In the event that the owner of any improved property, as defined in Section 828.21 hereof, abutting a proposed well site has leased his property for drilling for oil or gas; or has signed and filed an application for a permit to drill for oil or gas in his property, or his lessee, contractor or agent has signed and filed such application; or has signed and delivered a written assent under Section 828.22 to an applicant for a permit to drill a well for oil or gas; or has entered into a community lease for drilling a well for oil or gas, and if the well to which he has assented or which is to be drilled under such community lease is to be located nearer to his dwelling house than the well or the proposed well site applied for under Section 828.02, then such owner shall not be permitted to object, but shall be deemed to have given his written assent under the provisions of such section to drilling a well for oil or gas on such proposed well site.
(Ord. 72-64. Passed 11-9-64.)