A. If after conducting the annual inspection required by Section 17.52.080 or otherwise confirmed by an inspection of the mining operation, the maintenance supervisor finds that the surface-mining operation is not in compliance with the approved mining plan, the approved reclamation plan, any permit conditions imposed by the city, the provisions of this chapter, or the California Surface Mining and Reclamation Act of 1975, the maintenance supervisor may notify the operator and the owner of the subject property of that violation, by personal service or certified mail. If the violation continues beyond thirty days after the date of issuance of the maintenance supervisor's notice of violation, the maintenance supervisor may notify the city clerk of the fact. Thereupon, the city clerk may issue an order by personal service or certified mail requiring compliance or, if the operator does not have an approved reclamation plan, to cease all further mining activities. Said order shall specify which aspects of the surface mine's activities or operations are inconsistent with the approved mining plan, approved reclamation plan, permit conditions, the provisions of this chapter, or the California Surface Mining and Reclamation Act of 1975; shall specify a time for compliance which the city clerk determines is reasonable, given the seriousness of the violation and any good faith efforts to comply with applicable requirements; shall set a date for a public hearing before the City Council no sooner than thirty days after the date of issuance of the order; and shall not take effect until the operator has been provided a public hearing concerning the violation.

B. At the hearing, the city council shall determine whether or not the operator is complying with the approved mining plan, the approved reclamation plan, the permit conditions or the provisions of this ordinance and may affirm, modify or set aside the order issued by the city clerk. The city council may also revoke or suspend the operator's permit in accordance with the procedures set forth in Section 17.52.070 of this chapter. The decision of the city council may be appealed to the appeals board.

C. Any operator who fails to comply with an order issued by the city clerk after the order's effective day, or who fails to submit a report to the director of the Department of Conservation or city as required by Section 2207 of the Public Resources Code, shall be subject to an order by the city clerk imposing an administrative penalty of not more than five thousand dollars per day, assessed from the original date of the maintenance supervisor's notice of violation or noncompliance with Section 2207. In determining the amount of the administrative penalty, the city clerk shall take into consideration the nature, circumstances, extent and gravity of the violation or violations, any prior history of violations, the degrees of culpability, economic savings, if any resulting from the violation, and any other matters justice may require. An order imposing an administrative penalty shall become effective upon issuance and payment shall be made to the city within thirty days, unless the operator petitions the city council for review of the order. Said order shall be served by personal service or by certified mail upon the operator.

D. If the operator petitions the city council for review of the order imposing an administrative penalty, the operator shall be notified by personal service or certified mail as to whether the city council will review the order and if so when the matter has been set for public hearing. The city council may affirm, modify, or set aside, in whole or in part, by its own order, any order of the city clerk imposing an administrative penalty. Any order of the city council shall become effective upon issuance thereof and shall be served by personal service or certified mail upon the operator. Payment of any administrative penalty specified in the city council's order shall be made to the city within thirty days of service of the order. (Ord. 95-01 § 10, 1995)