(A) The Commission on its own motion may, and upon the direction of the Council shall, hold a hearing upon the question of the revocation or suspension of a surface mining permit.
(B) Written notice of said public hearing shall be served on the person to whom the surface mining permit was issued, at least ten days before the hearing date. The notice shall be served either personally or by registered mail, postage prepaid, return receipt requested.
(C) After holding public hearing on the revocation, suspension or modification of a surface mining permit, the Commission shall report its findings of fact and recommendations to the Council. The Council shall make the final determination whether to revoke, suspend, modify or take no action with respect to the surface mining permit in question.
(D) A surface mining permit may be revoked, suspended or modified if both the Commission and Council make one or more of the following findings:
(1) The surface mining operations authorized by the permit are detrimental to the public health, safety or general welfare or are a nuisance;
(2) The surface mining permit was obtained by fraud;
(3) The surface mining operations have not been commenced within three years of the effective date of the permit or within the time set in the conditions of approval or such operations have ceased for one year or more;
(4) The surface mining operations pose a significant threat to the city’s groundwater resources or are likely to have a significant adverse impact on those resources if allowed to continue;
(5) The surface mining operations have been materially extended beyond the limits of the permit;
(6) The operator has violated or failed to satisfy any of the requirements imposed as conditions of surface mining permit approval;
(7) Any of the provisions of this code, the state regulations or SMARA have been violated by the operator, and the operator has, after a notice violation, failed to correct or cease such violations within a reasonable time.
(`78 Code, § 19.16.040.) (Ord. 2386 § 1 (part), 1999.)