If the city, following notice to the operator and a public hearing, determines an operator is financially incapable of performing reclamation in accordance with its approved reclamation plan or the operator has abandoned its surface mining operation without commencing reclamation, the city shall do all of the following:
(A) Notify the operator the city intends to take appropriate action to forfeit the reclamation security provided under § 19.08.110 and the specific reasons for such action. The notice shall be served either personally or by registered mail, postage prepaid, return receipt requested;
(B) Allow the operator 60 days to commence or cause the commencement of reclamation in accordance with its approved reclamation plan and require that reclamation be completed within the time limits specified in the approved reclamation plan or some other time period mutually agreed upon by the city;
(C) Proceed to take appropriate action to require forfeiture of the reclamation security if the operator does not substantially comply with division (B) of this section;
(D) Use the proceeds from the forfeited reclamation security to conduct and complete reclamation in accordance with the approved reclamation plan. In no event shall the reclamation security be used for any other purpose. The operator shall be liable for all costs of conducting and completing reclamation in accordance with the approved reclamation plan which are in excess of the proceeds from the forfeited reclamation security.
(`78 Code, § 19.16.060.) (Ord. 2386 § 1 (part), 1999.)