Laserfiche WebLink
SECTION 3. ANNUAL PERMIT REQUIRED <br />301. It shall be unlawful for any person, partnership, company or cor- <br />poration to engage in mining within the ccmmunity or for an owner to permit a <br />person to mine on hiss property, without first having obtained a permit from the <br />Governing Body. <br />302. Persons, partnerships, or corporations now conducting operations <br />governed by this Ordinance and for which this Ordinance requires a permit may <br />continue such operations, but within 60 days of the effective date of this Ordi- <br />nance shall make application for a permit, and failure to do so shall be a vio- <br />lation of this Ordinance; however, on request and for cause, the Governing <br />Body may extend the time for the initial application to 90 days'from the effec- <br />tive date of this Ordinance. If application is not made within the required <br />time, all mining operations shall be terminated. <br />303• The annual permit shall be issued only after a public hearing <br />following ten days posted and published notice and notification of adjoining <br />landowners. Any issued permit shall be posted by the applicant at the exca- <br />vation site. For issuance of the annual permit after the first annual permit, <br />the Governing.Body in its discretion may waive the requirement of public hearing <br />and notice when it determines there has been no substantial change in the <br />circumstances of operation during the expiring permit period. <br />304. A permit, when issued, shall be valid for one year unless termi- <br />nated pursuant to Section 4. <br />SECTION 4. TERMINATION OF PERMIT <br />401. The governing body may terminate a mining permit for violation of <br />this Ordinance or a condition of the permit, or for other cause. <br />402. To terminate a permit, the Governing Body shall give notice to the <br />permit holder of the violation or other cause for the termination along with <br />an order that the condition be remedied. If the condition is not immediately <br />repaired, the Governing Body shall hold a hearing to determine whether the permit <br />should be terminated. <br />403. No mining shall take place after the permit; is terminated pursuant to <br />this section. <br />SECTION 5. NUISANCE DEFINED <br />.501. Where unsafe conditions or conditions in violation of this Ordinance <br />or permit exist, said conditions are hereby declared to be a nuisance, and the <br />Governing Body may give notice to the operator or owner to abate the same. <br />502. If after.a reasonable time for repair of the condition, it still exists, <br />-3- <br />