(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 granted under, or pursuant to, the provisions of this title.
(B) Written notice of the public hearing shall be served on the owner of the property for which the surface mining permit was granted, at least ten days before the hearing date. The notice may be served either personally or by registered mail, postage prepaid, return receipt requested.
(C) 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 been ceased or suspended 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) Having been served with notice of noncompliance with the reclamation plan or revised reclamation plan applicable to the operations, the mining operator has failed to comply within the time period prescribed by the Building Director;
(6) The surface mining operator has violated or has failed to satisfy any of the requirements imposed as conditions of permit approval;
(7) The surface mining operations have been materially extended beyond the limits of the permit; or
(8) Any of the provisions of this code have been violated by the mining operator, and the operator has, after notice and demand, failed to correct or cease such violations within a reasonable time.
(D) After a hearing upon 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 permit in question.
(`78 Code, § 19.20.050.) (Ord. 1835 § 1 (part), 1987.)