(A)   If an operator or his or her officers, employees, agents, contractors, subcontractors or representatives fails to comply with the conditions of the applicable specific use permit and associated site plan or any requirement of a gas well permit (including any requirement incorporated by reference as part of the permit), or any applicable provisions of this chapter or any other city ordinances, the city shall endeavor to give written notice to the operator specifying the nature of the alleged failure and giving the operator a specified time to cure, taking into consideration the nature and extent of the alleged failure, the extent of the efforts required to cure, and the potential impact on the health, safety, and welfare of the community. If circumstances warrant proceeding without notice, no notice shall be required. In any case, failure to give such notice shall not prohibit the city from pursuing any available remedy.
   (B)   If the operator does not cure the alleged failure within the time specified by the city, the city may notify the Railroad Commission and request that the Railroad Commission take appropriate action. In addition, the city may pursue all other remedies allowed by law, including but not limited to the following:
      (1)   The City Manager may suspend the gas well permit until the alleged failure is cured;
      (2)   The City Manager may revoke the gas well permit if the operator fails to initiate and diligently pursue a cure; and
      (3)   The City Manager may seek recourse against the security delivered pursuant to this chapter.
   (C)   The operator may appeal a decision to suspend or revoke the gas well permit to the City Council.
(Ord. OR-1942-15, passed 3-23-15) Penalty, see § 114.99