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(A) If the City Manager or his or her designee finds that, in his or her judgement, a hazard to life or natural resources exists, he or she shall order immediate rectification of the cause. If the permittee takes no immediate measure to reduce the hazard, or if the situation be so perilous as to constitute an imminent threat to safety, then in either of these events he or she may order the prompt cessation of activity, and if necessary, the clearance of the premises. If there is no hazard, fire or otherwise existing, if the permittee desires, he or she may continue circulating the hole with drilling fluids in order to protect the drilled hole from being lost.
(B) (1) A hearing shall be scheduled before the City Manager within 24 hours after the issuance of the order. The City Manager shall determine if proper cause existed, and, if not, shall order the permittee’s activity to resume without delay.
(2) If the City Manager determines that proper cause did exist for the order to cease activity to be issued, then he or she shall make whatever ruling is proper to assure rectification of the cause of the peril. The ruling and compliance with it by the permittee shall not be construed to absolve the permittee of any liability for any violation of this article or for any damage or injury caused thereby.
(Ord. 2991, passed 7-19-94)