Ord. 2011 c.s., eff. January 21, 1970)

(a) All pumping units, storage tanks, heaters, and exposed pipelines, and any building or structure located on any oil well site, shall be painted at least every three years with a top coat and a rust preventative base coat, unless the City Manager determines that such repainting is unnecessary until a later date, in which event they shall be repainted at such later date. In making such determination, the City Manager shall consider the deterioration of the quality of the material of which such facility or structure is constructed, the degree of rust, and its appearance.

(b) All oil production facilities and any structure, or any oil well site, shall be kept reasonably free from rust at all times.

(c) The top coat shall be any color which has been approved by the City Manager for compatibility with the neighborhood.

(§ 1, Ord. 2011 c.s., eff. January 21, 1970)

All oil shall be stored in underground tanks so constructed that no portion thereof will be above the surface of the ground, unless such storage above the ground will not deter with the aesthetic value of the surrounding property, and may be allowed upon the proper permission by the Council if the area is fully landscaped and the tanks are enclosed by trees of adequate size so as to screen them from public view and are more than 300 feet from the nearest residences and properly fenced as required. All trees, landscaping, and shrubs shall be kept in good condition. The use of aboveground storage tanks less than 300 feet from the nearest residence and in service on January 21, 1970, may be continued provided they meet all other requirements of this article.

(§ 1, Ord. 2011 c.s., eff. January 21, 1970)

All gathering and injection lines outside the fenced or walled area shall be buried, except in oil well sites located in areas zoned for industrial uses.

(§ 1, Ord. 2011 c.s., eff. January 21, 1970)

(a) No equipment shall be stored on the site which equipment is not essential to the everyday operation of the oil well located thereon.

(b) All storage facilities shall be subject to the approval of the City Manager.

(c) No equipment shall be stored except within the fenced or walled area of the site.

(§ 1, Ord. 2011 c.s., eff. January 21, 1970)

All oil well sites, except as provided in Section 4-11.117 of this article, shall be landscaped in accordance with the following requirements:

(a) The front and exterior side yard setbacks which are left open in accordance with the provisions of Section 4-11.117 of this article shall be landscaped in a manner in keeping with the character of the neighborhood with ground cover, trees, and shrubs.

(b) The area along the periphery of, and within the wall or fence, shall be landscaped with trees and shrubs in an attractive manner so as to screen the facilities therein from view. Artificial screening may be used to supplement such landscaping.

(c) All ground cover, bushes, and trees shall be maintained in a healthy, neat, clean, and attractive condition.

(d) All landscape materials shall be watered with a fully automatic, clock operated, irrigation system.

(§ 1, Ord. 2011 c.s., eff. January 21, 1970)

The City Manager may grant an exception to the provisions of Section 4-11.140 of this article for any oil well site where any of the following conditions apply:

(a) The site is located on land zoned for industrial uses;

(b) The site is located more than 300 feet from any residence; and

(c) The absence of landscaping will not be materially detrimental to the property of other persons located in the vicinity.

(§ 1, Ord. 2011 c.s., eff. January 21, 1970)

Any storage tank, heater, or other oil producing facility, or any building or structure used as an accessory to an oil producing facility and which is located on any oil well site, shall be demolished and removed from the site if, in the opinion of the City Manager, the useful life of such facility or structure has been substantially completed or such facility or structure is no longer structurally capable of withstanding the forces required by the Uniform Building Code.

(§ 1, Ord. 2011 c.s., eff. January 21, 1970)

The Council hereby finds and declares that oil sumps, uncapped or unguarded wells, cisterns, and holes in the ground which are likely to produce bodily injury as the result of a fall therein are of a dangerous nature and a public nuisance.

(§ 1, Ord. 2011 c.s., eff. January 21, 1970)

It is unlawful for any person to own, occupy, or possess any parcel of real property in the City upon or in which there is allowed to exist any well, cistern, pipe, or hole in the ground in an uncapped or uncovered condition if a fall by any person into such well, cistern, pipe, or other hole in the ground would be likely to result in personal injury.

(§ 1, Ord. 2011 c.s., eff. January 21, 1970)

Every person who digs, drills, excavates, constructs, owns, or controls any abandoned water well or oil well, and every person owning or having possession of any premises on which any such abandoned well exists, shall either cap or otherwise close the mouth or entrance to such well in such a manner as to prevent persons from falling therein and in such a manner that such capping or covering cannot be removed by accident or inadvertence, or such well shall be filled.

(§ 1, Ord. 2011 c.s., eff. January 21, 1970)

Whenever any person fails or refuses to perform any act required by the provisions of this article, the City shall serve upon such person, in the manner required by law for the service of summons, a notice in writing requiring that such person, within 10 days after the service of such notice, shall either:

(a) Comply with the provisions of this article; or

(b) If such person is of the opinion that the provisions of this article do not require him to comply with such notice, file a protest in writing with the Council.

(§ 1, Ord. 2011 c.s., eff. January 21, 1970)

Upon the filing of any protest, the Council may adopt an order that the person protesting is not required to comply. If the Council does not adopt such an order, the Council shall notify such person in writing not less than five days prior thereto of the time and place of a public hearing and shall hold such public hearing to determine what acts, if any, the provisions of this article require the person filing such protest to perform.

(§ 1, Ord. 2011 c.s, eff. January 21, 1970)

Upon the hearing of any such protest, the Council shall determine what acts, if any, the provisions of this article require the person filing such protest to perform. The Council shall notify such person of its decision in writing.

(§ 1, Ord. 2011 c.s., eff. January 21, 1970)

If a person is notified to comply with the provisions of this article and neither complies nor protests within the 10 days provided for, or if a person protests and the Council decides that such person should perform certain work and, for 10 days after the notice of such decision such person does not do so, the City shall cause the work to be performed at City expense.

(§ 1, Ord. 2011 c.s., eff. January 21, 1970)

The City Clerk shall keep an account of the cost of all work performed at City expense pursuant to the provisions of this article and shall render an itemized report to the Council showing the cost of protecting each separate excavation, sump, cellar, or ditch upon each separate parcel of land.

(§ 1, Ord. 2011 c.s., eff. January 21, 1970)

Before the report is submitted to the Council, a copy of the report shall be posted for at least three days on or near the chamber door of the Council, with a notice of the time when the report will be submitted to the Council for confirmation.

(§ 1, Ord. 2011 c.s., eff. January 21, 1970)

A postcard notice of the time and place of the submission of the report for confirmation, stating generally the nature of the report, shall be mailed by the City Clerk, at least seven days prior to the date of submission for confirmation, to the owners of the affected parcels as revealed by City records of ownership.

(§ 1, Ord. 2011 c.s., eff. January 21, 1970)

At the time fixed for receiving and considering the report, the Council shall hear the report and any objections of any property owners liable to be assessed for the work of protection.

(§ 1, Ord. 2011 c.s., eff. January 21, 1970)

Thereupon the Council may make such modifications in the report as the Council deems necessary after which, by order or resolution, the report shall be confirmed.

(§ 1, Ord. 2011 c.s., eff. January 21, 1970)

The amount of the costs for the protection work upon the various parcels of land mentioned in the report as confirmed shall constitute liens on such parcels for the amounts expended thereon by the City.

(§ 1, Ord. 2011 c.s., eff. January 21, 1970)

The Council shall record a certified copy of the report in the office of the City Clerk.

(§ 1, Ord. 2011 c.s., eff. January 21, 1970)

The City may bring appropriate actions in courts of competent jurisdiction to collect any amounts due for the work of protecting excavations performed by the City and to foreclose liens for such amounts.

(§ 1, Ord. 2011 c.s., eff. January 21, 1970)

A faithful performance bond in the amount of Twenty Thousand and no/100ths ($20,000.00) Dollars shall be filed with the City for each operator up to and including the first five wells, conditioned upon performing the terms and conditions of this article and any conditions and limitations imposed by a permit pursuant to the provisions of this article or any other laws of the City. Where more than five wells are drilled, the additional amount in bonds shall be so specified by the City. Such bond shall include as obligees all persons who may be damaged or injured by such use.

A policy of liability insurance shall be filed with the City by each operator in the amount of One Hundred Thousand and no/100ths ($100,000.00) Dollars to Two Hundred Thousand and no/100ths ($200,000.00) Dollars such insurance having maximum amounts of recovery not less than the amounts required in the bonds required by this section. Such insurance shall insure the City and all persons who may be damaged or injured by such use.

(§ 1, Ord. 2011 c.s., eff. January 21, 1970)

In the event the provisions of this article conflict with the provisions of any special ordinance or agreement with or concerning Signal Oil Company or Redondo Oil Corporation, the provisions of such agreement shall control.

(§ 1, Ord. 2011 c.s., eff. January 21, 1970)