Santa Fe Springs Municipal Code Ch. 117 Oil and Gas

Footnotes:

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Cross reference— Oil pipeline systems, see §§ 114.080 et seq.; Gas pipeline systems, see §§ 114.120 et seq.

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

Abandonment. The restoration of the drill site as required by this chapter.

A.P.I. The American Petroleum Institute.

Approved. Approved by the Fire Chief. Approved Type or Approved Design means improvements, equipment or facilities of a type or design approved by the Fire Chief.

A.S.M.E. The American Society of Mechanical Engineers.

Blowout. The uncontrolled discharge of gas, liquid or solids or a mixture thereof from a well into the atmosphere.

Blowout Preventer. A mechanical, hydraulic, pneumatic or other device or a combination of such devices secured to the top of a well casing, including valves, fittings and control mechanisms connected therewith designed and capable of preventing a blowout.

Cellar. An excavation around or above the top joint of the casing in a well.

Completion of Drilling. A well is completed 30 days after the drilling crew has been released, unless drilling or remedial operations are resumed before the end of the 30 days.

Derrick. Any framework, tower or mast which is used in connection with the drilling, redrilling or well servicing of or in any oil or gas well.

Desertion. The cessation of operations on the property with the intent to abandon such property without compliance with the provisions of this chapter.

Disposal Well. A well used to discharge waste oil field fluids into subsurface formations.

Division of Oil, Gas and Geothermal Resources (DOGGR). The Division of Oil, Gas and Geothermal Resources (DOGGR) of the Department of Natural Resources of the state or any other state agency that may in the future be charged with its responsibilities.

Drill Site. The location and area required to drill and produce oil or to maintain an oil well, disposal well, injection well and related facilities.

Drilling. Digging a hole in the earth formation for the production of oil and gas.

Fire Chief. The Fire Chief of the city or his duly authorized representative.

Gas. The gaseous components or vapors occurring in or derived from petroleum or natural gas.

Idle Well. An idle well is one that is not being used for production of oil, gas or waste water or for injection or disposal. See § 117.120 for regulation of idle wells.

Injection Well. A well used to inject substances into subsurface formations for the purposes of stimulating production of hydrocarbons and/or for controlling land subsidence.

Natural Gasoline Plant or Absorption Plant. A plant for the processing of natural gas for the purpose of extracting gasoline or liquefied petroleum gas from natural gas produced from wells.

Oil. A hydrocarbon which is liquid in its natural state, except gasoline or liquefied petroleum gas.

Operator. Any person drilling, maintaining, operating, pumping or in control of any well.

Outer Boundary Line. Where several contiguous parcels of land in one or different ownerships are operated as a single oil or gas lease or operating unit, the exterior limits of the land included in the lease or unit. In determining the contiguity of any such parcels of land, no street, road or alley lying within the lease or unit shall be deemed to interrupt such contiguity.

Owner. The operator when any well is operated or has been operated or is about to be operated by any person other than the owner.

Permit. See § 117.015(A).

Permittee. The person holding a valid permit issued by the city. See § 117.015(A).

Redrilling. The drilling of an existing oil well beyond the limits of the existing hole.

Replacement Well. An idle well designated by the oil well permittee to be used as a production, injection or disposal well in a program that has been submitted to and approved by the city.

Source of Ignition. Any flame, arc, spark or heated object or surface capable of igniting flammable liquids, gases or vapors.

Structure. That which is built or constructed, including but not limited to a tank, edifice or building of any kind.

Sump. An excavation used or intended to be used for the collection or retention of fluids produced or used in oil well drilling and producing operations.

Tank. A container, covered or uncovered, used in conjunction with the drilling or production of an oil well for holding or storing liquids at or near atmospheric pressure.

Well or Oil Well. Any oil or gas well or well for the discovery of oil or gas; any well on lands producing or reasonably presumed to contain oil or gas; any well drilled for the purpose of injecting fluids or gas for stimulating oil or gas recovery, repressuring or pressure maintenance of oil or gas reservoirs, or disposing of waste fluids from an oil or gas field; any well used to inject or withdraw gas from an underground storage facility; or any well drilled within or adjacent to an oil or gas pool for the purpose of obtaining water to be used in production stimulation or repressuring operations.

Well Servicing. Remedial or maintenance work performed within any existing well which does not involve drilling or redrilling.

('64 Code, § 16-1; Ord. 512, passed 1-13-77; Am. Ord. 726, passed 12-22-87; Am. Ord. 1075, passed 8-25-16; Am. Ord. 1076, passed 9-8-16)

In the manner and upon the terms and conditions set forth in this chapter, it shall be lawful for any person to drill a well for and to produce oil, gas or other hydrocarbon substances and to conduct any other lawful operations, including the installation and maintenance of any derrick, drilling and producing equipment and appurtenant structures or machinery proposed or intended to be used for or in connection with the drilling for or production of oil and gas on any land within the city which is zoned to permit such operations, and on any other land where such operations may be authorized pursuant to the provisions of the zoning ordinance of the city; provided, that all of such operations shall conform with the provisions of this chapter.

('64 Code, § 16-2; Ord. 512, passed 1-13-77)

It shall be the duty of the City Manager and the Fire Chief to administer and enforce the provisions of this chapter and, for that purpose, the City Manager and the Fire Chief and their duly authorized representatives shall have the powers of police officers.

('64 Code, § 16-3; Ord. 512, passed 1-13-77)

Any violations of §§ 117.120, 117.122, 117.124, 117.126, 117.127, 117.129, 117.130, and 117.131 shall constitute a misdemeanor.

('64 Code, § 16-91; Ord. 726, passed 12-22-87)

Cross reference— Penalty, see § 10.97

(A) It shall be unlawful for any person to construct, commence to construct or maintain or use within the city any derrick or other structure, equipment or machinery proposed or intended to be used or used for or in connection with the drilling for or production of oil, gas or other hydrocarbon substances without first obtaining a written permit therefor, to be issued by the Fire Chief in accordance with the terms of this chapter. The redrilling of an existing well outside the confines of the existing well bore shall be subject to the permit requirements of this section.

(B) No permit shall be required for well servicing.

('64 Code, § 16-4—16-5; Ord. 512, passed 1-13-77)

Cross reference— Penalty, see § 10.97

Each permit covering the drilling of any well shall include the installation and use of all temporary structures, steel derrick or portable mast, tanks, equipment and facilities necessary or convenient for such operation.

('64 Code, § 16-6; Ord. 512, passed 1-13-77)

Each permit covering the operation and maintenance of any oil well shall include the installation and use of all structures, tanks, equipment and facilities necessary or convenient for the temporary field storage, separating, gauging, handling and shipping of oil, gas and other substances produced from or injected into any well customarily used in connection with such operation.

('64 Code, § 16-7; Ord. 512, passed 1-13-77)

Any person desiring any permit required by this subchapter shall file a written application therefor with the Fire Chief on forms furnished for that purpose which shall contain and be accompanied by the name or number and location of the proposed or existing well as such well may be identified and described in notices filed with the Divisions of Oil, Gas and Geothermal Resources. Under the zoning ordinance of the city the drilling or redrilling of a well requires a conditional use permit. Application for the conditional use permit shall be filed with the Department of Planning and Development within five days of filing for a drilling permit.

('64 Code, § 16-8; Ord. 512, passed 1-13-77; Am. Ord. 726, passed 12-22-87; Am. Ord. 1075, passed 8-25-16; Am. Ord. 1076, passed 9-8-16)

(A) Except as provided elsewhere in this chapter, every application for a permit required by this subchapter, for which a bond is not on file, shall be accompanied by a faithful performance bond on a form approved by the City Attorney in a sum to be determined from time to time by resolution of the City Council or by state law, if applicable, for each well. Such bond shall be conditioned that the principal named in the bond shall faithfully comply with all of the provisions of this chapter. The bond shall secure the city against all costs, charges and expenses incurred by it by reason of the failure of the permittee to comply fully with the provisions of this chapter. The bond shall include a provision that the city be given written notice not less than 60 days prior to the cancellation or reduction in the coverage of the bond.

(B) In lieu of filing the bond as required by division (A) of this section for each well, a blanket bond in an amount to be determined from time to time by resolution of the City Council or by state law, if applicable, to cover all operations under this chapter of a single permittee shall be filed. Riders to such blanket bond shall be filed with the city identifying each well to be covered by such blanket bond.

(C) Each bond filed pursuant to this section shall be kept and maintained in full force and effect until terminated or superseded as provided in this chapter.

('64 Code, §§ 16-9—16-11; Ord. 512, passed 1-13-77)

(A) The applicant, as principal, and the surety under any bond filed pursuant to § 117.019 may have such bond terminated and cancelled if and when the applicant or the assignee of any permit granted pursuant to this chapter shall furnish a new bond therefor.

(B) Any bond or rider thereto shall be terminated and cancelled upon the final and permanent cessation or abandonment of all operations in connection with any wells for which such bond or rider thereto was given, subject to compliance with the applicable provisions of this chapter.

('64 Code, § 16-12; Ord. 512, passed 1-13-77; Am. Ord. 726, passed 12-22-87)

The application for an oil well permit submitted pursuant to § 117.018 shall be approved and the permit granted by the Fire Chief within five working days after the granting of the conditional use permit and after receipt of such application which conforms with the provisions and requirements of this chapter. No permit shall be issued which would conflict with any provision of the zoning ordinance or any provision of this code.

('64 Code, § 16-13; Ord. 512, passed 1-13-77; Am. Ord. 726, passed 12-22-87)

(A) A fee as set by City Council resolution shall accompany each application for a permit to cover the drilling of a new well and the redrilling of an existing well to recomplete it a different level or zone than the existing well hole.

(B) A fee as set by City Council resolution shall be paid in two equal semi-annual installments on July 1 and January 1 for each well. In addition thereto, payable quarterly within 30 days after the close of each calendar quarter, an amount shall be paid for each barrel of oil or petroleum products production from such well during said calendar quarter, which amount shall be calculated as described in division (C), below, and which amount shall be not less than $0.41 per barrel, and not more than $0.52 per barrel. In the event of abandonment of any well, such additional amount shall be paid within 30 days after production from such well is finally stopped.

(C) The amount paid per barrel as set forth in division (B), above, shall be calculated as follows by utilizing the average price paid for Buena Vista Hills crude oil (BV):

(1) The average price for BV will be determined by calculating the average price paid for each quarter from the available posted prices for the field (for example Chevron http://crudemarketing.chevron.com/crude/north\_american/california.aspx). If more than one poster is available then the average price for each poster will be determined first for the calendar quarter and then the average of multiple posters will be calculated to determine the final average price. There will be no API adjustment of pricing for BV used in such calculation.

(2) The following table displays the tax rate to be paid for each barrel, based on the BV average price per barrel for the pertinent quarter:

(3) If in any quarter there are no official posted prices for BV available throughout that entire quarter, then the methodology used to determine the monthly average price per barrel of oil for the purpose of utilizing the table displayed above to calculate the tax rate to be paid per barrel shall be to determine the average price of the Wilmington Oil Field (constrained to the Long Beach Unit and the West Wilmington Oil field under the Unit Operatorship of the City of Long Beach), with an adjustment to 32 degrees API. The monthly averages in each quarter will be averaged to determine a single average rate for each calendar quarter.

(4) In the event that neither the BV prices nor the Wilmington prices are available, the city and the operator of the Santa Fe Springs Unit shall meet and confer in good faith to choose an alternative price index.

('64 Code, §§ 16-14—16-15; Ord. 512, passed 1-13-77; Am. Ord. 650, passed 6-28-84; Am. Ord. 726, passed 12-22-87; Am. Ord. 1044, passed 11-5-13)

Each oil well permit shall be valid only for the fiscal year for which issued.

('64 Code, § 16-16; Ord. 512, passed 1-13-77; Am. Ord. 726, passed 12-22-87)

(A) Each permit issued pursuant § 117.022(B) shall be renewed on July 1 of the year following the year in which it was granted or renewed, unless such well has been abandoned prior thereto.

(B) On or before June 15 of each year, the owner of any existing well not abandoned shall make application for a permit covering the operation and maintenance thereof.

('64 Code, § 16-17; Ord. 512, passed 1-13-77; Am. Ord. 726, passed 12-22-87)

In the event of any change of ownership of any oil or gas well after a permit has been granted to cover the drilling thereof or to cover the operation and maintenance of an existing well, the permit and all rights and obligations pertaining thereto may be assigned and transferred to such new owners, as provided in § 117.026.

('64 Code, § 16-18; Ord. 512, passed 1-13-77)

(A) The permittee shall notify the Fire Chief in writing of the sale, assignment, transfer, conveyance or exchange of any well within 30 days. After such sale, assignment, transfer, conveyance or exchange, and the new owner thereof shall succeed to all the rights and obligations of the permittee under the permit applicable to such well upon the filing by the new owner of a faithful performance bond, as provided in this subchapter, to cover future operation and maintenance of such well.

(B) The notice shall contain the following:

(1) The name and address of the person to whom such well is sold, assigned, transferred, conveyed or exchanged.

(2) The name and location of the well.

(3) The date of sale, assignment, transfer, conveyance or exchange.

(4) The date when possession was relinquished by the former permittee.

('64 Code, § 16-19; Ord. 512, passed 1-13-77)

Cross reference— Penalty, see § 10.97

Any permit issued pursuant to this subchapter may be revoked by the City Council upon its finding, after a public hearing as provided in § 117.031, that the permittee has failed, neglected or refused to perform, comply with and abide by any of the conditions and provisions of this chapter.

('64 Code, § 16-20; Ord. 512, passed 1-13-77)

Proceedings before the City Council for the revocation of any permit issued pursuant to this subchapter may be instituted by the Fire Chief, causing to be posted in a conspicuous place on the premises covered by the permit, readable from the ground level, a notice entitled "Notice of intention to revoke permit," and causing a copy thereof to be mailed, postage prepaid, to the permittee, or his designated agent, at his last-known address and a copy to be filed with the City Council. Such notice shall set forth the date of the posting, in accordance with this section, and the reasons and grounds upon which such revocation will be based and shall require the permittee within 15 days after the date of posting specified therein to cure and remedy any default, noncompliance with, or violation of any condition of the permit or of this chapter or to show cause before the City Council why such permit shall not be revoked.

('64 Code, § 16-21; Ord. 512, passed 1-13-77)

Upon application therefor by a permittee under this chapter, the City Council may, at its discretion, extend the time for curing and remedying any claimed default, noncompliance or violation by the permittee, but no such extension of time shall be for a longer period than a total of 60 days from the service upon the permittee of notice of intention to revoke the permit pursuant to § 117.028.

('64 Code, § 16-22; Ord. 512, passed 1-13-77)

At any time prior to the expiration of the 15 days allowed for remedying any noncompliance with the permit or with this chapter, or any extension thereof, the permittee may file with the City Council a written appeal, as provided in this chapter, from the order, requirement, decision or determination of the Fire Chief as set forth in the notice given pursuant to § 117.028 and request a hearing thereon by the City Council. Failure to file a demand for such hearing within the allowed period of time, or any extension thereof, shall be deemed to be an admission on the part of the permittee that valid grounds exist for the revocation of the permit, unless the permittee shall have commenced with a diligent and bona fide effort to cure and remedy the default, noncompliance or violation for which such notice was issued.

('64 Code, § 16-23; Ord. 512, passed 1-13-77)

If a hearing before the City Council is requested to hear an appeal pursuant to § 117.030, the permit shall not be modified or revoked unless and until so ordered by the Council after the completion of such hearing.

('64 Code, § 16-24; Ord. 512, passed 1-13-77)

(A) Well location shall be in accordance with the requirements of the State DOGGR and the zoning ordinance of the city.

(B) No wells shall be drilled within 300 feet of the existing or planned street width line of any major or secondary highway as shown on the city's general plan.

(C) No well shall be drilled within 100 feet of existing buildings in Group R occupancy as defined by the County Building Code. This provision is reciprocal with respect to the location of new Group R buildings from existing wells.

(D) No well shall be drilled within 300 feet of existing buildings in Groups A, E and I occupancy as defined by the County Building Code. However, a building in Group A, E, or I may be built as close as 100 feet from an existing well at the discretion of the Fire Chief and subject to such fire prevention and protection measures as the Fire Chief may deem necessary for the safety of the occupants of any building for which a reduction in distance is approved.

(E) For all other building groups, no well shall be drilled within 35 to 50 feet of existing buildings unless the building wall which faces the well is of a two-hour fire resistant construction and any openings in the wall are fire protected with 1 1/2-hour Underwriters Laboratory rated assemblies. Alternatively, a two-hour fire wall acceptable to the Fire Chief may be erected between the well and the building, in which case the well shall not be closer than 35 feet from such wall. These provisions shall be reciprocal with respect to the location of new buildings from existing wells. These provisions shall not apply to a building or structure which is owned by the operator or his lessee and utilized as a part of oil field operations.

(F) All distances shall be measured from the center of the hole of a well. These distances shall be shown on the map prepared in accordance with § 117.018 of this chapter and § 54.28 of the city's zoning ordinance.

(G) Where strict compliance with the provisions of this section would result in substantial hardship and where exceptional circumstances exist that may warrant special consideration, an appeal may be filed in accordance with the provisions of this chapter.

('64 Code, § 16-25; Ord. 512, passed 1-13-77; Am. Ord. 658, passed 12-27-84; Am. Ord. 1075, passed 8-25-16; Am. Ord. 1076, passed 9-8-16)

Cross reference— Penalty, see § 10.97

All derricks and masts erected for drilling or redrilling shall be at least equivalent to the American Petroleum Institute Standards 4A, 16th Edition and 4D, Sixth Edition.

('64 Code, § 16-26; Ord. 512, passed 1-13-77)

Cross reference— Penalty, see § 10.97

(A) A sign having a surface area of not less than two square feet and no more than six square feet bearing the current name and number of the well and the name or insignia of the operator shall be located and maintained at every well in a place where it will be fully visible at all times from the commencement of drilling operations until the well is abandoned.

(B) In lieu of the sign required by division (A) of this section and in the event there are more than two producing wells on one leasehold or one operating unit, it shall be sufficient if the entrances to such leasehold or operating unit are posted with a sign not less than 18 inches by 24 inches bearing the name of the operator together with the name or designation of the lease together with an openly visible sign on each producing well designating the particular number thereof.

('64 Code, §§ 16-27—16-28; Ord. 512, passed 1-13-77)

Cross reference— Penalty, see § 10.97

Protection shall be provided to prevent the blowout of a well during drilling and redrilling operations, in accordance with the requirements of the DOGGR.

('64 Code, § 16-29; Ord. 512, passed 1-13-77; Am. Ord. 1075, passed 8-25-16; Am. Ord. 1076, passed 9-8-16)

Cross reference— Penalty, see § 10.97

No sumps or sump holes shall be constructed or used and all existing sumps shall be removed. All fluids used for drilling and fluids produced shall be contained in approved tanks or containers.

('64 Code, § 16-30; Ord. 512, passed 1-13-77)

Cross reference— Penalty, see § 10.97

Except during drilling and servicing operations, well cellars shall be kept reasonably free from water, oil, drilling fluids or other substances and means shall be provided to keep such cellars covered in accordance with the requirements of the DOGGR.

('64 Code, § 16-31; Ord. 512, passed 1-13-77; Am. Ord. 1075, passed 8-25-16; Am. Ord. 1076, passed 9-8-16)

Cross reference— Penalty, see § 10.97

All drilling equipment shall be removed from the premises within 60 days following the completion, abandonment or desertion of any well. All derricks of wells, drilled subsequent to January 26, 1961, shall be removed from the premises within 60 days following the completion, abandonment or desertion of such wells. Once any well, drilled subsequent to January 26, 1961, is a producing well, it shall be serviced with a portable derrick and such derrick shall be removed from the premises within 60 days following the completion of such servicing operations.

('64 Code, § 16-32; Ord. 512, passed 1-13-77)

Cross reference— Penalty, see § 10.97

Private roads leading to well sites shall be surfaced in such a manner as to prevent undue amounts of dust from being carried onto adjacent property or the public streets.

('64 Code, § 16-33; Ord. 512, passed 1-13-77)

Cross reference— Penalty, see § 10.97

Suitable and adequate sanitary toilet facilities shall be installed during all drilling operations and maintained in a clean and sanitary condition.

('64 Code, § 16-34; Ord. 512, passed 1-13-77)

Cross reference— Penalty, see § 10.97

(A) If oil and other liquid storage facilities are established incidental to a producing well on a drill site, such storage facilities shall not exceed a total of 2,000 barrels per well.

(B) The Fire Chief may require documentation certifying the flash point of the material proposed to be stored in such tanks. Storage of Class I and Class II liquids (liquids having a flash point of 140°F or less) in outside aboveground tanks is prohibited within the city limits.

('64 Code, § 16-35; Ord. 512, passed 1-13-77; Am. Ord. 726, passed 12-22-87)

Cross reference— Penalty, see § 10.97

No open or unlined skim pits shall be constructed or used.

('64 Code, § 16-36; Ord. 512, passed 1-13-77)

Cross reference— Penalty, see § 10.97

(A) Location of tanks shall be in accordance with § 79.503, Tables 79-503A through 79.503F of the Fire Code of the city.

(B) Each oil storage tank or group of tanks shall have posted in a conspicuous place on or near such tank or tanks a legible sign with the name of the owner or operator, name or number of lease and the telephone number where a responsible person may be reached at any time, printed thereon.

('64 Code, § 16-37; Ord. 512, passed 1-13-77; Am. Ord. 726, passed 12-22-87)

Cross reference— Penalty, see § 10.97

Spacing between tanks shall be in accordance with § 79.505 of the Fire Code of the city.

('64 Code, § 16-38; Ord. 512, passed 1-13-77; Am. Ord. 726, passed 12-22-87)

Cross reference— Penalty, see § 10.97

Foundations and supports shall be in accordance with § 79.506 of the Fire Code of the city.

('64 Code, § 16-39; Ord. 512, passed 1-13-77; Am. Ord. 726, passed 12-22-87)

Cross reference— Penalty, see § 10.97

Stairs, platforms and walkways shall be in accordance with § 79.507 of the Fire Code of the city.

('64 Code, § 16-40; Ord. 512, passed 1-13-77; Am. Ord. 726, passed 12-22-87)

Cross reference— Penalty, see § 10.97

Dikes, diversion walls and catchment basins shall be in accordance with § 79.508 of the Fire Code of the city.

('64 Code, § 16-41; Ord. 512, passed 1-13-77; Am. Ord. 726, passed 12-22-87)

Cross reference— Penalty, see § 10.97

Design and construction of tanks shall be in accordance with § 79.502 of the Fire Code of the city and the applicable DOGGR codes.

('64 Code, § 16-42; Ord. 512, passed 1-13-77; Am. Ord. 726, passed 12-22-87; Am. Ord. 1075, passed 8-25-16; Am. Ord. 1076, passed 9-8-16)

Cross reference— Penalty, see § 10.97

Vents shall be in accordance with § 79.510 of the Fire Code of the city.

('64 Code, § 16-43; Ord. 512, passed 1-13-77; Am. Ord. 726, passed 12-22-87)

Cross reference— Penalty, see § 10.97

Tank valves shall be in accordance with § 79.509 of the Fire Code of the city.

('64 Code, § 16-44; Ord. 512, passed 1-13-77; Am. Ord. 726, passed 12-22-87)

Cross reference— Penalty, see § 10.97

Loading and unloading facilities shall be in accordance with §§ 79.807 and 79.808 of the Fire Code of the city.

('64 Code, § 16-45; Ord. 512, passed 1-13-77; Am. Ord. 726, passed 12-22-87)

Cross reference— Penalty, see § 10.97

Materials and design shall be in accordance with § 79.701 of the Fire Code of the city.

('64 Code, § 16-46; Ord. 512, passed 1-13-77; Am. Ord. 726, passed 12-22-87)

Cross reference— Penalty, see § 10.97

Protection against corrosion and galvanic action shall be in accordance with § 79.702 of the Fire Code of the city.

('64 Code, § 16-47; Ord. 512, passed 1-13-77; Am. Ord. 726, passed 12-22-87)

Cross reference— Penalty, see § 10.97

Supports shall be in accordance with § 79.704 of the Fire Code of the city.

('64 Code, § 16-48; Ord. 512, passed 1-13-77; Am. Ord. 726, passed 12-22-87)

Cross reference— Penalty, see § 10.97

Valves shall be in accordance with § 79.703 of the Fire Code of the city.

('64 Code, § 16-49; Ord. 512, passed 1-13-77; Am. Ord. 726, passed 12-22-87)

Cross reference— Penalty, see § 10.97

Swing joints shall be in accordance with § 79.705 of the Fire Code of the city.

('64 Code, § 16-50; Ord. 726, passed 12-22-87)

Cross reference— Penalty, see § 10.97

Pipe joints shall be in accordance with § 79.706 of the Fire Code of the city.

('64 Code, § 16-51; Ord. 726, passed 12-22-87)

Cross reference— Penalty, see § 10.97

Bends shall be in accordance with § 79.707 of the Fire Code of the city.

('64 Code, § 16-52; Ord. 726, passed 12-22-87)

Cross reference— Penalty, see § 10.97

Testing shall be in accordance with § 79.708 of the Fire Code of the city.

('64 Code, § 16-53; Ord. 726, passed 12-22-87)

Cross reference— Penalty, see § 10.97

Installation and maintenance of electrical equipment shall conform to the National Electrical Code and the State of California Electrical Safety Orders and the zoning ordinance of the city.

('64 Code, § 16-54; Ord. 512, passed 1-13-77; Am. Ord. 726, passed 12-22-87)

Cross reference— Penalty, see § 10.97

No internal combustion engine, storage tanks, boiler, fired equipment or open flames, except welding supervised by the production foreman, drilling foreman, drilling engineer, drilling supervisors or safety supervisors, shall be located closer than 25 feet to a producing well or closer than 100 feet to a drilling well. Internal combustion engines, and their fuel tanks, used in the drilling, production and servicing of oil wells are exempt from the above provisions. During drilling operations on a drill site of two acres or less in area where two or more wells are drilled and drilling and production equipment are located on such sites, the provisions in this section relating to distances of storage tanks may be altered at the discretion of the Fire Chief after consideration of the special features, such as topographical conditions, nature of occupancy, proximity to buildings on adjoining property and height and character of construction of such buildings, capacity and construction of proposed tanks, character of liquids to be stored, degree of private fire protection to be provided, and facilities of the Fire Department to cope with flammable liquid fires.

('64 Code, § 16-55; Ord. 512, passed 1-13-77; Am. Ord. 726, passed 12-22-87)

Cross reference— Penalty, see § 10.97

The engines used in connection with the drilling of any oil well or in any production equipment of any oil well shall be equipped with an exhaust muffler to prevent excessive or unusual noise. Means shall be provided on all engines used during drilling operations to prevent the escape of flames, sparks, ignited carbon and soot.

('64 Code, § 16-56; Ord. 512, passed 1-13-77; Am. Ord. 726, passed 12-22-87)

Cross reference— Penalty, see § 10.97

Flammable waste gases or vapors escaping from a production drill site shall be reinjected into the underground reservoir; such gases or vapors shall be burned only in emergency situations to prevent hazardous concentrations when reinjection is not possible.

('64 Code, § 16-57; Ord. 512, passed 1-13-77; Am. Ord. 726, passed 12-22-87)

Cross reference— Penalty, see § 10.97

Approved means of ignition shall be provided whenever hydrocarbon gases are released to the air through flares.

('64 Code, § 16-58; Ord. 512, passed 1-13-77; Am. Ord. 726, passed 12-22-87)

Cross reference— Penalty, see § 10.97

(A) No person shall permit the discharge of any liquid containing crude petroleum or its products into or upon any street, public highway, drainage canal or ditch, storm drain or flood-control channel.

(B) No person shall permit any oil, waste oil, refuse or waste material to be on the surface of the ground, under, around or near any oil well, equipment tank or building except within a tank, a covered concrete pit or catchment basin.

(C) All land within 25 feet of any oil well, flammable liquid tank or other appurtenance to any such well shall be at all times kept free and clear of dry weeds, grass, rubbish or other combustible debris. When this distance is not sufficient to provide reasonable fire safety, a greater distance may be required by the Fire Chief.

('64 Code, § 16-59; Ord. 512, passed 1-13-77; Am. Ord. 726, passed 12-22-87)

Cross reference— Penalty, see § 10.97

No person shall smoke or cause, permit or allow another person to smoke within 50 feet of any well, tank location or any area contaminated by oil or waste gas.

('64 Code, § 16-60; Ord. 512, passed 1-13-77; Am. Ord. 726, passed 12-22-87)

Cross reference— Penalty, see § 10.97

A minimum of two fire extinguishers shall be maintained at all oil well locations where drilling, servicing or repair work is being conducted. Each such extinguisher shall have a minimum classification of 40B as set forth in National Fire Protection Association Pamphlet No. 10, "Standard for Portable Fire Extinguishers," in accordance with § 10.301 of the Fire Code of the city.

('64 Code, § 16-61; Ord. 512, passed 1-13-77; Am. Ord. 726, passed 12-22-87)

Cross reference— Penalty, see § 10.97

(A) An Idle Well is one that is not being used for production of oil, gas, or wastewater or for injection or disposal. An owner or operator shall be allowed to maintain one idle well for each two active wells owned or operated by the operator within a given lease provided that:

(1) The well is listed on the Department of Conservation, Division of Oil, Gas and Geothermal Resources' (DOGGR) most recent annual list of idle wells; and

(2) The required annual permit fee has been paid and permit issued by the city.

(3) No well drilled or redrilled after January 1, 1987 shall be eligible for inclusion in the count of active wells used to determine the number of idle wells an owner or operator is allowed to have.

(B) A well that remains idle for three years commencing July 1, 1988 shall be subject to a review by the city and DOGGR based on a report submitted by the operator to determine whether it has a legitimate future use or should be abandoned as a public nuisance. If the well is not abandoned, the operator of the well shall submit a report on the status and mechanical condition of the well every third year thereafter to the City's Department of Fire-Rescue (Fire Department) and Director of Planning and Development (Director) or on demand by the Fire Department or Director for a new determination of status.

(C) The Fire Department may require that the well be inspected and tested under the direction of a registered petroleum engineer or other qualified persons if there are grounds to believe that the certification is faulty or inaccurate.

('64 Code, § 16-62; Ord. 512, passed 1-13-77; Am. Ord. 726, passed 12-22-87; Am. Ord. 1075, passed 8-25-16; Am. Ord. 1076, passed 9-8-16; Am. Ord. 1104, passed 8-8-19)

Cross reference— Misdemeanor offenses, see § 117.004; Penalty, see § 10.97

(A) Should an operator wish to retain an idle well in excess of the permitted ratio of one idle well for each two active wells owned or operated by the operator within a given lease, said operator may apply to the City Manager for a three-year waiver of abandonment on behalf of that well. The burden of proof shall be on the applicant seeking such a waiver.

(B) The City Manager shall state in writing his or her reason for the decision and shall duly notify the operator. If the operator is aggrieved by the City Manager's decision, an appeal may be made to the City Council as provided in §§ 117.160 et seq. Appeal to the City Council must be filed within 30 days of receipt of the City Manager's written decision.

('64 Code, § 16-63; Ord. 726, passed 12-22-87; Am. Ord. 1104, passed 8-8-19)

An idle well as described in § 117.120 is hereby found and determined to be a public nuisance when it is:

(A) Not part of a city approved program of future use, i.e., not a permitted idle well under § 117.120;

(B) The permit fee and permit are not current and paid up;

(C) It has been idle in excess of three years and fails its § 117.120 review for usefulness and mechanical condition.

('64 Code, § 16-64; Ord. 512, passed 1-13-77; Am. Ord. 726, passed 12-22-87)

Cross reference— Misdemeanor offenses, see § 117.004; Penalty, see § 10.97

Whenever in the opinion of the City Manager a well is determined to be a public nuisance, he shall send notice thereof by registered mail to:

(A) The owner of the fee simple interest in the land on which such well is situated as shown on the last equalized assessment roll;

(B) The owner of the mineral lease on which such well is situated as shown on the last equalized assessment roll; and

(C) The permittee of such well as shown on the records of the Fire Chief of the city.

('64 Code, § 16-65; Ord. 512, passed 1-13-77; Am. Ord. 726, passed 12-22-87)

From the date of any notice given by the City Manager pursuant to § 117.123, it shall be unlawful for any person to activate any well which is designated in such a notice as a public nuisance well. No such well shall be placed back into active service unless the owner or operator thereof receives permission to do so under a decision or exception rendered pursuant to an appeal filed under § 117.125.

('64 Code, § 16-66; Ord. 668, passed 5-23-85; Am. Ord. 726, passed 12-22-87)

Cross reference— Misdemeanor offenses, see § 117.004; Penalty, see § 10.97

(A) Within 30 days after notice of a public nuisance well is sent pursuant to § 117.123, the owner or the operator thereof may apply to the City Manager for a decision that the well is not a public nuisance as defined in § 117.122, or for an exception to the required abandonment. The burden of proof shall be on the applicant in seeking such an exception.

(B) The City Manager shall state in writing his or her reasons for the decision and shall duly notify the owner or operator. If the owner or operator is aggrieved by the City Manager's decision, an appeal may be made to the City Council as provided in §§ 117.160 et seq. Appeal to the City Council must be filed within 30 days of receipt of the City Manager's written decision.

('64 Code, § 16-67; Ord. 512, passed 1-13-77; Am. Ord. 726, passed 12-22-87; Am. Ord. 1104, passed 8-8-19)

(A) Within 120 days after notice of a public nuisance well has been sent by the City Manager as provided in § 117.123 or a notice of intention to abandon a well has been filed with the DOGGR in accordance with the provision of § 117.127 by the owner or operator; said owner and operator shall abandon the well pursuant to § 117.127 of this chapter.

(B) If the owner or operator fails to abandon the well within the prescribed 120 days, the city may, at its option, perform abandonment. The cost thereof, plus an administrative charge in an amount to be determined from time to time by resolution of the City Council, may be recovered from the owner or operator by any means permitted by state law.

('64 Code, § 16-68; Ord. 512, passed 1-13-77; Am. Ord. 726, passed 12-22-87; Am. Ord. 1075, passed 8-25-16; Am. Ord. 1076, passed 9-8-16)

Cross reference— Misdemeanor offenses, see § 117.004; Penalty, see § 10.97

A well shall be considered properly abandoned for the purpose of this section when all of the following events have occurred:

(A) If applicable, any holes associated with a well have been filled with native earth and compacted to a 90-percent compaction factor (ATES).

(B) The derrick and all appurtenant equipment thereto have been removed from the drill site. All drilling and production equipment, tanks, towers and other surface installations used in connection with the well shall have been removed from the drill site or tank farm site. The cleaning of the site shall comply with the regulations of DOGGR.

(C) All buried pipelines shall have been excavated and removed or, if approved by the Fire Chief, purged of all hydrocarbon substances and filled with water-base drilling mud or other inert materials. The surface of the land, insofar as practicable, has been left in a neat and orderly condition.

(D) The depth from ground level to the top of the well casing shall be a minimum of five feet and a maximum of ten feet unless a different cut-off depth is approved by DOGGR.

(E) A permit to abandon the well shall be obtained from the Fire Department prior to abandonment. The Fire Chief or his designee shall witness the pouring of the last 25 feet of the cement well plug and the welding of a plate across the top of the well. The plate on the top of the abandoned well shall conform to current DOGGR requirements and include the date of abandonment. The Fire Chief or his designee shall inspect and certify in writing that the well has been properly abandoned in accordance with provisions of this section.

(F) A copy of the DOGGR Report of Well Abandonment or other final determination has been provided to the Fire Chief and the Director.

('64 Code, § 16-69; Ord. 512, passed 1-13-77; Am. Ord. 584, passed 6-10-80; Am. Ord. 726, passed 12-22-87; Am. Ord. 1075, passed 8-25-16; Am. Ord. 1076, passed 9-8-16; Am. Ord. 1104, passed 8-8-19)

Cross reference— Misdemeanor offenses, see § 117.004; Penalty, see § 10.97

Upon receipt of a report and recommendation from the City Manager, the Fire Chief may make a determination that an idle well has been deserted by an owner or operator. The Fire Chief shall follow the procedures set forth in Cal. Public Resources Code § 3237 (and as amended in the future) in making a determination that an idle well has been deserted and shall provide the owner or operator the requisite notice of its determination. The city may, in addition to any other proceeding provided for by law, proceed against and collect from the bond filed by the owner or the operator and, with the proceeds thereof, the city may perform whatever work or services as are necessary to abandon properly any such well and restore the premises in accordance with the provisions of this chapter.

('64 Code, § 16-70; Ord. 512, passed 1-13-77; Am. Ord. 726, passed 12-22-87; Am. Ord. 1104, passed 8-8-19)

Prior to the issuance by the city of a building or grading permit for property upon which there are any active or abandoned wells, the applicant shall complete all of the following:

(A) Obtain a construction site well review from DOGGR.

(B) Conduct a soils gas study in accordance with § 117.131.

(C) Obtain a permit from the Fire Department to expose all former wells, survey their location and test each well for gas or fluid leaks under the supervision of an oil and gas professional authorized by the Fire Department. Conduct this leak test and submit results to the Fire Department.

(D) Provide a well access site map to the Planning Department for approval. The site map shall include all of the following:

(1) Detailed location of each well including the depth from ground level to the top of the well casing of each abandoned well in relation to finished grade.

(2) Demonstrate how vehicles and abandonment equipment will access each well from the public right-of-way.

(3) Demonstrate that adequate setbacks will be provided for setting up abandonment equipment around each well.

(E) Obtain a permit from the Fire Department for the installation of a vent cone and related equipment for all abandoned wells located below or in close proximity to the proposed new construction.

(F) Agree to implement all mitigation measures required by the Fire Chief including, but not limited to, installation and maintenance of methane barriers, vents/blowers, alarms and the like (collectively, "Methane Mitigation Systems").

(G) If applicant performs a leak test pursuant to § 117.129(C) and the test indicates the well is leaking, applicant shall abandon or reabandon the well pursuant to § 117.127.

(H) File an indemnity bond pursuant to Cal. Public Resources Code §§ 3204 or 3205.

(I) Execute and record against the property an environmental release and indemnity agreement providing that the property owner and his assignees, release, indemnify and hold harmless the city against any and all claims, obligations, and causes of action of any kind or nature whatsoever, known or unknown, for personal injury or death, property damage, economic loss, and fines and penalties. The City Attorney shall approve the form of the disclosure and indemnity agreement.

('64 Code, § 16-71; Ord. 726, passed 12-22-87; Am. Ord. 1075, passed 8-25-16; Am. Ord. 1076, passed 9-8-16; Am. Ord. 1104, passed 8-8-19)

Cross reference— Misdemeanor offenses, see § 117.004; Penalty, see § 10.97

If DOGGR determines that a well has not been abandoned to its current standards, the Director, in consultation with the Fire Chief, may conditionally authorize issuance of a building and/or grading permit for a property if the following conditions are met:

(A) The applicant meets the requirements of § 117.129(A) through (I). For construction over an abandoned well, § 117.129(D) may be waived by the Director in consultation with the Fire Chief.

(B) The applicant shall obtain, at his sole cost, a certified report from a California-licensed professional engineer or geologist qualified and experienced with oil well abandonment indicating that it is not reasonable or feasible for the applicant to do additional well abandonment work in order to meet current DOGGR abandonment standards. The engineer's or geologist's report shall:

(1) Demonstrate that, as abandoned, the well will not pose any significant risk to public health, safety, welfare or the environment.

(2) Demonstrate that (a) the well is a safe distance from any existing or proposed structures or improvements; and (b) in the event the Fire Department or DOGGR orders reabandonment of the well, the applicant has adequate access to the well. This requirement does not apply to construction over an abandoned well.

(3) Provide abandonment or mitigation measures that would be necessary to mitigate any long-term significant risks once the site is developed.

(C) The applicant agrees to implement all methane mitigation systems required by the Fire Chief. The Fire Chief, in conjunction with the Director, is authorized to obtain expert analysis in order to determine whether the conditions identified in § 117.130 have been met. The cost of such expert analysis shall be paid by the applicant.

(Ord. 1104, passed 8-8-19)

Cross reference— Misdemeanor offenses, see § 117.004

(A) A soil gas investigation to identify the concentration of methane gas in the subsurface is required if any of the following situations apply:

(1) Construction within the city's methane zone which meets either of the following (subsequently referred to "regulated construction"):

(a) New commercial/industrial construction.

(b) Modification to existing structures when the valuation of the modification is equal to or greater than 25 percent of the assessed value of the existing structures.

(2) The granting of a subdivision map, conditional use permits necessitating ground disturbance, or development plan approval, when the property falls within the city's methane zone.

(3) Existing conditions at the site warrant a soil gas investigation in the opinion of the Fire Chief or his designee.

(B) The methane zone is that area depicted on the city's methane zone map. The methane zone encompasses land in the city which is within 1,000 feet of a landfill or within 500 feet of an existing or abandoned oil well. The city's methane zone map is adopted by reference as if set forth in full in this section. A copy of the city's methane zone map is available for public inspection on the city's website or at city offices during regular business hours.

(C) A minimum of two soil gas monitoring wells are required for all regulated construction. Additional monitoring wells are required based on the size of the proposed project. One additional monitoring well is required per 10,000 square feet of building area for buildings exceeding 20,000 square feet. An alternative proposal as to the number of monitoring wells may be considered at the discretion of the Fire Chief.

(D) General monitoring and mitigation requirements for regulated construction within the methane zone:

(1) Prior to construction, obtain approval from the Fire Department for a soil gas investigation showing the proposed location(s) and design of the monitoring wells, in accordance with § 117.131(C).

(a) Monitoring wells shall initially be sampled at least two times within a period of seven days.

(b) The initial sampling shall not occur within two days of precipitation for first sampling event or at any time between the first and second sampling event.

(2) Soil gas shall be monitored quarterly after construction is complete. All soil gas monitoring reports required by this section shall be sent to the Fire Chief. If the permanent monitoring well locations are different than the location of the initial monitoring wells, approval from the Fire Department is required prior to installation of the permanent monitoring wells. If the quarterly monitoring reveals methane levels less than 25 percent of the lower explosive limit (i.e., 1.25 percent by volume in air or 12,500 ppm/v) during the first year, the system shall be monitored annually thereafter. In cases where methane levels are less than 2.5 percent of the lower explosive limit (i.e., .125 percent by volume in air or 1,250 ppm/v) the Fire Chief may waive the annual monitoring requirement upon written request. The granting of the waiver shall be at the discretion of the Fire Chief.

(E) Based on the results of the soils gas monitoring or on information available on surrounding properties, property owners shall implement any other mitigation measures as required by the Fire Chief.

(F) In lieu of the initial soil gas investigation, a methane mitigation system approved by the Fire Department may be installed.

(G) Methane mitigation systems shall be required for any regulated construction if any of the following apply:

(1) The initial monitoring reveals methane levels in excess of 25 percent of the lower explosive limit (i.e., 1.25 percent by volume in air or 12,500 ppm/v).

(2) The regulated construction will impede access to an abandoned oil well.

(3) Quarterly or annual monitoring reveals methane levels greater than 25 percent of the lower explosive limit (i.e., 1.25 percent by volume in air or 12,500 ppm/v).

(H) Where regulated construction takes place in the methane zone and which incorporates sensitive land uses (e.g., residential developments, places of public assembly, hospitals, restaurants, schools, and the like), a methane mitigation system may be required regardless of the methane levels detected at the discretion of the Fire Chief.

(I) The design of a methane mitigation system for property within the methane zone shall be in accordance with the requirements of the Los Angeles County Department of Public Works and City Fire Department.

(J) If required by the Fire Department, the building owner shall be responsible for ensuring that annual inspections of the methane mitigation systems are completed. Reports of these inspections shall be conducted under the oversight of a registered petroleum engineer or other qualified persons and submitted to the Fire Department. A fine shall be charged, as established by resolution of the City Council, for each methane mitigation system found to be inoperative or improperly maintained.

(K) Methane barrier systems shall include permanent monitoring vapor probes above and below the barrier unless an alternative design is approved by the Fire Chief.

(L) In extraordinary cases, e.g., where methane in excess of 25 percent of the lower explosive limit (i.e., 1.25 percent by volume in air or 12,500 ppm/v) can be demonstrated to be a non-repetitive incident, a registered petroleum engineer or other qualified persons may request a waiver by the Fire Chief for the installation of a methane mitigation system. The granting of the waiver shall be at the discretion of the Fire Chief.

(M) Where gas detection systems are used, they shall be designed by and installed under the supervision of registered engineers. The design and installation shall be inspected and approved by the Fire Department.

(1) Following installation, a readily visible sign shall be posted which reads: "Gas Detection Alarm. In the event of an alarm, evacuate the building and call the Fire Department, 911. Do not disconnect under penalty of law."

(2) The property owner shall provide Fire Department access to the alarm panel and the building in which it is installed as well as the alarm reset code by means of an approved key box system. Keys shall be clearly and permanently identified.

(Ord. 1104, passed 8-8-19)

Cross reference— Misdemeanor offenses, see § 117.004; Penalty, see § 10.97

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

('64 Code, § 16-74; Ord. 512, passed 1-13-77; Am. Ord. 726, passed 12-22-87)

Cross reference— Penalty, see § 10.97

For the purpose of this subchapter, the following definition shall apply unless the context clearly indicates or requires a different meaning.

Oil Well Site. That portion of any lot or parcel of land on which is located any well or other facility used for the production and storage of oil, gas or other hydrocarbon substances, which should be enclosed in order to prevent unauthorized persons from gaining access.

('64 Code, § 16-75; Ord. 512, passed 1-13-77; Am. Ord. 726, passed 12-22-87)

(A) Every oil well site shall be completely enclosed by a chain link fence or a masonry wall. Perimeter fencing of the entire property or any portions thereof may be permitted as an alternative; provided, that such fencing is sufficient to prevent unauthorized persons from gaining access to the well or producing and storage facilities; as an alternative to perimeter fencing of storage tanks, fencing of access to the steps and ladders of storage tanks may be permitted subject to the approval of the Fire Chief.

(B) Fencing, walls, gates, and the like, shall comply with the requirements of the State DOGGR.

(C) If chain link fence is used, the City Manager may require the installation of metal, plastic or wooden slats for screening purposes upon a finding that such screening is needed to provide greater compatibility with existing or future development of the land in the adjacent areas.

(D) Existing oil well sites shall be enclosed in accordance with this subchapter within one year after the effective date of this chapter (January 27, 1977).

('64 Code, § 16-76; Ord. 512, passed 1-13-77; Am. Ord. 726, passed 12-22-87; Am. Ord. 1075, passed 8-25-16; Am. Ord. 1076, passed 9-8-16)

Cross reference— Penalty, see § 10.97

Each oil well site enclosure wall or fence shall be equipped with gates which shall be located and constructed in a manner approved by the Fire Chief.

('64 Code, § 16-77; Ord. 512, passed 1-13-77; Am. Ord. 726, passed 12-22-87)

Cross reference— Penalty, see § 10.97

(A) Any oil well site which on the effective date of this chapter (January 27, 1977), is enclosed with a fence or wall which, in the opinion of the Fire Chief, substantially meets the requirements of this subchapter may retain such existing fence or wall.

(B) Any oil well site which on the above-mentioned effective date is enclosed with a fence or wall which, in the opinion of the Fire Chief, does not substantially meet the requirements of this subchapter shall be either reconstructed in accordance with the provisions of such sections, or reconstructed in a manner such that, in the opinion of the Fire Chief, it substantially meets the requirements of this subchapter.

('64 Code, § 16-78; Ord. 512, passed 1-13-77; Am. Ord. 726, passed 12-22-87)

(A) Notwithstanding any other provisions of this subchapter to the contrary and except as provided in division (B) of this section, fences and walls shall not be placed in the front and exterior side yard setback area established by the zoning ordinance of the city.

(B) Provided that, however, any oil well, storage tank or related facility which, on the effective date of this chapter, is located in such a setback area shall be fenced or walled in accordance with the other provisions of this subchapter; except that such fence or wall shall not extend into any dedicated right-of-way.

('64 Code, § 16-79; Ord. 512, passed 1-13-77; Am. Ord. 726, passed 12-22-87)

Cross reference— Penalty, see § 10.97

(A) All equipment and structures shall be painted and maintained in a neat and clean condition.

(B) Any oil well sites abutting a public street which is paved and open to traffic shall be subject to additional landscaping and screening requirements in the areas between the street right-of-way line and the enclosure fence or wall, if so determined by the City Manager.

(C) Landscaping shall be maintained in a neat and orderly manner as prescribed by the City Manager.

('64 Code, § 16-80; Ord. 512, passed 1-13-77; Am. Ord. 726, passed 12-22-87)

Cross reference— Penalty, see § 10.97

The City Council shall have and exercise the power to hear and determine appeals where it is alleged there is error or abuse or discretion in any order, requirements, decision or determination made by the City Manager or Fire Chief in the adminis-tration or enforcement of any of the provisions of this chapter. The City Council shall also hear appeals for exceptions to the provisions of § 117.040 in regard to the location of wells, and shall make determinations in regard to excess idle wells set forth in § 117.121, public nuisance wells set forth in § 117.125 and the desertion of wells as set forth in § 117.128.

('64 Code, § 16-81; Ord. 512, passed 1-13-77; Am. Ord. 726, passed 12-22-87)

An appeal to the City Council shall be in writing and shall be filed in triplicate in the office of the City Clerk within 30 days of the action or decision being appealed. An appeal from any order, requirement, decision or determination by the City Manager or Fire Chief shall set forth specifically wherein it is claimed there was an error or abuse of discretion by his action or where the decision is not supported by evidence in the matter.

('64 Code, § 16-82; Ord. 512, passed 1-13-77; Am. Ord. 726, passed 12-22-87)

Within five days after the filing of the appeal pursuant to § 117.156, the City Manager shall transmit to the City Council all papers involved in the proceedings. In addition, he may make and transmit to the City Council such supplementary reports as he may deem necessary to present clearly the facts and circumstances of this case.

('64 Code, § 16-84; Ord. 512, passed 1-13-77; Am. Ord. 726, passed 12-22-87)

Upon receipt of the record required by § 117.157, the City Council shall set the matter for hearing and give notice by mail of the time, place and purpose thereof to the appellant and to the City Manager and all person having an interest in the land, as shown on the last assessment roll, and any other party at interest who has requested in writing to be so notified and no other notice need be given.

('64 Code, § 16-84; Ord. 512, passed 1-13-77; Am. Ord. 726, passed 12-22-87)

Upon the date set for the hearing of an appeal of the administration or enforcement of this chapter, the City Council shall hear the appeal unless for cause the City Council shall on that date continue the matter. No notice of continuance need be given if the order therefor is announced at the time for which the hearing was set.

('64 Code, § 16-85; Ord. 512, passed 1-13-77; Am. Ord. 726, passed 12-22-87)

Upon the hearing of appeals pursuant to this subchapter, the City Council may affirm, change or modify the ruling, decision or determination appealed from or, in lieu thereof, may make such other or additional determination as it shall deem proper in the premises, subject to the same limitations as are placed upon the City Manager by this chapter and by other provisions of law.

('64 Code, § 16-86; Ord. 512, passed 1-13-77; Am. Ord. 726, passed 12-22-87)