§ 8-280. Remedies of the city.

(a)

If an operator (or its officers, employees, agents, contractors, subcontractors or representatives) fails to comply with any requirement of an oil and gas well permit (including any requirement incorporated by reference as part of the permit), the city shall give written notice to the operator specifying the nature of the alleged failure and giving the operator a reasonable time to cure the alleged failure, 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. In no event, however, shall the cure period be less than 30 days unless the alleged failure presents a risk of imminent destruction of property or injury to persons or unless the alleged failure involves the operator's failure to provide periodic reports. The city manager may issue a stop work order under the fire code.

(b)

If the operator does not cure the alleged failure within the time specified by the city, the city manager may notify the state railroad commission and request that the state railroad commission take appropriate action (with a copy of such notice provided to the operator), and the city may pursue any other remedy available under this article.

(c)

If the operator does not cure the alleged failure within the time specified by the city, the city manager may recommend to the city council:

(1)

That the gas well permit be suspended until the alleged failure is cured; or

(2)

If the operator fails to initiate and diligently pursue a cure recommended to the city council, that the oil or gas well permit be revoked.

(d)

The decision of the city manager to recommend suspension or revocation of an oil or gas well permit shall be provided to the operator in writing at least ten days before any action by the city council.

(e)

If an oil or gas well permit is revoked, the operator may submit an application for a new oil or gas well permit for the same well.

(Ord. No. O-1008, § 4(1.11), 2-3-2003)