Chapter 4-32
SAND, GRAVEL AND MINERAL EXTRACTION
Sections:
4-32.080 Reports and engineering data.
4-32.090 Compliance with standards.
4-32.150 Not a permit to violate law.
4-32.190 Standards for inoperative pits.
4-32.200 Standards for active and future operations.
4-32.010 Title.
This chapter shall be known as “the sand, gravel and mineral extraction code of the city of Laguna Hills.” All reference to this chapter shall include Sections 4-32.010 through 4-32.240 of this chapter. (OCC § 7-10-1)
4-32.020 Purpose.
Due to the nature of (1) existing or future pits which were or are being used or shall be used for the mining, quarrying, or commercial extraction of sand, gravel, rock, aggregate, clay or similar materials, and (2) operations for the mining, quarrying, or commercial extraction of sand, gravel, rock, aggregate, clay or similar materials, this chapter is adopted to safeguard life, limb, property and the public welfare by establishing minimum safety standards for the maintenance of pits and the mining, quarrying or commercial extraction of sand, gravel, rock, aggregate, clay or similar materials within the city and to establish procedures pursuant to which such standards are to be enforced. (OCC § 7-10-2)
4-32.030 Scope.
Except as otherwise provided hereinbelow, all existing and future pits or operations which are being and shall be or have been used for mining, quarrying, or commercial extraction of sand, gravel, rock, aggregate, clay or similar materials within the city shall be maintained and conducted in compliance with the provisions of this chapter.
The provisions of this chapter shall not apply to the following:
A. Excavation operations incidental to the development of property in which a specified quantity of material is to be removed to a predetermined elevation so that, upon completion, the site will be left suitable for development, and for which a valid grading permit is in force. However, this exception shall not apply to any such excavation operations which cannot reasonably be completed or are not completed within one year from the date excavation operations are commenced.
B. Commercial processing or storage of sand, gravel, rock, aggregate, clay or similar materials where no extraction or excavation operations other than those regulated by a currently valid grading permit are conducted on the site.
(OCC § 7-10-3)
4-32.040 Definitions.
The following terms as used in this code shall, unless the context clearly indicates otherwise, have the respective meanings herein set forth.
“Abandonment” means the cessation of mining, quarrying and extraction operations on the site in compliance with the provisions of this chapter.
“City” means the city of Laguna Hills.
“Commercial extraction operation” means the removal or displacement of sand, gravel, rock, aggregate, clay or similar materials conducted for financial gain.
“County” means the county of Orange, state of California.
“Department” means the Department of Building and Safety of the city.
“Director” means the Director of the Building and Safety Division of the city or his or her regularly authorized deputy.
Excavation, Extraction and Extraction Operation. See “commercial extraction operation.”
“Mining” means the process of obtaining sand, gravel, rock, aggregate, clay or similar materials from an open excavation in the earth for financial gain, but not including the removal of minerals extracted by underground methods.
“Operator” means the person, whether proprietor, lessee or independent contractor, actually in charge and in control of the pit or operation being conducted upon the site.
“Owner” means a person who owns a site upon which a pit is located or upon which mining, quarrying, or commercial extraction operations are being conducted or may be conducted.
“Permit” means any permit issued pursuant to the provisions of this chapter, together with the application for same, the conditions upon which it was issued, and any plans, specifications, reports and approved modifications pertaining thereto.
“Permittee” means any person to whom a permit is issued pursuant to the provisions of this chapter.
“Person” means and includes any individual, firm, association, corporation, joint venture composed of individuals, or any other group or combination acting as a unit.
“Pit” means any excavation or depression or hole in the ground, natural or artificial from which sand, gravel, rock, aggregate, clay or similar materials are being or have been dug, mined, extracted, or quarried.
“Quarrying” means the process of removing or extracting stone, rock or similar materials from an open excavation for financial gain.
“Settling basin” means an area devoted to the storage of waste residue.
“Site” means a lot or parcel of land, or a series of contiguous or adjacent lots or parcels of land described by a lease or similar document upon which a pit is located or upon which commercial extraction operations are being or may be conducted, and which is covered by a permit.
“Slope” means the exposed surface of an excavation or fill which forms an incline.
“Ultimate right-of-way” means the right-of-way shown as ultimate on an adopted precise plan of highway alignment, or a street right-of-way shown within the boundary of a recorded tract map, a recorded parcel map, or a recorded PC development plan. The latest adopted or recorded document in the above cases shall take precedence. If none of these exist, the ultimate right-of-way shall be considered to be the right-of-way required by the highway classification as shown on the master plan of arterial highways. In all other instances, the ultimate right-of-way shall be considered to be the existing right-of-way in the case of a private street, and the existing right-of-way, but not less than sixty (60) feet in the case of a public street. (OCC §§ 7-10-4-7-10-14)
4-32.050 Permits required.
No person shall maintain a pit or commence or perform any operations or activities within the scope of this chapter without first obtaining the appropriate permit(s) to do so as specified below:
A. Abandonment Permit. Upon application to the Director by the owner or his or her legally authorized agent, an abandonment permit shall be issued for any pit from which no extraction operations have been conducted since the enactment of this code, provided the pit is found to comply with the provisions of Section 4-32.190 of this chapter.
No fee shall be charged for an abandonment permit. The Director may waive the sections of the chapter related to permit procedure as he or she deems appropriate.
B. Extraction Permit. No person shall maintain a pit from which materials have been extracted since the enactment of this chapter or perform any extraction operations or activities without first obtaining an extraction permit.
An extraction permit may be issued by the Director for the maintenance of pits from which no materials have been extracted since the enactment of this chapter, provided the pit is found to comply with Section 4-32.190 or Section 4-32.200 of this chapter and all other applicable requirements of this chapter have been met.
C. Grading Permit for Repair of SG Site. Except as provided in Section 4-32.120 of this chapter, repair work required in order to bring a pit into compliance with the provisions of Section 4-32.190 of this chapter shall be accomplished only after a grading permit for repair of SG site has been obtained and the work shall be performed in compliance with the terms of said permit.
The Director may waive the sections of this chapter related to permit procedure as he or she deems appropriate.
(OCC § 7-10-15)
4-32.060 Permit procedure.
An application for a permit signed by the owner or his or her legally authorized agent shall be filed with the Department of Building and Safety upon forms provided by that Department. The application shall be accompanied by a description of the site and such fees, plans, reports, and engineering data as are outlined in Sections 4-32.070, 4-32.080, and 4-32.110 of this chapter. (OCC § 7-10-16)
4-32.070 Plans of the site.
Plans signed by a registered civil engineer or licensed land surveyor shall be submitted by the operator or his or her authorized agent with an application for a permit.
Plans of the site shall be drawn to a scale of one inch equals one hundred (100) feet, unless otherwise specified by the Director.
The plans shall include but not be limited to the following items:
A. Property lines and lease lines, in addition to plans of the site.
B. Contours at five-foot intervals unless otherwise specified by the Director.
C. Required setbacks.
D. Location of all existing and proposed structures, including processing plants and other appurtenant equipment.
E. Location of existing and proposed points of ingress and egress, haul roads, driveways and parking areas.
F. Location and approximate depth of existing and proposed settling basins, desilting ponds, and other bodies of water.
G. Method of disposing of drainage.
H. The area to be excavated and typical cross-sections of slopes to be formed or modified.
I. Location of existing and proposed fencing.
The Director shall have the prerogative of requiring the owner or operator to furnish periodic plans and reports if this is necessary to determine compliance with this chapter. (OCC § 7-10-17)
4-32.080 Reports and engineering data.
Reports and engineering data, prepared by a registered civil engineer or a registered engineering geologist which are pertinent to the pit or operation shall accompany the application where the operator or permittee proposes to establish setbacks less than or slopes steeper than those specified in Sections 4-32.190 and 4-32.200 of this chapter, or where required pursuant to Sections 4-32.190 and 4-32.200 of this chapter due to close proximity to a watercourse or groundwater. (OCC § 7-10-18)
4-32.090 Compliance with standards.
The permit application, plans, reports and engineering data shall indicate compliance with the standards specified in Sections 4-32.190 and 4-32.200 of this chapter. (OCC § 7-10-19)
4-32.100 Site inspections.
Prior to approval of any plans or the issuance of a permit, the Director may inspect the site to determine that the plans, reports or other data are accurate and sufficient.
The Director shall inspect each site regulated by this chapter at the time of payment of annual fees as required by Section 4-32.110 of this chapter and at such other times as he or she deems necessary, for the purpose of ascertaining whether the operations are being conducted and the site maintained in conformity with the minimum standards of this chapter and applicable permits.
Whenever the Director determines that the work does not comply with the terms of the permit, or requirements of this chapter, or that the soil or other conditions are not as stated on the permit, he or she shall notify the permittee of such fact in writing demanding compliance within thirty (30) days from the date of such notice. If the permittee has not, within the stated time, complied with the terms of the permit, or requirements of this chapter, or given reasonable assurances that steps are being taken to comply, the Director may order the cessation of all work or any portion thereof, and such work shall cease until the requirements of the permit and of this chapter have been met. (OCC § 7-10-20)
4-32.110 Fees.
A. Plan-Checking and Processing Fee. With the submission of an application for permit or whenever new plans are required to be submitted for review by the Department, a plan-checking and processing fee of fifty dollars ($50.00) shall be paid by the applicant.
B. Permit and Inspection Fee. An annual fee in the amount specified below shall be submitted to the Department by the first day of July of each year to cover the cost of inspection for the subsequent fiscal year, except that the initial fee shall be prorated on the basis of the portion of the fiscal year remaining with a minimum fee of one hundred dollars ($100.00).
The annual permit and inspection fee shall be computed on the basis of the previous year’s production from the site which the permit shall cover as follows:
|
Production |
Permit and Inspection Fee |
|
None or less than 10,000 tons |
$ 200.00 |
|
10,001 to 50,000 tons |
300.00 |
|
50,001 to 200,000 tons |
700.00 |
|
More than 200,000 tons |
1,500.00 |
(OCC § 7-10-21)
4-32.120 Term and expiration.
Each extraction permit issued for an existing or proposed operation shall continue in effect only as long as none of the provisions of this chapter are violated and as long as the annual permit fees have been paid.
The extraction permit shall expire on the first day of July unless the annual permit and inspection fees for the subsequent fiscal year have been paid by that date. No operations other than such corrective work as may be designated by the Director shall be conducted after said date unless a new permit has been approved by the Director. In the case of existing pits, this corrective work shall include compliance with all the provisions of Section 4-32.190 of this chapter. (OCC § 7-10-22)
4-32.130 Renewal.
Any extraction permit that has expired or been revoked may be renewed by making application to the Department, upon the following conditions:
A. Submission of an application, up-to-date plans, reports and other data specified by this chapter or required by the Director.
B. The site is in compliance with all applicable provisions of this chapter.
C. Payment of the fees required by Section 4-32.110 of this chapter.
(OCC § 7-10-23)
4-32.140 Revocation.
The Director may revoke any permit in whole or in part, if after notification and demand as provided in Section 4-32.100 of this chapter, the pit or work covered by the permit has been materially extended beyond the limits of the permit, or if any fences or walls or other protective devices required by the chapter have not been constructed or maintained in good repair, or if other provisions of this chapter have been violated by operator, owner, or permittee. (OCC § 7-10-24)
4-32.150 Not a permit to violate law.
The issuance, granting or renewal of a permit shall not be deemed or construed to be a permit for or an approval of any violation of the provisions of this chapter or any other code; and no permit presuming to give authority to violate or cancel the provisions of this chapter shall be valid except insofar as the work or use which is authorized by the issuance, granting or renewal of the permit is lawful. (OCC § 7-10-25)
4-32.160 Conformity to plans.
Upon issuance of a permit, the plans submitted by the applicant shall be approved and so stamped by the Department. The pit and all work pertinent thereto shall be maintained in conformity with the approved plans unless authorization to modify the pit or operation is obtained from the Director and the plans and records are so changed and noted. (OCC § 7-10-26)
4-32.170 Bonds.
A corporate surety bond in the form and amount specified below shall be submitted by each applicant for a permit to perform any mining, quarrying or commercial extraction of rock, sand, gravel, aggregate, clay or similar products on private property in the city.
A. Every bond shall be executed by the operator for the faithful performance of the work to be undertaken and by a corporate surety insurer authorized to do business in this state as surety, or in lieu thereof, a written agreement for same accompanied by a deposit in cash or such other financial security as shall be approved by the Director and City Attorney.
B. Every bond shall be in a form approved by the City Attorney.
C. Every bond or agreement in lieu thereof, shall be conditioned that the operator shall faithfully comply with all provisions of this chapter until the site is properly abandoned in conformity with the provisions of Sections 4-32.180 and 4-32.190 of this chapter.
D. The bond or agreement in lieu thereof shall secure the city against all costs, charges and expenses caused by the failure of the principal to fully comply with the provisions of this chapter.
E. The bond or other security shall be in the amount of ten thousand dollars ($10,000.00) except that one operator or company may post a blanket bond in the sum of forty thousand dollars ($40,000.00) to cover all operations of that company in the city.
F. Whenever the Director finds that a default has occurred in the performance of any requirement of this chapter, written notice as provided in Section 4-32.100 of this chapter shall be given to the principal and surety on the bond, or depositor as the case may be.
Such notice shall specify the default and demand correction within thirty (30) days, or such longer time as the Director may allow, on penalty of forfeiture of the reasonable costs of making the necessary corrections by the city. The Director shall proceed by such mode as he or she deems convenient to cause the required work to be performed and completed.
G. Any bond issued in compliance with these regulations shall be exonerated and the surety relieved of all obligations thereunder when the Director certifies that the site has been abandoned in conformity with all regulations of this chapter.
H. A substitute bond may be filed in lieu of any bond on file hereunder and the Director shall accept and file the same if it is qualified and in proper form and substance and the bond for which it is substituted shall be exonerated, but only if the Director finds that no default exists as to performance upon which the bond is conditioned, to date of substitution.
(OCC § 7-10-27)
4-32.180 Abandonment.
Whenever a pit or excavation operation is to be abandoned, the operator shall notify the Director in writing of his or her intention to abandon the pit or operation at least thirty (30) days prior to such abandonment.
The Director shall inspect the site prior to the date of proposed abandonment and notify the operator of what protective devices or structures and what corrective measures are or may be necessary for the protection of adjacent properties and the general public as specified in Section 4-32.190 of this chapter. The Director shall also notify the property owner and the operator what assurance, if any, he requires for the continued maintenance of protective devices and future correction of possible unsafe conditions as may occur.
Within thirty (30) days after the abandonment of the pit or operation, the Director shall again inspect the site for compliance with Section 4-32.190 of this chapter and notify both the property owner and the operator of his or her findings.
Whenever the Director determines that the site has been abandoned in accordance with the provisions of Section 4-32.190 of this chapter, he or she shall so note on the permit. (OCC § 7-10-28)
4-32.190 Standards for inoperative pits.
Each pit not currently in use for commercial extraction operations shall be maintained in accordance with the following minimum standards:
A. Setback and Slopes.
1. The finished perimeter slope shall not be steeper than one and one-half feet horizontal to one foot vertical projecting into the pit from a fifty (50) foot setback adjacent to the perimeter of the property.
2. In addition, where the Director determines there is a possibility of potentially hazardous seepage or flow into a pit from a flood control channel, reservoir, conservation or flood retarding basin, or natural watercourse, he or she shall establish the setback and slope requirements based on the preservation of the integrity of the existing flood control channel, reservoir, conservation or flood retarding basin, or natural watercourse, so that the subject property shall continue to receive and carry off waters in a manner equal to that experienced prior to any excavation. Setback requirements imposed under this subsection may exceed the fifty (50) foot requirement set forth hereinabove, in the discretion of the Director, but such setbacks may not be less than fifty (50) feet, as set forth in subsection (A)(1) of this section. Slope requirements may be greater or less than that set forth in subsection (A)(1) of this section, in the discretion of the Director. The applicant may be required to furnish reports and engineering data, as set forth in Section 4-32.080 of this chapter, to justify the setback and slope requirement requested in such a case. The Director may require such reports in any case.
3. Where the Director determines that the pit extends below, or in the future may extend below, groundwater elevations, the slopes shall not be steeper than the safe values as determined by the Director, based on the reports described in Section 4-32.080 of this chapter, which reports may be required by the Director in such a case.
These requirements may be modified by the Director in cases where safety conditions and engineering and geological data submitted to the Director for approval indicate that a less restrictive setback or slope may be permitted.
B. Diversions. No pit shall be maintained in or adjacent to the floodplain of any watercourse which by reason of the excavation’s shape, location, berm elevations or area, in the opinion of the Director, is likely to produce a diversion of the natural watercourse away from the pit and outside the natural watercourse in the event that flow from the watercourse enters the excavation.
C. Drainage. Adequate provision for conveyance of water across and from the site and for long-term retention of water shall be accomplished so as to minimize potential dangers from landslide and erosion.
D. Fencing. Other than in cases where data is submitted to the Director for approval and which data indicate to the Director that no safety hazards exist, a fence shall be constructed enclosing the area of each existing pit. Said fence shall be of steel, chain link type, and a minimum of six feet in height above the existing grade of property outside the fenced area. The bottom of said fence shall conform to the ground surface so as to prevent any opening between it and the ground surface exceeding four inches.
Gates of the same material and height as the fence shall be installed at all points of vehicular or pedestrian ingress and egress. Said gates shall be equipped with keyed locks and shall be kept locked at all times when not in regular use. Said fence, gates, and locks shall be maintained in good condition and repair.
E. Protective Devices, Correction and Repair. Whenever the Director determines that maintenance of protective devices or structures, or the correction of potentially unsafe conditions may be necessary for the protection of adjacent properties and the general public, he or she shall notify in writing the owner or other responsible person, who shall take such corrective action as necessary and shall post a surety bond or other financial security in an amount sufficient to insure the continued maintenance of the protective devices for such potentially unsafe conditions. A grading permit will be required for any repair work. The fees for such permit shall be as specified by Chapter 10-16 of this code.
(OCC § 7-10-29)
4-32.200 Standards for active and future operations.
The mining, quarrying and commercial extraction of sand, gravel, rock, aggregate, clay or similar products shall be performed in accordance with the following minimum standards:
A. Setbacks.
1. No excavation activities shall be carried on within fifty (50) feet of:
a. The common property line of any parcel of land not used for the same purpose.
b. The ultimate right-of-way of any public street, either existing or whose precise alignment has been adopted by the City Council.
2. In addition, where the Director determines there is a possibility of potentially hazardous seepage or flow into a pit from a flood control channel, reservoir, conservation or flood retarding basin, or natural watercourse, he or she shall establish the setback requirements based on the preservation of the integrity of the existing flood control channel, reservoir, conservation, or flood retarding basin, or natural watercourse, so that the subject property shall continue to receive and carry off waters in a manner equal to that experienced prior to any excavation.
3. Setback requirements imposed under this section may exceed the fifty-foot requirement set forth hereinabove, in the discretion of the Director, but such setbacks may not be less than fifty (50) feet, as set forth in Section 4-32.190(A)(1) of this chapter. The applicant may be required to furnish reports and engineering data, as set forth in Section 4-32.080 of this chapter, to justify the setback requirement requested in such a case. The Director may require such reports in any case.
B. Slopes.
1. Where the Director determines there is a potentially hazardous seepage into a pit from a flood channel, reservoir, conservation or flood retarding basin or natural watercourse; or where the Director determines that the pit extends below or in the future may extend below groundwater elevations; the finished perimeter slope shall not be steeper than two and one-half feet horizontal to one foot vertical, except as provided in subsection (B)(3) of this section.
2. The finished perimeter slope shall not be steeper than one and one-half feet horizontal to one foot vertical projecting into the pit from the required setback line adjacent to the perimeter of the property.
3. Subsections (B)(1) and (B)(2) of this section notwithstanding, the slope requirement may be modified by the Director in cases where the Director determines that the proposed excavation operations present a potential hazard to adjacent property or where other safety conditions and engineering or geological data, as described in Section 4-32.080 of this chapter, submitted to the Director for approval, or as may be required by him, indicate that less restrictive slopes may be permitted or more restrictive slopes may be required.
C. Diversions. No excavation shall be made or pit maintained in or adjacent to the floodplain of any watercourse which by reason of the excavation’s shape, location, berm elevations or area, in the opinion of the Director is likely to produce a diversion of a natural watercourse away from the pit and outside the natural watercourse in the event that flow from the watercourse enters the excavation.
D. Drainage. Adequate provisions for conveyance of water across and from the site and for long-term retention of water shall be accomplished in a manner meeting the approval of the Director so as to minimize potential dangers from landslide and erosion.
E. Fencing. Prior to the commencement or continuation of any excavation or extraction operations or the construction or use of any settling basin, a fence shall be constructed enclosing the area of said proposed or existing excavation or settling basin, or the entire site, other than in cases where data are submitted to the Director for approval and which data indicate to the Director that no substantial safety hazards exist. Said fence shall be of a steel, chain link type, and a minimum of six feet in height above the existing grade of property outside the fenced area. The bottom of said fence shall conform to the ground surface so as to prevent any opening between it and the ground surface exceeding four inches. Gates of the same material and height as the fence shall be installed at all points of vehicular or pedestrian ingress and egress. Said gates shall be equipped with keyed locks and shall be kept locked at all times when not in regular use. Said fence, gates and locks shall be maintained in good condition and repair.
F. Boundary Markers. The site shall be surveyed by a registered civil engineer or licensed surveyor and shall be defined by a series of poles, (two-and-one-half-inch pipe) six feet in height measured from the ground level and painted a bright color which shall be installed and maintained at each change of direction and along the entire length of the subject site in such a manner that an individual standing at one such pole can clearly see the next pole in either direction.
For good cause shown, the Director may waive or modify this requirement for any extraction operations that are proposed to result in finished elevations that are not below the average natural ground elevations at the perimeter of the site, or for any extraction operations proposed to be located more than one thousand (1,000) feet from any property lines.
G. Posting of Signs. Within ninety (90) days after a permit has been issued pursuant to the provisions of this chapter, the outer boundaries of the site shall be continuously posted with signs not less than five hundred (500) feet apart and at each change of direction of said boundary line in such a manner as will reasonably give notice to passersby of matters contained in such notice, stating in letters not less than four inches in height: “PUBLIC NOTICE” and stating in letters not less than one inch in height: “THIS PROPERTY MAY BE USED FOR THE MINING, QUARRYING OR COMMERCIAL EXTRACTION OF SAND, GRAVEL, ROCK, AGGREGATE, CLAY AND SIMILAR MATERIALS SUBJECT TO PERMITS WHICH HAVE BEEN ISSUED BY THE DIRECTOR OF BUILDING AND SAFETY, CITY OF LAGUNA HILLS.” Said signs shall be of wood or metal and shall be maintained in legible condition at all times. Signs posted in compliance with the SG District regulations of the Orange County Zoning Code shall be considered as satisfying this section. The Director may waive this requirement for good cause shown.
H. Ingress, Egress and Traffic Safety. Roads providing vehicular access to public highways which are used for transporting materials shall be located only at points designated on plans as approved by the City Engineer. Adequate sight distance shall be maintained for traffic safety and a distance of not less than eighty (80) feet from the intersection of the drive or access road with the right-of-way line of the public highway shall be paved for a width of not less than twelve (12) feet.
In addition, that portion of the access road lying between the right-of-way line and the existing pavement of the public highway shall be constructed in accordance with the terms of an encroachment permit issued by the City Engineer, or in the case of state highways, issued by the State Division of Highways.
(OCC § 7-10-30)
4-32.210 Responsibility.
The permittee, operator, property owner and their authorized agents, and any other person in control of the property, individually and collectively, are responsible for the observation and compliance with all the provisions of this chapter. Such responsibility shall include the correction of any unsafe condition and the construction and continued maintenance of all fences and other protective devices required by this chapter or as deemed necessary by the Director to protect the general public and adjacent properties.
In case the owner or other responsible person shall fail, neglect or refuse to perform the required corrections, maintenance, or repairs within the time specified in Section 4-32.100 of this chapter after being notified in writing to do so by the Director, the Director shall cause the required corrections, repairs, or maintenance to be done, and the cost thereof shall be a charge and expense against the owner and the land. (OCC § 7-10-31)
4-32.220 Enforcement.
It shall be the duty of the Director to enforce the provisions of this chapter. If at any time the Director finds any owner, permittee, or operator is violating any of the provisions of this chapter, he or she may order compliance in the manner provided in Section 4-32.100 of this chapter. If compliance does not proceed, the Director may, at the end of thirty (30) days, or in the absence of reasonable assurance given as provided in Section 4-32.100 of this chapter, order immediate cessation of operations.
However, if in the opinion of the Director, an immediate and substantial hazard exists to adjacent property or the general public, the Director may order immediate cessation of that portion of the operation which may contribute to such a hazard within the thirty (30) day period provided in Section 4-32.100 of this chapter, and which cessation shall continue until correction of the hazardous condition. (OCC § 7-10-32)
4-32.230 Violation—Penalty.
Any person in violation of any of the provisions of this chapter shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punishable by a fine of not more than five hundred dollars ($500.00) or by imprisonment in the County Jail for a period of not more than six months or by both such fine and imprisonment. Each such person shall be deemed guilty of a separate offense for each day or portion thereof during which any violation of any of the provisions of this chapter is committed, continued or permitted by such person and shall be punishable therefor as herein provided. (OCC § 7-10-33)
4-32.240 Right of appeal.
The operator, permittee or owner shall have the right to appeal determinations of the Director within fourteen (14) days of any such determination to the City Manager or City Manager’s designee as defined by Chapter 10-16 of this code, by filing a written request with the Director specifically outlining which determinations are being appealed. The operator, permittee, or owner may present such evidence as he or she deems necessary to support his or her appeal.
The decisions of the City Manager relating to Section 4-32.190 of this chapter, subsections A, B and C and Section 4-32.200 of this chapter, subsections A, B, C and D shall be final. All other determinations of this body may be appealed to the City Council within fourteen (14) days of the decision of the City Manager. (OCC § 7-10-34)