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The city may from time to time employ a technical advisor or advisors who are experienced and educated in the gas industry or the law as it pertains to gas matters. The function of such advisor(s) shall be to advise, counsel or represent the city on such matters relating to gas operations within the city as the city may want or require and the effect thereof, both present and future, on the health, welfare, comfort of the citizens of the city. In the event such technical advisor(s) is employed for the purpose of advising, counseling or representing the city relative to an operator’s unique and particular set of circumstances, case or request relating to this article, then the cost for such services of such technical advisor(s) shall be assessed against and paid for by such operator in addition to any fees or charges assessed pursuant to this article. Prior to the employment of a technical advisor, the city shall inform the operator of the intended scope of work and the estimated costs and expenses. The employment of a technical advisor shall be approved by the city council.
(Ord. 18449-02-2009, § 1, passed 2-3-2009, eff. 2-10-2009)
(a) The city council shall have and exercise the power to hear and determine appeals where it is alleged there is error or abuse of discretion regarding the issuance of a gas well permit or the revocation or suspension of any gas well permit issued hereunder as provided by this article. Any person or entity whose application is denied by the gas inspector (other than for distance requirements set out in this article) or whose gas well permit is suspended or revoked or whose well or equipment is deemed by the gas inspector to be abandoned may, within 30 days of the date of the written decision of the gas inspector file an appeal to the city council in accordance with the following procedure.
(1) An appeal shall be in writing and shall be filed in triplicate with the city secretary. The grounds for appeal must be set forth specifically, and the error described, by the appellant.
(2) Within 45 days of receipt of the records, the city secretary shall transmit all papers involved in the proceeding, place the matter on the city council agenda for hearing and give notice by mail of the time, place and purpose thereof to appellant and any other party who has requested in writing to be so notified. No other notice need be given.
(b) Appeal fees shall be required for every appeal in the amount of $300.
(Ord. 18449-02-2009, § 1, passed 2-3-2009, eff. 2-10-2009)
(a) It shall be unlawful and an offense for any person to do the following:
(1) Engage in any activity not permitted by the terms of a gas well permit issued under this article;
(2) Fail to comply with any condition set forth in a gas well permit issued under this article; or
(3) Violate any provision or requirement set forth under this article.
(b) Any violation of this article shall be punished by a fine of not more than $2,000 per day in accordance with § 1-6(c), subject to applicable state law. Each day that a violation exists shall constitute a separate offense.
(Ord. 18449-02-2009, § 1, passed 2-3-2009, eff. 2-10-2009; Ord. 23569-02-2019, § 2, passed 2-12-2019, eff. 2-23-2019)
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