(A) The Director of Public Works shall notify in writing the surface rights property owners adjacent to the proposed drilling site and location of said well not less than five or more than 15 days prior to a hearing on the permit application. The hearing will be held before the Director; at the conclusion of the hearing and after making such investigation as he may deem proper or necessary under the circumstances, the Director shall make his recommendation to the Board of Commissioners not more than five days after the hearing has been completed, either recommending the issuance of such permit or recommending the denial thereof. Such recommendation shall be in writing and attached thereto shall be the reasons for the same including any instruments or documents submitted to him at such hearing.
(B) Hearing before Commissioners.
(1) After receipt of the recommendation made by the Director, the Commissioners shall then schedule a hearing thereon at the next regular meeting of the Commissioners at which time either party may be heard by the Commissioners prior to their final decision.
(2) The decision of the Commissioners shall be final and in making its decision it shall, in addition to other consi- derations, have the power and authority to refuse any permit to drill any well at any particular location within the city, where by reason of such particular location and the character and value of the permanent improvements already erected on or adjacent to the particular location in question for school, hospital, park civic purposes, health reasons, safety reasons, or any of them where the drilling of such wells on such particular location might be injurious or be a disadvantage to the city or its inhabitants as a whole or to a substantial number of its inhabitants or would not promote orderly growth and development to the city.
(Ord. 380, passed 11-17-80)