(A) Issuance.
(1) The owner, or operator, of a red dirt mine facility within the city limits shall submit a proper application for a red dirt mining facility operation permit to the city. The owner, or operator, shall pay an application fee of $50, which fee shall be refunded by the city if a permit is not issued. In order to receive an issued red dirt mining facility operation permit from the city, the owner, or operator, must provide the following information with the submission of the application:
(a) A legal description of the property where the proposed red dirt mining operations shall take place;
(b) Current contact information, including after-hours contact information, for the owner, or operator, of the red dirt mine facility;
(c) Proof that the owner, or operator, of the red dirt mine facility has received the proper zoning approval for the operation of a red dirt mine facilities, in accordance with the ordinances of the city, and such zoning approval is in good standing;
(d) Proof that the owner, or operator, of the red dirt mine facility has received the necessary, current, and valid federal, and state, mining permits to conduct red dirt mining operations at the proposed location;
(e) A copy of the detailed plan of reclamation of the area to be affected is required, as well as proof of issuance of a bond, or substituted security, for the affected area required under state law; and
(f) A signed statement by the owner, or operator, of the red dirt facility that the operation shall comply with all applicable federal, state, and city laws, rules, regulations, and ordinances in the operation of the red dirt mining facility.
(2) Within five days from the receipt of a completed red dirt mining facility operation permit and application fee, the city shall issue the red dirt mining facility operation permit to the owner, or operator, of the red dirt mine facility.
(B) Citation. The Police Chief, or his or her designee, may issue a citation to the operator of a red dirt mine facility licensed under this chapter for a violation of the terms of the license, or any requirement of this chapter.
(C) Suspension or revocation. In the event of repetitive, continuing, intentional, or substantial violations of the requirements of this chapter, the City Planning Commission may revoke a red dirt mine operating license at a meeting of the Planning Commission at which the owner, or operator, of the red dirt mine facility has been provided notice, and an opportunity, to oppose such suspension, or revocation.
(D) Appeal. Any person, or entity, whose license has been revoked pursuant to this section may appeal such a revocation to the City Council by providing a written request to the Mayor for City Council review within ten business days of the issuance of the revocation. The City Council may then determine whether the red dirt mine operator violated the requirements of this chapter and, if so, whether revocation of the license is appropriate for such violation.
(Prior Code, § 4.32.06) (Ord. 2015-01, passed 1-26-2015)