Article 9 — SITE MAINTENANCE.

The provisions of this Article 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 Article.

(Amended by O-1954)

The term oil well site as used in this Article 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, or other facility for the production of oil, gas or other hydrocarbon substances; provided, however, that any lot or parcel of land smaller than ten thousand (10,000) square feet in area shall be considered in its entirety to be an oil well site.

(Amended by O-1954; O-2506; O-2642)

a) Every oil well site shall be completely enclosed by a chain link fence or a masonry wall; provided, however, that (except on sites smaller than 10,000 square feet in area) the well head, storage tanks and other facilities may be separately so enclosed in accordance with the provisions of Section 97.9.4

b) Fence gates on any well site shall be left locked at all times when unattended.

c) Temporary fencing shall be erected pursuant to the provisions of Section 97.9.34

(Amended by O-1954)

a) If any well head, storage tank, heater or other facility for the production of oil is more than fifty (50) feet away from any other facility for the production of oil which is located on the same oil well site, such first mentioned facility may be separately fenced unless prohibited by Section 97.9.3

b) If, in the opinion of the City Manager, the fencing of an entire oil well site or the fencing of the separate facilities on such site, in accordance with said fifty (50) foot formula would result in the inability of the operator to properly service or maintain the facilities on the site, he may authorize the construction of separate fencing facilities in accordance with a different formula which would enable such operator to properly service or maintain such facilities.

c) Temporary fencing shall be erected pursuant to the provisions of Section 97.9.34

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. The provisions of Section 74.3.1., et seq. relating to dedication of right-of-way and construction of improvements shall not be applicable to the issuance of such permit.

(Amended by O-1933)

• a) All chain link fences used to enclose in whole or in part any oil well site shall meet the following specifications:

• 1. The fence fabric shall be at least six (6) feet in height.
• 2. The support posts shall be buried into the ground to a depth which complies with the provisions of the Building Code governing windloading.
• 3. The fence shall be topped with a V-shaped support for barbed wire. The support shall have an internal and external angle of forty-five (45) degrees (a total angle of ninety (90) degrees). Each side of the V shall have three (3) rows of four (4) point barbed wire equally spaced.
• 4. The chain link fabric shall be galvanized steel wire with a minimum plating of 1.2 ounces of zinc per square foot of surface area with both selvages barbed.
• 5. The chain link fence fabric shall have a minimum thickness of eleven (11) gauge.
• 6. The chain link fabric shall be two (2) inch mesh; provided, however, three and one-half (3-1/2) inch mesh may be used on any fence where the fabric is interwoven with artificial screening of redwood slats and the Director of Building and Safety determines that the interwoven mesh is equal in safety to a two (2) inch mesh without such slats.
• 7. Post and rails shall be standard galvanized weld or stainless pipe schedule forty (40) or thicker; provided, however, that non-galvanized drill pipe may be used if it exceeds schedule forty (40) in thickness.
• 8. All pipe and other ferrous parts, except chain link fabric and drill pipe, shall be galvanized inside and outside with a plating which contains a minimum of 1.2 ounces of zinc per square foot of surface area.
• 9. Tension rods shall be three-eights (3/8) inch round steel bolt stock. Adjustable tighteners shall be turnbuckle or equivalent having a six (6) inch minimum take up. Tension bars shall have a minimum thickness of 1/4 x 3/4 inch.
• 10. Concrete mix shall be Class C.

b) In addition to meeting said specifications, all such fences shall be constructed in accordance with standard engineering practices and in accordance with the Torrance General Chain Link Fence Drawing No. 1 on file in the office of the City Engineer.

(Amended by O-1933)

a) Posts. Gate and terminal posts shall have a minimum outside diameter of 2-7/8 inches, and shall have a minimum weight of 5.79 pounds per linear foot. Line posts shall have a minimum outside diameter of 1-7/8 inches, and shall have a minimum weight of 2.72 pounds per linear foot. All types of posts shall have a maximum outside diameter of four (4) inches.

• b) Top rail. Shall be 1-7/8 inch outside diameter with a weight of 2.27 pounds per linear foot.

• c) Tension wire. Shall be nine (9) gauge.

• d) Tie Wire. Shall be nine (9) gauge spaced twelve (12) inches center to center.

• e) Gate Frame. Shall be two (2) inch outside diameter pipe per pipe schedule listed in this specification.

• f) Fence and gate post footing shall be as follows:

• 1. Terminal Posts and Gate Posts. Footing shall be ten (10) inches by thirty-six (36) inches with post immersed thirty (30) inches in mix.
• 2. Line Posts. Footing shall be eight (8) inches by thirty (30) inches with post immersed twenty-four (24) inches in mix.

All masonry walls used to enclose in whole or in part any oil well site shall be constructed in accordance with standard engineering practices and shall meet the following specifications:

a) The wall shall be of a decorative design approved by the City Manager as being compatible with the facilities, buildings and structures on and adjacent to the site.

• b) The wall shall be at least six (6) feet in height.

c) It shall be topped with a V-shaped support for barbed wire having an internal and external angle of forty-five (45) degrees. Each side of the V shall have three (3) rows of four (4) point barbed wire equally spaced.

d) It shall be constructed in accordance with the provisions of the City’s Building Code.

All chain link fences and masonry walls shall be equipped with at least one (1) gated area. The gated areas shall meet the following specifications:

a) Each gated area shall be twelve (12) feet wide and be composed of two (2) 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 specifications of Section 97.9.6. and Section 97.9.7

c) They shall be provided with a combination catch and locking attachment device for a padlock, which device shall be approved by the Fire Chief, and shall be 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.

d) Hinges shall be heavy duty malleable iron or steel industrial service type, with a 180 degree swing.

(Amended by O-2477; O-2748)

a) Any oil well sites which on October 1, 1969, are enclosed with a fence or wall which, in the opinion of the City Manager substantially met the requirements of Sections 97.9.4. to 97.9.9. inclusive may retain such existing fence or wall until July 1, 1978. Thereafter, such site shall fully comply with the following provisions:

1. All oil well sites shall have at least one (1) fence reconstructed and maintained to meet the following requirements:

a) The fence fabric shall be constructed of chain link; the fence gauge shall be no less than that of the existing fence; and the fence shall be at least six (6) feet in height; provided, however, that a block wall at least six (6) feet in height may be substituted for such fence.

b) The fence shall be topped with a V-shaped support for barbed wire; the support shall have a minimum angle of forty-five (45) degrees and a maximum angle of ninety (90) degrees; the support shall be welded to prevent movement of the extension arm; and each side of the V shall have three (3) rows of four (4) point barbed wire equally spaced; provided, however, that barbed wire shall not be required for any fence or wall that is equipped with an electrical device which automatically shuts off the oil well pumping unit which is enclosed by such fence or wall when a person climbs such fence or wall.

c-1) The top rail of the site enclosure fence shall have a minimum outside diameter of 1-5/8 inch with a minimum weight of 2.27 pounds per linear foot; or.

2. The top rail of the pumping unit enclosure fence shall have a minimum outside diameter of one (1) inch with a minimum weight of 0.92 pounds per linear foot; or.

3. A sucker rod may be substituted for such top rail; provided, however, that the span of such sucker rod shall not exceed ten (10) feet.

d) The fence shall meet the test requirements of Section 97.9.36.

2. Existing perimeter fences which are not used to satisfy the requirements of subsection 1) shall be maintained in a manner which, in the opinion of the City Manager, substantially meets all City Code requirements.

3. Any new fence installed shall meet all City Code requirements.

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 area of any lot or parcel of land as presently constituted or as planned for future use as shown on any element of this City’s general plan, or any master zoning plan or area zoning plan adopted by the City Council or as implied from any master plan of streets and highways adopted by the City Council.

b) Provided, however, any oil well, storage tank or heater which on October 1, 1968, is located in such a setback area shall be fenced or walled in accordance with the other provisions of this Article, except that such fence or wall shall not 1) extend into any dedicated and improved right-of-way, or 2) extend outward from such well, tank or heater for a distance of more than twenty (20) feet in any direction.

a) All pumping units, storage tanks and heaters and exposed pipelines, and any building or structure located on an oil well site, shall be painted at least every three (3) 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 it 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.

(Amended by O-2060; O-2177)

a) Storage tanks shall be constructed, maintained and located in accordance with the provisions of Section 15.201 et seq. of the Uniform Fire Code and any amendments thereto, as adopted by the City.

b) No person shall own, operate or maintain any tank for the storage of crude petroleum which is located closer to the nearest line of adjoining property than the distances prescribed in Table 15.202 of the Uniform Fire Code, 1961 Edition, and any amendments thereto, unless the Fire Marshal shall determine that, in his judgment, such tank does not constitute a fire hazard.

c) In making such determination, the Fire Marshal shall consider among others, the criteria set forth in Section 15.202(c) of said Fire Code, and whether such tank is constructed and maintained in compliance with the provisions of 1) Sections 15.203 to 15.209 inclusive of said Fire Code, 2) the Building Code of the City of Torrance, and 3) all other applicable laws.

d) Any person owning, operating or maintaining any tank in a location prohibited by the provisions of subsection b) of this Section shall relocate or remove such tank prior to January 1, 1971.

e) No person shall own, operate, maintain or use any tank for the storage of crude petroleum which has any area or part thereof which is severely rusted, corroded, buckled or in any condition which poses a hazard of bursting or of severe leakage or of any other danger to persons or other property.

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, its useful life has been substantially completed or the vessel is no longer structurally capable of withstanding all forces required by the Building Code.

(Amended by O-1954)

All property on which is located an oil well site shall at all times be kept free of 1) debris, 2) pools of oil, water or other liquids, 3) weeds, 4) brush and 5) trash.

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.

(Amended by O-2477)

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

b) Lumber, pipes and casing shall not be left on the site, except when drilling operations are being conducted on the site.

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

d) It shall be illegal for any person to park or store any vehicle or item of machinery in any driveway included under Section 97.9.18, other than a vehicle or item of machinery required for the maintenance of the oil well site, or for the gathering or transportation of hydrocarbon substances on the site. The exceptions established under this subsection d) shall not apply to vehicles or items of machinery parked or stored in any said driveway where presence does not coincide in time with actual maintenance of the oil well site, or with the gathering or transportation of hydrocarbon substances on the site.

(Amended by O-2477)

All driveways shall be constructed according to City standards for commercial parking lots and shall be maintained at all times. They shall be kept free of oil spillage and accumulation of residue and debris. Driveways shall be required for all lots upon which oil well sites are situated unless they are excepted under Section 97.9.24 of this Code and shall be installed within the same time allowed for landscaping installation under Sections 97.9.21. and 97.9.22. Such driveways shall extend at least from the edge of the street pavement to the fence required by this Code. Where curb and gutter are in, driveway aprons shall be constructed per City standards for commercial uses and under Engineering Department specifications and approval.

On and after January 1, 1971, all oil well pumping units shall be operated by either electrical or hydraulic means.

(Amended by O-1945; O-2477)

All lots and parcels upon which oil well sites are situated shall be landscaped in such a manner by the operator of the oil well site as meets the approval of the City Manager.

(Amended by O-2477)

a) The City Manager is authorized to conduct inspections of lots and parcels upon which are situated oil well sites from time to time within the City to determine if such lots and parcels are landscaped in accordance with this Code. If it is determined that existing landscaping does not substantially comply with the requirements of this Code, the City Manager shall issue a notice of noncompliance to the operator of the oil well site.

b) Within ninety (90) days of the issuance of the notice of noncompliance, the operator shall present to the Environmental Quality Commission a detailed plan of landscaping for the subject lot, which plan shall include the date when the landscaping shall be finished.

c) The Commission shall review said plan and may approve, alter, or reject it with comment. If the owner agrees to an altered plan, it shall be deemed approved. If the plan is rejected, the operator shall present another plan satisfactory to the Commission within fifteen (15) days from the date the first plan was rejected, and failure to do so shall constitute a violation of Section 97.9.20. If the owner objects to an altered plan, for the reason that it would significantly hinder or interfere with the operation of the oil well, he may have such altered plan referred to Oil Board for review and comment. Within fifteen (15) days after the Oil Board’s action on the altered plan, it shall be returned to the Environmental Quality Commission for further proceedings under this section.

d) Any landscaping site plan filed with the City Manager for any oil well site on or before December 31, 1968, and approved by him pursuant to the then-existing provisions of the Torrance Municipal Code, shall constitute an approved plan for the purposes of this section. A certificate of compliance shall be issued in accordance with Section 97.9.22. Provided, however, that if the City Manager determines that the operator did not substantially complete the landscaping in conformance with the approved landscaping site plan, this subsection shall have no application.

(Amended by O-2477)

a) Upon approval, the operator shall put his landscaping plan into effect. Upon completion, the City Manager shall conduct an inspection to determine compliance with the plan. If the plan has been properly executed, the Commission shall issue to the operator a Certificate of Compliance whereafter he shall be conclusively presumed to have satisfied Section 97.9.20; except, however, that said Certificate shall not relieve him from maintaining the lot or parcel according to the plan.

b) A copy of the approved landscaping plans shall be kept on file with the City Manager.

(Amended by O-2477)

Failure to submit a plan or to execute it under the preceding Section by the date indicated therein shall constitute a violation of Section 97.9.20. Upon application, the Commission may, in its discretion, extend the time for the submission of the plan, and the City Manager may extend the time for the execution of said plan.

(Amended by O-2477)

The City Manager may grant an exception to the provisions of Section 97.9.20. for any lot upon which an oil well site is situated which meets all of the following conditions:

a) It is located on land zoned for industrial or commercial uses.

• b) It is located more than three hundred (300) feet from any residence.

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

(Amended by O-2477; O-2544)

The Environmental Quality Commission shall approve a landscaping plan other than a site plan approved by the operation of Section 97.9.21.(d) and issue a Certificate of Compliance upon the completion of such plan if the plan provides for the following:

• 1. The maximum screening of oil well site equipment and facilities which is compatible with the appearance of the surrounding residential community.
• 2. The lot or parcel upon which an oil well site is situated shall present an appearance in conformity with the residential nature of the community.
• 3. The location of the landscaping area is established as:

a) Where it will not significantly hinder or interfere with the operation and maintenance of the oil well, the existing and future front and exterior side setback area as required by the applicable zone and, where necessary, the area around each oil well pump, mast, tank, heater, shipping pump and appurtenances.

b) The existing and future parkways, including future right-of-way areas.

• 4. The extent of landscaping required is established as follows:

a) On all lots or parcels less than ten thousand (10,000) square feet in area, not including parkways or rights-of-way, a minimum of twenty (20) percent of the area shall be landscaped;

b) On all lots or parcels more than ten thousand (10,000) square feet in area, not including parkways or rights-of-way, the minimum area to be landscaped shall be twenty (20) percent for the first ten thousand (10,000) square feet and fifteen (15) percent for the remainder.

5. The landscaping consists of ground cover, shrubs, trees, and other vegetation so arranged, in such combination and of such type, so as to best enhance the appearance of the lot or parcel. The ground cover is to be planted at intervals close enough to assure complete coverage within one (1) season. All landscaping is to be identified in the plan and listed by its botanical name.

• 6. All parkways are to be planted with low ground cover and at least fifteen-gallon size trees, as measured by caliper, such trees to be placed at least every fifty (50) feet.

7. All landscaping shrubs are to be of at least fifteen (15) gallon size set on five (5) feet centers or five-gallon size set on three (3) feet centers in significant numbers and in such arrangement as to best enhance the appearance of the lot or parcel.

• 8. Where the configuration of the lot or parcel permits, every lot or parcel less than ten thousand (10,000) square feet in area is to have at least two (2) two-feet by two-feet box size and four (4) fifteen-gallon size trees or larger, as measured by caliper, so located as to harmonize with the rest of the landscaping and to best enhance the appearance of the site. At least one additional fifteen-gallon size tree is to be included for each one thousand five hundred (1,500) square feet over ten thousand (10,000) square feet.

to have at least two (2) two-feet by two-feet box size and four (4) fifteen-gallon size trees or larger, as measured by caliper, so located as to harmonize with the rest of the landscaping and to best enhance the appearance of the site. At least one additional fifteen-gallon size tree is to be included for each one thousand five hundred (1,500) square feet over ten thousand (10,000) square feet.

9. Where the lot or parcel permits, a setback conforming to the provisions of this Code is established and the setback is to be landscaped pursuant to the provisions of this Code. Where a setback in full compliance with the Code is not physically or practically possible, a setback to a feasible line is to be established. Fences approved pursuant to Section 97.9.10. of this Code shall not be excused from meeting the requirements of this Section.

• 10. Artificial screening may be used to supplement landscaping, but only to the extent that it is compatible with the residential nature of the community.

11. That the landscaped area of the lot or parcel is to be irrigated by a complete underground automatic sprinkler and bubbler system designed and installed so as to allow complete irrigation of all landscaping.

(Amended by O-2477)

The landscaped area of the lot or parcel shall be maintained by the owner in a neat and clean condition and kept well manicured. Dead vegetation and litter shall not be allowed to gather. The replacement of dead trees and other vegetation shall be made in conformance with the approved plan within a reasonable period.

(Amended by O-2477)

All artificial screening, fences, walls, and other materials of a nonvegetative nature shall be repaired, repainted, resurfaced or replaced as needed to conform with the prevailing standard in the residential community.

(Amended by O-2477)

Oil well equipment that is visible shall be kept clean and free of rust and shall be painted in a color approved by the City Manager. The choice of color shall be based upon its unobtrusiveness and its compatibility with the neighborhood.

(Amended by O-2477)

The City Manager may conduct periodic inspections of lots and parcels upon which are situated oil well sites to see that such lots and parcels are maintained in conformance with the provisions of this Code.

(Amended by O-2477)

The City Manager may delegate to any employee of the City under his direction and control any powers and duties conferred on him by the provisions of this Article.

(Amended by O-2477)

Each and every day of noncompliance with Sections 97.9.18., 97.9.20., 97.9.26., 97.9.27. and 97.9.28. shall constitute separate and distinct violations of this Code, and each such separate and distinct violation may be punishable without regard to other violations.

(Amended by O-2477)

Any pipeline, or portion thereof, located above the ground, which is used or was intended for the evacuation of natural gas from oil wells, and which at its nearest point is closer than thirty-five (35) feet from the paved portion of any public street shall be shielded on the traffic side by a barricade as approved by the Director of Transportation. The length of the barricade and the location of the barricade in relation to the pipeline and the street shall be approved, prior to installation, by the Department of Transportation for maximum effectiveness.

(O-2150)

(Amended by O-2477)

a) All natural gas transportation pipelines exposed above the ground shall be painted every three (3) 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 it shall be repainted at such later date. In making such determination, the City Manager shall consider the degree of rust and appearance of the exposed pipeline.

b) The natural gas transportation pipelines exposed above the ground shall be kept reasonably free of 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.

(O-2150)

(Added by O-2642)

Equipment which is left unattended at a well site and which is not enclosed by the fence provided in Section 97.9.3. of this Article shall be completely enclosed by a fence or screen sufficient to prevent unauthorized persons from gaining access to such equipment or site. Such fence or screen shall meet the following specifications:

1. The fence shall have a minimum height of six (6) feet;

• 2. The fence shall be self-supporting and well braced;
• 3. The fence shall be placed at a minimum distance of three (3) feet away from the extremity of the equipment intended to be enclosed;
• 4. The fence shall be topped with three (3) rows of four (4) point barbed wire equally spaced.

(Added by O-2748)

Strength tests, impact tests or other tests and Engineering calculations may be required on materials and components of oil site fences in accordance with the procedures and methods set forth below:

a) Chainlink fence fabric shall meet the minimum breaking strength shown on Table 1. Specimens to establish conformance to this requirement shall be chosen from individual pickets comprising a section of the fence fabric. The specimens shall be of sufficient length so as to be firmly gripped in the testing machine after straightening. The actual gage length (distance between jaws) of the specimen shall be limited to the undeformed length of wire between the two adjacent straightened bends.

b) Zinc coating for the various gages of wire composing the strands of the barbed wire shall weigh eighty (80) percent of the weight values for the particular class of coating specified as prescribed in Table 2.

TABLE 2

c) Posts and top rails shall meet the outside diameter, wall thickness and weight requirements prescribed in Table 3. Posts and top rails shall withstand eighty (80) percent of the test pressures prescribed in Table 3.

TABLE 3

ARTICLE 10 - ANNUAL OPERATING PERMITS.

(Added by O-1942)

No person shall drill, redrill or operate any oil well unless he has obtained a current Operating Permit from the City Manager therefor.

(Amended by O-2164; O-2177; O-2504)

a) The City Manager shall inspect every oil well site in the City for compliance with the provisions of this Code. One such inspection shall be made prior to May 1st each year. He shall issue an Operating Permit effective July 1st each year for an oil well if he finds after such inspection that such well and the oil well site of which it is a part are operated and maintained in compliance with the provisions of this Code.

b) Every tank used, operated or maintained for the storage of crude petroleum will be inspected at least once every five (5) years to ensure it complies with all standards set forth in this Code. Each tank will be inspected for structural and metallurgical safety by a qualified structural and metallurgical engineer.

1. The City will conduct the structural and metallurgical safety inspection with permission of the owner or lessee of any tank; however, any such person authorizing such inspection must agree to permit the inspecting engineer to remove any paint, corrosion or obstructing substance necessary to conduct tests and to hold the City free and harmless from any liability for any damage to the storage tank or its contents as a result of normal testing procedures or for any damage to surrounding property should a tank be breached as a result of a test because of a weakness in the tank structure.

2. Any person owning, using, operating, maintaining a storage tank for the storage of crude petroleum, may, in lieu of a structural and metallurgical safety test being performed by the City, engage a private engineer to conduct said tests. Any such engineer shall have sufficient education and experience to qualify him to conduct such tests. Should a private engineer conduct the necessary structural and metallurgical tests, he shall submit an affidavit on forms provided by the City setting forth his qualifications, his observations, the electronic and laboratory tests performed and the results thereof and certifying that the oil storage tank meets all the provisions of this Code as to structural and metallurgical safety.

3. There will be no fee for inspection by the City of any storage tank for structural and metallurgical safety before February 1, 1971. After that date there will be a fee for such inspection of One Hundred Fifty Dollars ($150.00)

c) In the event that the City Manager, as a result of such inspection shall find that any such tank is in danger of becoming structurally inadequate within the succeeding five (5) year period, it shall be tested annually after such determination.

b) Any such tank that is moved shall be reinspected before it is placed in use.

(Amended by O-2164; O-2177)

Except as provided in Section 97.10.2., 97.10.5. and 97.10.6. no fee shall be charged for the issuance of such permit.

In the event that the City Manager finds, as a result of his annual inspection, that an oil well or the oil well site of which it is a part is not being operated or maintained in compliance with the provisions of this Code, he shall send a written notice of the deficiencies to the licensee of the well. In the notice he shall direct the licensee to correct the deficiencies within a reasonable time, not to exceed thirty (30) days.

(Amended by O-3267)

The City Manager shall reinspect the well or site for which the deficiency notice is sent after the expiration of the time period for the correction of the deficiency as stated in the notice. If the deficiencies have been corrected, and if no other deficiencies are found at the time of the reinspection, he shall issue the operating permit for such well, upon the payment of the reinspection fee to be set by resolution of the City Council from time to time.

(Amended by O-3267)

a) If all the deficiencies have not been corrected, the City Manager shall send another deficiency notice and again reinspect the well pursuant to the foregoing procedure, which procedure shall be repeated until all the deficiencies have been corrected.

b) The fee for the issuance of the operating permit shall be set by resolution of the City Council from time to time.

The City Manager may delegate to any employee of the City under his direction and control any powers and duties conferred on him by the provisions of this Article.

(Added by O-2013)

The City Manager may grant a waiver of the fees required by Section 97.10.6. for any oil well site which meets all of the following conditions:

a) A good and sufficient reason for non-compliance has been submitted in writing by the oil operator, licensee or permittee prior to June 1st of the year of said inspections, or good cause is shown why such writing was not submitted.

b) A reasonable time limit has been set for compliance with the requirements of this Chapter by the oil operator, licensee or permittee.

c) No undue hardship would thereby be placed upon the property of other persons in the vicinity.

97.10.9 RIGHT OF APPEAL.

(Amended by O-2013; O-2822)

The decision of the City Manager may be appealed to the City Council pursuant to the provisions of Article 5, Chapter 1, Division 1 of this Code, commencing at Section 11.5.1.