14.32.040 Inspection authority.

   The Secretary, or his or her duly authorized representative, shall have the authority to enter any building, structure, leasehold or premises for the purpose of investigating any suspected violation of this title or applicable provisions of this code, the existence of suspected or reported damage or defects which may constitute an immediate danger to human life and private property or an immediate hazard to the public safety, health and welfare; provided, however, except in emergency situations, the Secretary, or his or her authorized representatives, shall not enter any building, structure, leasehold or premises without the consent of the owner or occupant thereof unless he or she possesses a reasonable search warrant authorizing entry and search of the building, structure, leasehold or premises. No person shall hinder or prevent the Secretary, or his or her authorized representative, while in the performance of the duties described in this section, from entering upon and into any and all buildings, structures, leaseholds or premises, under his or her jurisdiction, at all reasonable hours for the purposes enumerated in this section.

(`78 Code, § 14.32.040.)

14.32.050 Notices.

   Every operator of any well shall appoint an agent who resides in the state and is one upon whom all orders and notices provided in this title may be served in person or by registered or certified mail. Every operator so designating such agent shall within ten days of any change in the agent or the mailing address notify the Agency in writing of the changes, unless its operations within the city have been discontinued. Service in person or by registered or certified mail on the agent so designated constitutes completed service within the meaning of and for the purposes of this title.

(`78 Code, § 14.32.050.)

14.32.060 Appeal – Right granted.

   In the event that any permittee, operator or person engaging in oil production in the city believes that an undue hardship has been imposed on him or her by any decision of the Secretary or by any requirement of the Secretary for the issuance of any permit, the persons may within ten days of such a decision or imposed requirement file a written appeal therefrom to the Council in accordance with the provisions of § 14.32.070. The appeal shall be subject to the provisions of § 14.32.070.

(`78 Code, § 14.32.060.)

14.32.070 Appeal – Procedure.

   (A)   The Council shall have and exercise the power to hear and determine appeals where it is alleged there is error or abuse of discretion in any order, requirement, decision or determination made by the Agency in the administration or enforcement of any of the provisions of this title. If an applicant is denied a permit under this title, he or she may appeal the denial in accordance with the following procedure:

      (1)   An appeal from any order, requirement, decision or determination of the Agency shall be in writing and shall be filed in triplicate in the office of the Agency. The written appeal must set forth specifically wherein it is claimed the Agency erred or abused its discretion or wherein its decision is not supported by the evidence and material presented to it;

      (2)   Any appeal not filed within ten days from and after the date of the order, requirement, decision or determination from which the appeal is taken shall be dismissed by the Council. With five days from and after filing of the appeal, the Agency shall transmit to the City Council all papers involved in the proceedings and two copies of the appeal, including such supplementary report as it may deem necessary to present clearly the facts and circumstances of the case. A copy of the report shall be mailed certified, postage prepaid to the appellant four days prior to the hearing;

      (3)   Upon receipt of the papers, including the Agency’s report, the Council shall set the matter for hearing no later than 15 days from the date of its receipt of the papers and give notice by mail of the time, place, date and purpose thereof to appellant and any other interested party who has requested in writing to be so notified and no other notice need be given;

      (4)   Upon the date set for the hearing, the Council shall hear the appeal, unless for cause the Council shall on that date continue the matter. No notice of continuance need be given if the order therefor be announced at the time for which the hearing was set;

      (5)   Upon the hearing of the appeal, the Council may affirm, reverse, change, add to or modify the Agency’s ruling, decision or determination appealed from or in lieu thereof may make such other or additional determination as it deems proper in the premises, subject to the same limitations as are placed upon the appellant by this title and by any other provisions of law;

      (6)   The Council may affirm the Agency’s decision if it finds that any of the following conditions exist concerning the application in question:

         (a)   The drilling or redrilling of the well will be of serious disadvantage to the city and its inhabitants or detrimental to the public welfare by reason of:

            1.   The location of the proposed well and the character and value of the permanent improvements already erected on the property upon which it is proposed to drill such well;

            2.   The use to which such property is adapted for civic or other purposes, for sanitary reasons, for fire protection or for the protection of the common convenience, prosperity and welfare of the inhabitants of the city as a whole; or

         (b)   Any other conditions which the Council deems to be detrimental to the health, safety and welfare of its citizens.

   (B)   The decision of the Council upon appeal shall be final.

(`78 Code, § 14.32.070.)

14.32.080 Penalties.

   Any person violating any of the provisions of this title is guilty of a misdemeanor.

(`78 Code, § 14.32.080.) (Ord. 1809 § 43, 1986.)