Chapter 15.110
OIL AND GAS WELLS
Sections:
15.110.020 Construction standards for derricks; enclosure of derricks.
15.110.040 Application for permit.
15.110.050 Permit and investigation fee.
15.110.060 Annexation of developed wells.
15.110.070 Investigation of permit application and premises.
15.110.080 Issuance and conditions of permit.
15.110.100 Appeal of denial of permit; form of permit.
15.110.120 Maintenance of bonds.
15.110.130 Suspension or revocation of permit.
15.110.140 Service of notices.
15.110.150 Property rights of city.
Cross references: Businesses and business regulations, Ch. 18.
15.110.010 Definitions.
(a) For the purpose of this chapter and unless the context demands a different meaning, the words, terms, and phrases hereinafter in this section set forth are defined as follows:
Applicant. Any person, partnership, firm, association, syndicate, trustee, receiver, corporation, or other organization applying to the Council for a permit to do any of the acts in this chapter provided for or regulated.
City. The City of Concord, a general law city, organized and existing under and by virtue of the laws of the State of California.
Council. The City Council, the governing body of the said City of Concord.
Derrick. Any structure designed, intended, and used for the purpose of drilling and exploring for and producing oil, natural gasoline, gas, and other hydrocarbon substances from the earth; and shall include all parts of, and appurtenances to, any such structure as above defined, including the tower, pump houses, engine houses, belt houses or housings, pipe racks, sills, postings, walkways, mud ditches, bull-wheels, calf-wheels, bandwheels, and crown block, but the enumeration of the foregoing parts and appurtenances of a derrick shall not be deemed to exclude any other parts which may be proposed to be or are constructed or installed.
Gas. Natural gas coming from the earth.
Oil. Includes, within its meaning, petroleum and other kindred hydrocarbon substances found in and taken from the earth.
Permit. The written, typewritten, or printed document issued and delivered to an applicant by the Council, granting such applicant the right to explore for, drill for, and produce gas, oil, and other hydrocarbon substances in the city.
Permittee. The person, partnership, firm, association, syndicate, trustee, receiver, corporation, or other organization to whom a permit is issued and their heirs, executors, administrators, personal representatives, successors or assigns, respectively, as the case may be.
Well. A well or hole drilled into the earth for the purpose of extracting from their natural beds in the earth, oil, gas, and other hydrocarbon substances by means of which and through which oil, gas, and other hydrocarbon substances are extracted from the earth; it shall also include all permanent structures and equipment, including permanent well casing necessary and required to be used, and used, in connection with the drilling and maintaining of any such well and the extracting of oil, gas, and other hydrocarbon substances from their natural beds in the earth.
Well hole. The hole in the earth drilled for the purpose of exploring for, extracting, and producing oil, gas, and other hydrocarbon substances from the earth.
(b) Unless the context demands a different meaning, words used herein in the present tense shall include the future; the masculine shall include the feminine and the neuter; the neuter shall include the masculine and the feminine; and the singular shall include the plural, and the plural the singular; and “writing” shall include printing and typewriting.
(Code 1965, § 3500; Code 2002, § 70-1. Ord. No. 578)
Cross references: Definitions generally, § 1.05.100.
15.110.020 Construction standards for derricks; enclosure of derricks.
(a) All derricks, as hereinbefore defined, constructed in the city shall be built and composed of noncombustible materials, except that the derrick floors, engine house floors, pump house floors, pipe racks, sills, postings, walkways, mud ditches, bull-wheels, calf-wheels, and handwheels may be constructed of wood; provided, however, that any derrick shall be constructed in accordance with prevailing American Petroleum Institute Standard.
(b) Whenever, in its judgment, the Council shall deem it necessary for the protection of any public or private property or persons, it may require and order that any such derrick, its appurtenances and appliances be completely enclosed with and by the use of galvanized iron, fiberglass, or other approved material; and the permittee shall, within five days after service upon him of a written notice of such order of the Council, make or cause to be made and installed such enclosure.
(Code 1965, § 3501; Code 2002, § 70-2. Ord. No. 578)
15.110.030 Permit required.
It is hereby prohibited and shall be unlawful for any person, partnership, firm, association, syndicate, trustee, receiver, corporation, or other organization to erect, construct, reconstruct, alter, repair, install, move, maintain, or use, at any place within the city, any derrick or any other structure, or any appliance, apparatus of machinery proposed or intended to be used, or used, for or in connection with the drilling and exploration for, or for or in connection with the production of oil, gas, or other hydrocarbon substances; or to drill and explore for the same within the city without first obtaining from the Council a permit to do so, which permit shall be in writing and in form as prescribed and ordered by the Council and shall be conditioned as hereinafter in this chapter prescribed.
(Code 1965, § 3502; Code 2002, § 70-3. Ord. No. 578)
15.110.040 Application for permit.
(a) Any applicant desiring a permit for the construction, maintenance, and use of a derrick within the city and for the drilling, exploring for a [or] production of oil, gas, and other hydrocarbon substances therein shall make written application for such permit and file the same with the Council. All such applications shall be in the form prescribed by the Council, as hereinafter set out; shall be executed by the applicant; and shall be verified under oath by the applicant or by some person duly authorized to make such verification on behalf of applicant. If applicant is a corporation, the seal of the corporation must be attached. A separate application must be made and filed for each well proposed to be drilled. The application shall contain the following information as to the applicant:
(1) The name and addresses, both business and residence, of applicant and of each joint applicant, if there be more than one, and of each partner, if applicant be a partnership;
(2) If applicant be a corporation, it must state the law under which it is incorporated, the place and address of its principal place of business in California, together with the names and respective titles of all its officers and of its general manager;
(3) The purpose or purposes for which the permit is desired;
(4) A detailed description of the real property proposed or intended to be used for any of the purposes aforesaid, together with a statement of the acreage or number of square feet contained within the boundaries of said descriptions; and if said real property is a part of but less than the whole of a larger parcel of land operated, or to be operated, by applicant as a single drilling or operating unit, or lease, the description of the boundaries of such unit or lease, together with the acreage or number of square feet contained therein, shall be stated;
(5) A statement of the true nature of the right, title, or interest of applicant in and to said real property showing in detail all restrictions on, reservations of, and exceptions to applicant’s rights, title, or interest therein;
(6) Applicant must, upon demand, exhibit all original leases, grants, deeds, and contracts and policies of title insurance, which evidence its right, title, and interest in said property to the Council, upon demand by it for the purpose of establishing, to the satisfaction of the Council, the true nature of applicant’s ownership and interest;
(7) A statement of the type of construction, dimensions, and capacity of any and all tanks proposed or intended to be used, or used for, or in connection with any of the purposes aforesaid;
(8) A map or plat of said real property, prepared by a licensed surveyor, drawn to a scale of not less than one inch for each 100 feet on which shall be shown and indicated:
a. All buildings, improvements, and other structures on said real property;
b. The location of the center of the well or wells proposed to be drilled, operated, and maintained thereon;
c. The location of each derrick, tank, sump, boiler, and other equipment proposed or intended to be used, or used, thereon in the drilling and operation of each well or proposed well;
d. The location of all pipelines proposed to be used in applicant’s operations;
(9) An executed duplicate of a notice of intention to drill a new wall or of the intention to deepen, redrill, plug, or alter casing in well on any other notice of intention required to be filed, or filed, by applicant with the Division of Oil and Gas, Department of Natural Resources of the state;
(10) Any and all other information that the Council may, in its discretion and from time to time, require;
(11) A written agreement duly executed by the applicant that in the event a permit is issued to him by the Council pursuant to such application, he will, as a condition to any of his operations within the city, faithfully comply with and abide by each and all of the provisions, requirements, and conditions of this chapter, with all other ordinances of this city, with all laws of the state, and with all laws of the United States of America, applying in any manner or pertaining to any of the operations or proposed operations of the applicant.
(Code 1965, § 3503; Code 2002, § 70-4. Ord. No. 578)
15.110.050 Permit and investigation fee.
The applicant shall, at the time of filing of each application, pay to the city an investigation and permit fee in the sum of $750.00 for each well for which a permit is desired, which fee shall be so paid by means of a certified check or cashier’s check, payable to the order of the City Treasurer of the City of Concord, for deposit and use in accordance with the provisions of this chapter and the general use of the city; provided, however, that in the event any application for a permit be denied by the City Council, said fee, less the necessary costs incurred or expended by said City Council in making an investigation of such application, which said costs shall in no event be less than $50.00, shall be refunded to the applicant upon a written and verified application therefor, filed with the City Council, and any claim for refund of said fee, or any part thereof, made by an assignee of the applicant, or by anyone other than the applicant, or in case of his death by his executor or administrator, shall not be recognized or honored.
(Code 1965, § 3504; Code 2002, § 70-5. Ord. No. 578)
15.110.060 Annexation of developed wells.
Whenever the work of exploring, drilling, and developing a well has been completed and such well is in production or has been capped and is being retained for later production, and any such well is thereafter brought within the city limits through annexation proceedings, the investigation and permit fee shall be $75.00.
(Code 1965, § 3504; Code 2002, § 70-6. Ord. No. 690)
15.110.070 Investigation of permit application and premises.
It shall be the duty of the City Council, upon the filing of a proper application and the payment of the fee in connection with the same as hereinbefore provided, to investigate the application and the premises described therein for the purpose of determining whether or not the operations proposed to be carried on by applicant will:
(1) Endanger or prejudice the interests of the city in any of its property; or
(2) Endanger or prejudice any other public or private interests; or
(3) Conform with all the ordinances of the city, the laws of the state, and the laws of the United States of America.
(Code 1965, § 3505; Code 2002, § 70-7. Ord. No. 578)
15.110.080 Issuance and conditions of permit.
(a) If, after the investigation as hereinabove provided for in section 15.110.050, the Council shall find that the application complies with all of the provisions of this chapter and all other laws, that the representations in the same are true, and that the operations proposed by the same will not endanger or prejudice the city or any public or private property or interest, the Council shall issue to applicant, as permittee thereunder, a written permit in the form as prescribed by the Council.
(b) The right or privilege of any permittee to conduct operations within the city shall be subject to exercise of the rights and privileges of the Council and the city; and the permittee shall be subject to and all his operations within the city conditioned upon the due performance of and faithful compliance with the following requirements; and every permit shall be issued and shall remain in force and effect expressly subject thereto, which requirements are as follows, to wit:
(1) That no part of the well hole proposed to be drilled, or drilled, by permittee shall be situated within 100 feet of the exterior boundary line of any real property in which the city has or claims to have any right, title, or interest;
(2) That the drilling of the well and all other operations of permittee on the premises covered by the permit will be carried on in a lawful, careful, and workmanlike manner in accordance with modern and approved drilling methods and practices;
(3) That the well or well hole proposed to be drilled, and drilled, pursuant to such permit will be drilled, for its entire depth, only within the exterior boundaries of the premises owned, leased, or controlled by permittee; and in the event any survey made of the well hole shall disclose that the same, during any part of its course, trespasses upon the land owned by the city or any other person or in which it or they have or claim any right, title, or interest, the permit may be revoked, as hereinafter provided; and in addition, all proceeds and avails of any sale, or the market value of all oil, gas, or other hydrocarbon substances produced and saved or sold from or through such well hole or well shall, immediately upon the production or sale thereof, be deposited and impounded without any deduction whatsoever for royalty or cost of producing or marketing the same, other than any reasonable expense of dehydration, in a solvent and reputable bank in the city and shall not be released or withdrawn therefrom until the ownership thereof has been determined by a court of competent jurisdiction;
(4) That permittee shall at all times comply with each and all of the provisions, requirements, and conditions of this chapter and all other ordinances of the city, and of the state, and of the laws of the United States of America in any way pertaining to or applying to the operations of the permittee;
(5) Permittee shall at all times faithfully make, record, and keep complete and accurate drilling and other records, specifically including a log of the well, cores, and core record of the well, history of the well, monthly oil production and disposition report, all of which shall be open to inspection at all times by the city, its engineer, or other agent designated by the Council for that purpose;
(6) That the Council, at any time, shall have the right and privilege, in its discretion, to require permittee to make, record, and keep true and accurate surveys of the well hole for the purpose of determining and showing the true location and direction of the well hole throughout its entire depth, provided that any and all such surveys must be made, recorded, and kept by a method or methods deemed accurate by the Council and made and recorded by a reputable engineer skilled in making of such surveys, who shall meet with the approval of the Council, any and all of which surveys shall be made, recorded, and kept at the sole risk, cost, and expense of the permittee. The Council shall have the right, at any time in its discretion, to make, record, and keep such surveys of the well hole at the sole risk, cost, and expense of the permittee, provided that the record of any and all surveys of the well hole which are made or caused to be made by the permittee, together with a report of the engineer making such survey, shall be open at any and all times, either while in progress or after completion thereof, to inspection by the Council, its engineer, or other agent designated for that purpose;
(7) That permittee, at any time when required by the Council and in any event upon the completion of the well or abandonment of the well hole, shall furnish to and file with the Council full, true, and accurate copies of any and all such well hole surveys. Every survey made shall be accompanied by a written report from the engineer or engineers making such survey, and shall show the location and direction of the well hole throughout its entire depth with reference to the exterior boundaries of the premises owned, leased, or controlled by the permittee, and shall also furnish to and file with the Council as and when required to be filed with the Division of Oil and Gas, state Department of Natural Resources, executed duplicate copies of all drilling records, including but not exclusive of “Log of Oil or Gas Well,” “History of Oil or Gas Well,” and “Monthly Oil Production and Gas Production and Disposition Report”; provided, however, that the records and reports of surveys and other drilling and production records, when filed with the Council, as hereinabove provided and required to be done, shall only be open to inspection by the members of the Council, officers of the city, their assistants and deputies, and to such others as it shall be authorized in writing by the permittee to make such inspection;
(8) The Council, its engineer, or other agent designated for that purpose, and any officer or employee of the city shall have the right and privilege at any time to enter upon the premises covered by the permit for the purpose of making any of the inspections hereinabove provided for or for any other lawful purpose;
(9) Permittee shall enclose any derrick as hereinabove in section 15.110.020 provided for and described, if and when such enclosure shall be required and ordered by the Council;
(10) Nothing in the permit shall be deemed or considered to affect or shall in any way affect the responsibility or liability of the city to third persons while the city is acting in its governmental capacity. Permittee shall give prompt notice to the city of any and all accidents, including injuries to persons and damage to property, occurring either on the premises covered by the permit or on property of the city or other public property and arising out of or incident to any operations of permittee;
(11) Permittee shall pay promptly, when due, any ad valorem or other property tax, or excise tax, or license tax assessed and levied, or any permit or license fee imposed by any ordinance of the city, and shall also make prompt payment, to wit, within ten days after demand therefor by the city, of any cost or expense incurred by the city and which is or may be authorized by law or ordinance to be incurred by the city and imposed upon permittee in connection with or as a result of the operations of permittee;
(12) No permit, even though issued, shall become effective for any purpose whatsoever unless and until permittee shall have procured and filed with the Council a surety bond or bonds as required and shall also file with the city, or the proper department thereof, any and all other bonds required of permittee by any ordinance of the city, or unless and until such bond or bonds shall have been approved in the manner required by this chapter or any ordinance of the city requiring the filing of a bond by permittee;
(13) Permittee shall not discharge or cause or suffer to be discharged into the air any natural gas, either before or after the removal of the gasoline therefrom, and any such discharge may be temporarily excused solely by an act of God or other causes beyond the reasonable control of permittee while in the exercise of utmost care and diligence;
(14) Permittee shall equip his well with casings of sufficient strength and with such other safety devices as may be necessary and required by and in accordance with methods approved by the Oil and Gas Supervisor of the state, and that permittee will use utmost care and diligence to effectually prevent blowouts and explosions and fires and will at all times keep installed and maintained such casings and other safety devices;
(15) Permittee shall, upon demand of the Council, through its authorized agents or officers, erect dikes and walls of suitable height and strength around the derrick or tanks containing inflammable fuels to prevent the overflow of burning fuels onto surrounding territory;
(16) Permittee shall install every device in the nature of exhaust mufflers and other equipment for the elimination of noises, obtainable and practicable for that purpose, on all operating machinery and equipment and on the well in all instances where objectionable noises might otherwise exist;
(17) Permittee shall immediately remove the derrick and all other structures not required in the event gas only be produced from the well and erect a suitable and sightly structure over the well of the most modern and approved design for the purpose, using only such space for the same as is necessary, and also shall fill all holes and excavations, save the well, and restore all surfaces to their original condition;
(18) Permittee shall promptly notify the Council, in writing, of any change made; if a partnership, in its partners or designated agent, and of any change of any address of any thereof; if a corporation or any of its officers, including its general manager and/or any designated agent, and any change in the address of such general manager and/or agent, and any change of address of its principal place of business in the state; if other than partnership or corporation, the change of any address required to be stated in the application or the change in any designated agent of permittee and/or in the address of such agent;
(19) Every applicant or permittee shall appoint and at all times maintain an agent, who shall maintain a place of residence within the state, upon whom all orders, notices, and processes provided for or permitted by this chapter may be served. Said appointment shall be in writing, filed with the Council, duly executed and acknowledged by applicant or permittee, and be accepted in writing, executed, and acknowledged by such agent, upon forms approved by the Council. Nothing herein shall be deemed or construed to mean or require that service of any such order, notice, or process may be served only upon such designated agent to the exclusion of service upon applicant, or permittee, or any of its members or officers;
(20) No permit may be assigned by the permittee without first obtaining the written consent of the Council to the proposed assignment, provided that the Council shall, prior to giving such consent, make such investigation of and require the filing with the Council by such proposed assignee of such information hereby for the original issuance of a permit and such additional information as the Council may require, and provided further that the Council may, in its discretion, as is herein provided in the case of an original application for a permit, refuse to consent to any such proposed assignment of a permit. The written consent of the Council to any proposed assignment of a permit, and the furnishing to and filing with the Council of a new surety bond naming therein the assignee of the permit as the principal (which bond shall comply in all respects with the bond hereinafter required to be furnished and filed), shall be conditions precedent to the validity of any assignment thereof, and any such written consent of the Council, and without the furnishing and filing of such new bond, shall ipso facto be, and become, void and without any force or effect.
(Code 1965, § 3506; Code 2002, § 70-8. Ord. No. 578)
15.110.090 Exceptions.
(a) Section 15.110.080(b)(1), hereinbefore set forth, does not include and shall not be interpreted to mean city streets and alleys when it speaks of property in which the city has or claims to have some right, title, or interest.
(b) Section 15.110.080(b)(13), hereinbefore set forth, shall not be construed to prevent the discharge of natural gas into the air in compliance with the regulations of the state Oil and Gas Inspector in cleaning out or blowing a well.
(Code 1965, § 3507; Code 2002, § 70-9. Ord. No. 578)
15.110.100 Appeal of denial of permit; form of permit.
If the Council denies a permit, either in whole or in part, applicant may appeal to the Council with respect to such denial, provided applicant files a demand for such hearing in accordance with section 2.05.040 of this Code. The hearing, hereinabove provided to be had, shall be a condition precedent to any action in law or equity based upon the denial, either in whole or in part, of the Council of the issuance of such permit, and the decision of the Council upon such hearing shall be final. All permits issued hereunder shall be signed by the Mayor and Clerk and bear the seal of the city.
(Code 1965, § 3508; Code 2002, § 70-10. Ord. No. 845)
15.110.110 Bond requirements.
(a) Before delivery of any permit authorized by the Council to be issued hereunder, permittee shall, as to each well for which a permit is authorized to be issued, furnish to and file with the Council an indemnity bond in the principal sum of $25,000.00, executed by such permittee as principal, and as surety by a corporation authorized and admitted to engage in the business of and act as a surety upon such bonds under and pursuant to the laws of the state, provided that such bond must be approved as to the surety, and otherwise as to the sufficiency thereof, by the Council, and as to the form thereof by the City Attorney. Said bond shall be in favor of and name the City of Concord as obligee, and run to it, and shall by its terms inure to the benefit of any and all persons, firms, and corporations who may suffer any loss, injury, or damage for which indemnification is therein provided, so as to give rights of action to them and to their heirs, administrators, executors, successors, and assigns, in like manner as though they and each of them were named in said bond as obligees thereunder. Said bond, in said full sum of $25,000.00, shall be kept in full force and effect at all times until the said well shall have been either abandoned, or completed, within the meaning of the laws of the state for the conservation of petroleum and gas and until all the covenants thereof with reference to discontinuance, abandonment, and completion have been fully complied with by permittee, as the same are applicable.
(b) After completion of any well, whenever it is intended to produce oil, gas, or other hydrocarbon substances therefrom, before such production is commenced, the person, firm, or corporation owning and intending to operate the same for production shall furnish to and file with the City Council an indemnity bond in the principal sum of $5,000.00, executed by such operator as principal and by a corporation authorized to engage in the business of and act as surety upon such bonds under and pursuant to the laws of the state, as surety, approved in like manner and by the same authorities as in the case of the bond required by this section, and shall run to the City of Concord as obligee, and inure to the benefit of any and all persons, firms, and corporations who may suffer any loss, injury, or damage for which indemnification is therein provided, so as to give rights of action to them and to their heirs, administrators, executors, successors, and assigns in like manner as though they and each of them were named in said bond as obligees thereunder.
(c) Said bond in said full penal sum of $5,000.00 shall be kept and maintained by such operator in full force and effect so long as production continues from such well and shall be conditioned as follows, and the conditions thereof shall be stated substantially in the following language:
If the above bonded principal shall well and truly indemnify the City of Concord, a municipal corporation, and any and all persons, firms, and corporations from and against all loss, damage, liability, and claim of liability, directly or indirectly caused by or arising out of, or incident to, any of principal’s operations on the property hereinabove described, on which such well is located: 1) to any public property, aside from ordinary wear and tear of the public streets and highways; or 2) to any private property or persons; or 3) occasioned by the failure or neglect by any operator to faithfully comply with and abide by each and all the provisions, requirements, and conditions of all ordinances of the City of Concord, all laws of the State of California, and all laws of the United States of America, that in any manner pertain or apply to any of the principal’s operations of such well. THEN THIS OBLIGATION shall be null and void, otherwise it shall remain in full force and effect.
This bond shall inure to the benefit of any and all persons, firms, and corporations who may suffer any loss, injury, or damage for which indemnification is herein provided, so as to give rights of action to them and to their heirs, administrators, executors, successors, and assigns the same as though they were named herein as obligees under this bond.
Each and all of the obligations herein imposed and made binding upon the principal and the surety shall in like manner bind, jointly and severally, the respective heirs, administrators, executors, and successors of said principal and of said surety.
(Code 1965, § 3509; Code 2002, § 70-11. Ord. No. 578)
15.110.120 Maintenance of bonds.
The bonds required in section 15.110.110 of this chapter shall and must, to the satisfaction of the City Council, be kept and maintained in full force and effect, during the periods and terms of the same, respectively, as hereinbefore specified, and should any sureties thereunder for any reason become insolvent or lose the right to transact business in the state, a new bond shall be substituted therefor.
(Code 1965, § 3510; Code 2002, § 70-12. Ord. No. 578)
15.110.130 Suspension or revocation of permit.
(a) Any permit issued pursuant to the provisions of this chapter may be revoked by the Council upon finding either:
(1) That permittee has failed, neglected, or refused to comply with and abide by any of the conditions of this permit; or
(2) That permittee has failed, neglected, or refused to comply with or abide by, or has in any way violated, any of the provisions of this chapter, any other ordinance of the city, or any other law, rule, or regulation, either directly or indirectly, by reason of, in connection with, or incident to his operations under the permit or upon the premises covered by said permit; or
(3) If any of permittee’s operations, or the continuance thereof, upon the premises covered by his permit are or are likely to become a menace or hazard to business, to any public property, to any interest of the city, or to the lives or safety of persons; or
(4) If permittee shall have made any willful misrepresentation of fact in any application for such permit or in any report or record required by this chapter to be filed with or furnished to the Council by permittee.
(b) Any permit, either in connection with a proceeding for the revocation thereof or otherwise, may be suspended by the Council upon finding that the operations of the permittee constitute or have become an immediate menace or hazard to commerce, to any public property, to any interest of the city, or to the lives or safety of persons.
(c) The suspension and/or revocation of any permit shall be made and accomplished in the following manner, to wit: The Council shall, by order entered on its minutes, direct that a notice be served upon permittee, which notice shall set forth the reasons and grounds upon which the proposed revocation is based, or to be based, or is to be based, requiring permittee, within 15 days after the service upon him of such notice, to cure and remedy any fault thereunder, noncompliance therewith, or violation of any condition for which suspension or revocation of the permit may be made. Said permit shall, without any further or other action of or by the Council, be revoked five days after the time herein provided for the curing of any such default, or within such further time as the Council may have granted, has expired, unless permittee shall, within said time, have filed with the Council a written demand for a hearing before the Council, either as to the right of the Council to revoke or suspend said permit, or as to the curing of any such default. In the event a hearing before the Council is so demanded, said permit shall not be revoked until ordered by the Council after the completion of such hearing.
(d) The Council may, upon ordering the giving of any such notice or at any time thereafter, also order that such permit shall be suspended pending the curing or remedying by permittee of such default, noncompliance, or violation, pending the completion of the hearing upon such revocation as herein provided; and in the event the Council orders such suspension of a permit, the notice, as hereinabove required to be served upon permittee, shall also include notice of the action of the Council in suspending the permit and shall give the reasons and grounds therefor.
(e) The Council may, in its discretion and upon written application therefor by permittee, extend the time for the curing and remedying of such default, noncompliance, violation, or condition by permittee, but no such extension of time shall be for a longer period than 30 days from and after the service upon permittee of such notice to revoke and suspend such permit.
(f) (1) Upon the filing with the Council of such a demand for hearing, the Council shall fix a time and place therefor, which time shall be fixed for a day not more than 30 days after the filing of such a demand for such hearing. A five-day notice of the time and place of such hearing shall be served upon permittee. Such hearing shall be a condition precedent to any action in law or equity based upon the action of the Council in suspending or revoking such permit. The decision of the Council upon such hearing shall be final.
(2) At such hearing, the permittee shall be given an opportunity to present whatever competent evidence he may desire to submit, either through witnesses or by the production of book records or other documentary evidence, including evidence upon any questions relating to the revocation or suspension of such permit or to the curing of any default for which such permit was ordered revoked or suspended.
(g) The Council shall not be bound by technical rules of evidence nor shall any informality in any of the proceedings upon such hearing or in the manner of taking evidence invalidate or affect any order or decision of the Council. The Council shall have the right to adjourn any such hearing from time to time.
(h) It shall be unlawful for any person, firm, or corporation to carry on any of the operations authorized to be performed under the terms of any permit during any period of suspension thereof, or after the revocation thereof, or pending a judgment of the Court upon any application for writ taken to review the decision or order of the Council in suspending or revoking such permit; provided, however, that nothing herein contained shall be construed to prevent the performance of such operations as may be necessary in connection with the diligent and bona fide effort to cure and remedy the default, noncompliance, or violation for which a suspension of the permit was ordered by the Council or such operations as may be necessary for the protection and preservation of property and safety of persons.
(Code 1965, § 3511; Code 2002, § 70-13. Ord. No. 578)
15.110.140 Service of notices.
Any and all notices herein provided, required, or permitted to be given to permittee, or which the Council may desire to give to permittee, may be served by delivering a copy thereof to permittee personally, or to his duly authorized agent, or if permittee is a corporation, to any of the officers or to the general manager of permittee, or by delivering the same to permittee by registered mail, addressed to permittee at the address set forth in the application or in and by a change of address notice theretofore filed, in writing, by permittee with the Council. In the event any notice shall be so served by registered mail, same shall become effective at the time same is dispatched in the United States mail in the city.
(Code 1965, § 3512; Code 2002, § 70-14. Ord. No. 578)
15.110.150 Property rights of city.
No action of the Council in passing upon any application for any permit, or in performing any other act in connection with the matters herein entrusted to its discretion, shall operate as a waiver or release of any right, title, or interest of the city which it may have or claim to have in any property, nor shall any such action estop the city from asserting any rights which it may now or hereafter acquire in any such property.
(Code 1965, § 3513; Code 2002, § 70-15. Ord. No. 578)