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SURFACE MINING
For the purpose of this subchapter, the following definition shall apply unless the context clearly indicates or requires a different meaning.
SURFACE MINING OPERATIONS.
(1) Activities conducted on the surface of lands in connection with a surface mine and surface impacts incident to an underground coal mine, including excavation for the purpose of obtaining coal and including such common methods as contour, strip, auger, extended depth secondary recovery systems, mountaintop removal, box cut, open pit and area mining; the use of explosives and blasting; “in situ” distillation or retorting; leaching or other chemical or physical processing; cleaning, concentrating or other processing or preparation; and the loading of coal at or near the mine site.
(2) SURFACE MINING OPERATIONS shall also include the areas upon which such activities occur or where such activities disturb the natural land surface. These areas shall also include any adjacent land the use of which is incidental to any such activities, all lands affected by the construction of new roads or the improvement or use of existing roads to gain access to the site of such activities and for haulage, and excavations, workings, impoundments, dams, ventilation shafts, entryways, refuse banks, dumps, stockpiles, overburden piles, spoil banks, culm banks, tailings, holes or depressions, repair areas, storage areas, processing areas, shipping areas and other areas upon which are sited structures, facilities or other property or materials on the surface resulting from or incident to such activities.
(3) This definition includes the terms STRIP MINING of coal and the SURFACE EFFECTS OF UNDERGROUND MINING of coal as used in this subchapter.
(Prior Code, § 92.15) (Ord. A-63, passed 10-6-1984)
Surface mining operations within the city limits and any underground mining operations which would also create possible damage to the surface are hereby declared a nuisance and are prohibited. It shall be unlawful for any person to engage in such operations within the city limits or for the owner of any land to permit such operations on any land owned by him or her.
(Prior Code, § 92.16) (Ord. A-63, passed 10-6-1984) Penalty, see § 92.99
FIRE AND HEALTH HAZARDS
(A) For the purpose of this subchapter, a fire and/or health hazard shall be restricted to abandoned dwellings or buildings which have remained unoccupied for a period of six consecutive months and which cause or contribute to an existing or potential fire and/or health hazard to adjacent landowners.
(B) The specific factors for determining a fire and/or health hazard shall be the state of construction of the residence or building. Residences or buildings which have been abandoned and which are unfit for human habitation shall be deemed a fire and/or health hazard. A building shall be deemed unfit for human habitation, if it meets the abandonment requirement and if it contains conditions which are dangerous or detrimental to life or health because of want or failure of repair; defects in the drainage, plumbing, lighting, ventilation or construction; a source of infection and/or contagious diseases; or, unsafe and unsanitary conditions likely to cause sickness among occupants or adjacent dwellings and/or buildings; constitute a grave or serious risk of death or injury to persons who come upon the premises; or, which create a fire hazard to adjacent property and landowners.
(C) The provisions of this subchapter shall apply equally to outbuildings and fences which are maintained in a dilapidated condition and which are in such state of decay or partial ruin by neglect or misuse as to create a grave risk of death or serious injuries to persons who come in contact with said buildings and/or fences.
(Prior Code, § 92.25) (Ord. passed 12-19-1988)
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