8.04 Garbage Collection and Disposal 8 - 1

8.08 Noise 8 - 4

8.12 Nuisances Generally 8 - 7

8.16 Nuisances on Property 8 - 9

8.20 Campgrounds 8 - 13

8.24 Excavation 8 - 15

8.32 Cost Recovery for Public Safety Emergencies 8 - 28

A. Apartment house means a building comprising four or more units designated for separate housekeeping tenements with heat furnished in common.

B. Garbage, as used in this chapter means and includes all animal and vegetable refuse from kitchens or residences, hotels, cafes, restaurants and places where food is prepared for human consumption, including all animal and vegetable refuse from such kitchens; and also all condemned or decayed or unsound vegetables, meat, fish, fruit and all waste and offal therefrom from markets, stores and factories; provided, however, that it shall not include waste from slaughterhouses.

A. Definitions. Market waste as used in this section shall include condemned, decayed or unsound vegetables, meat, fish and fruit, and waste and offal from markets, stores and factories.

B. Disposal on Public Streets Unlawful. It is unlawful for any person to place, leave or deposit any garbage, market waste, ashes, tin can, bottles, dead animals, rags, papers, waste matter, debris or junk or other offensive material upon any public street, highway, roadway or lane to include parking spaces within the city.

C. Disposal in Watercourses Unlawful. It is unlawful for any person to place, drop or deposit, or cause to be placed, dropped or deposited, any garbage, market waste, ashes, tin cans, bottles, dead animals, rags, papers, waste matter, debris or junk or other offensive matter in any surface ditch, canal or other waterway which runs, courses in, into or through the city. (Prior code 11-2-2, 11-2-3, 11-2-4)

8.04.170 Violation. Any person, firm or corporation violating any of the provisions of this chapter shall be guilty of a misdemeanor. (Amended during 1988 codification; Ord. 77-1 (part), 1977)

Chapter 8.08 Noise

A. The following acts are declared to be loud, disturbing or unnecessary noises in violation of this chapter, but the following enumeration shall not be deemed to be exclusive, namely:

1. The sounding of any horn or signaling device of warning; the creation by means of any unreasonably loud or harsh sound; the sounding of any such device for an unnecessary or unreasonable period of time; the use of any horn, whistle or other device operated by engine exhaust;

2. The discharge into the open air of the exhaust of any steam engine, stationary internal combustion engine, motor boat, or motor vehicle except through a muffler or other device which will effectively prevent loud or explosive noises therefrom;

3. The use of any automobile, motorcycle or other vehicle which due to lack of repair or improper loading creates loud and unnecessary grating, grinding, rattling or other noise;

4. The creation of a loud and excessive noise in connection with loading or unloading any vehicle or the opening and destruction of bales, boxes, crates and containers;

5. The operation between the hours of nine p.m. and seven a.m. of any pile driver, steam shovel, pneumatic hammer, derrick, steam or electric hoist or other appliance, the use of which is usually attended by loud unusual noise;

6. The operation of any garbage pickup, in any area zoned residential on at least one side of the street by the city zoning ordinance, between the hours of seven p.m. and six a.m.;

7. The operation of any power mower, cultivator or like or related device (except snowblowers) in an area zoned residential between the hours of nine p.m. and six a.m.

A. The using, operating, or permitting to be played, used or operated in residential areas of any television, radio receiving set, musical instrument, phonograph, or other machine or device for the producing or reproducing of sound in such manner as to disturb the peace, quiet and comfort of neighboring inhabitants or at anytime with louder volume than is necessary for convenient hearing for the person or persons who are in the room, vehicle or chamber in which such machine or device is operated and who are voluntary listeners thereto. The operation of any such set, instrument, phonograph, machine or device between the hours of eleven p.m. and seven a.m. in such a manner as to be plainly audible at a distance of thirty feet from the building, structure and vehicle in which it is located shall be prima facie evidence of a violation of this subsection;

B The using, operating or permitting to be played, used or operated of any radio receiving set, musical instrument, phonograph, loudspeaker, sound amplifier or other machine or device for the producing or reproducing of sound upon the public streets for the purpose of commercial advertising or attracting the attention of the public or any building or structure without or in violation of a permit issued pursuant to Section 8.08.050;

C. Yelling, shouting, hooting, whistling or singing on the public streets, particularly between the hours of eleven p.m. and seven a.m. or at any time or place so as to annoy or disturb the quiet, comfort or repose of persons in any office, or in any dwelling, hotel or other type of residence, or of any persons in the vicinity;

D. The keeping of any dog which by causing frequent or long continued noise disturbs the comfort or repose of any persons, in the vicinity;

E. The erection (including excavation), demolition, alteration or repair of any building other than between the hour s of six a.m. and ten p.m., local prevailing time, on weekdays, except in the case of urgent necessity in the interest of public health and safety, and then only with a permit from the city administrator as authorized under Section 8.08.050;

A. Noises of safety signals, warning devices and emergency pressure relief valves;

B. Noises resulting from any authorized emergency vehicle, when responding to any emergency;

C. Noises resulting from emergency work;

D. Any other noise resulting from the activities of a temporary duration permitted by law and for which a license or permit therefor has been granted by the city in accordance with Section 8.08.050;

A. Noise applications for a permit for relief from the noise level designated in this chapter on the basis of undue hardship may be made to the city administrator or his duly authorized representative. Any permit granted by the administrator under this section shall contain all conditions upon which the permit shall be effective. The city administrator or his duly authorized representative may grant the relief as applied for if he/she finds:

1. The additional time is necessary for the applicant to alter or modify his activity or operation to comply with this chapter; or

2. The activity, operation or noise source will be of temporary duration, and cannot be done in a manner that would comply with this chapter; and

3. That no other reasonable alternative is available to the applicant.

Chapter 8.12 Nuisances Generally

8.12.010 Nuisance Defined Violation Classification of Offense.

A. A nuisance is any item, thing, manner, condition whatsoever that is dangerous to human life or health or renders soil, air, water or food impure or unwholesome.

A. A public nuisance is a crime against the order and economy of the city and consists in unlawfully doing any act or omitting to perform any duty, which act or omission either:

1. Annoys, injures or endangers, the comfort, repose, health or safety of three or more persons; or

2. Unlawfully interferes with, obstructs, or tends to obstruct or renders dangerous for passage, any lake, stream, canal, or basin, or any public park, square, street or highway; or

3. In anyway renders three or more persons insecure in life or the use of property.

8.12.060 Nuisance Performance--Designated. The showing of any motion picture or the performance of a theatrical in a manner such that the picture or performance can be seen or viewed from a place outside the theater premises, or viewing area associated therewith, whether or not the premises or viewing area is enclosed by fence or wall, is deemed a public nuisance if the motion picture or theatrical portrays conduct described in Section 76-10-1201(6) or (7), UCA, 1953 as amended. (Ord. 87-2 (CC 9.41), 1987: Ord. 83-2, 1983)

Chapter 8.16 Nuisances on Property

8.16.010 Findings of Governing Body. The city council of the city of Pleasant View, Utah finds that junked, wrecked, dismantled, inoperable, discarded or abandoned vehicles, (hereinafter vehicles); and refuse, debris, garbage, weeds and junk (hereinafter junk) in and upon real property within the City is a matter affecting the health, safety and general welfare of the citizens of Pleasant View, Utah because such vehicles and junk:

A. Serve as a breeding ground for flies, mosquitoes, rats and other insects and rodents;

B. Are a danger to persons, particularly children, because of broken glass, sharp metal protrusions, insecure mounting on blocks or other unstable items including but not limited to jacks or supports, and because they are a ready source of fire and explosion and disease bearing vectors and insects;

C. Encourage pilfering and theft, and constitute a blighting influence upon the area in which they are located and thereby causing a loss in property value to surrounding property;

A. Refuse, debris, garbage, weeds, and junk means any of the following: Spent, useless, worthless or discarded materials; used tires; parts of vehicles; old and unused machinery and appliances or parts thereof, trash; rubbish; waste plant materials, trimmings, weedseither growing or dead; litter; scrap building materials; waste food products; dead animals; unused or discarded bicycles, tricycles, or other types of recreational vehicles or parts thereof; scrap metal, waste paper products, or lumber, accumulations of dirt, gravel, ashes or fire remains; or any other waste materials.

B. Abate means to put an end to any condition which is a violation of this ordinance.

C. Deleterious means anything injurious to the health, safety, or welfare of any person.

D. Owner means any person, who alone or with others: (1) has legal title to any premises or dwelling, with or without accompanying actual possession thereof, or, (2) has charge, care or control of any premises or dwelling, as legal or equitable owner, lessee, or is an agent of the owner or the estate of the owner in any manner.

A. Violation of this ordinance shall be punishable upon conviction ether:

1. As a class B misdemeanor, or,

2. By imposing civil penalties as follows:

a. Any person who is found by the City to be in violation of any of the provisions of this ordinance, whether by failing to do those acts required herein or by doing a prohibited act, shall be liable to the City for the following civil penalties:

First citation $100.00

Second citation $200.00

All subsequent citations $500.00

B. All citations shall be due and payable to the city treasurer within 20 days of the date of service.

C. In the event any citation remains unpaid or not dismissed after 20 days from the date of service, the matter shall be referred to the city prosecuting attorney for suit or charges in an appropriate court of law. The violator shall be liable for reasonable attorneys fees, and administrative expenses, and court and other costs.

D. Persons cited under this section shall have the option of abating the violation within 60 days of the date of service issuance and having that citation dismissed by the city under the authority of this ordinance.

E. Only one notification procedure shall be necessary for continuing violations on the same premises within the same calendar year and shall be deemed sufficient on any lot or parcel or property for the entire calendar year.

1. At the expense of the city, employ necessary assistance and cause such conditions to be brought into compliance with this ordinance by doing any or all of the following: (a) removing any deleterious objects or structures: (b) removing any vehicles subject to abatement under this ordinance; or (c) removing any junk subject to abatement under this ordinance.

2. After completion of the work, the City shall cause to be prepared an itemized statement of all expenses incurred in abating the non-complying condition, including necessary administrative costs.

3. The City shall elect at the time the work is completed to bring suit or charges in court or elect to refer the matter to the county treasurer for inclusion in the tax notice of the property owner.

4. In the event the City elects to refer the matter to the county treasurer, the City shall make, in triplicate, an itemized statement of all expenses incurred in the removal and destruction of the same and shall deliver the three copies of said statement to the county treasurer within ten days after the completion of the work of removing such weeds, garbage, refuse, objects or structures. [See Utah Code 10-11-3.] The City shall request in writing that the county treasurer take such action as provided by law, requesting that the amount payable to Pleasant View City be included in the tax notices to the property owner and that upon collection of said money it be paid by the county treasurer to Pleasant View City. The City shall also cause the same to become a lien upon the lands involved by filing the appropriate papers with the county assessor.

5. If the City elects to collect the amount set forth in the itemized statement, the City shall mail a copy thereof to the owner and/or occupant demanding payment within 20 days of the date of mailing. Said notice shall be deemed delivered when mailed by registered mail addressed to the property owners last known address. In the event the owner or occupant fails to make payment of the amount set forth in said statement to the city treasurer within said 20 days, the City may bring suit or charges in an appropriate court of law. In the event collection of said costs are pursued through the courts, the City may sue for and receive judgment upon all of said costs of removal and destruction together with reasonable attorneys fees, interest and court costs. The City may execute on such judgement in the manner provided by law. (Ord 2000-29, 12/12/00 & Ord 99-7, 4-27-99 and Ord 98-4, 3/24/98 prior code: Res 92-8, 1/8/91)

Chapter 8.20 Campgrounds

8.20.010 License Required.

A. It is unlawful for any person to operate, maintain, or offer for public use within the limits of the city any automobile tourist park, campground, or other public place for camping, sleeping or lodging, whether in tents, automobiles, trailers, trailer houses, cabins, huts or other vehicles or structures or where motor homes, trailers or trailer houses may be parked or located or occupied as living quarters, without first making application to the city recorder and obtaining a license to do so.

B. Applicants for such license shall file application in writing with the city recorder with a fee as hereinafter provided, which application shall show the plan and location of applicant's proposed place of business, the number of rooms or spaces available to tenants or motor homes, or trailers or trailer houses, and state in detail the source of water supply and the kind and number of toilet, bath and shower facilities available for use by male and female guests respectively. The application will be referred to the county health officer, which health officer shall after such reference deliver the application to the city council together with a report of its findings and its recommendations as to the granting or denying of the license. In making the report, the health officer shall determine whether or not there exists on such premises adequate motor home, trailer or trailer house spaces for the number of such persons proposed to be accommodated in the application, adequate toilet, shower, bath, garbage, sewage facilities, a proper and clean supply of pure drinking water, and in this connection shall comply with state mobile home park sanitation regulations, recreational vehicle park sanitation regulations and with recreational camper sanitation regulations. These regulations will be available at the city office for purchase by applicants.

C. The license provided for in this chapter, together with a copy of the rules and regulations of the health office, shall be displayed by the licensee in a conspicuous place upon the licensed premises.

D. It is unlawful for any person to camp or place any trailer, trailer house or other vehicle while used for human habitation, which may be conveyed either on its own power or by an automobile from one place to another place, in the city, except within premises licensed as herein provided.

E. Adequate toilet facilities shall be defined as one water closet for each sex for every five rooms, motor home or trailer space or fractional part thereof in excess of five such rooms or spaces in the campground, which toilet facilities shall not be less than one hundred feet away from any room or motor home.

F. It shall be the duty of the health officer to investigate and determine the necessary facilities required in every premises where camping or lodging in auto tourist parks or campgrounds is permitted to the end that same may be kept in a sanitary condition and free from infectious or contagious diseases and comply with the terms of this chapter and the rules and regulations of the health officer.

G. It shall also be the duty of the building inspector to investigate periodically and examine all such premises to determine that licensees or keepers thereof have complied with the laws and ordinances of this city.

H. No such tent, automobile, trailer, motor home, cabin, hut or other vehicle or structure shall be parked or erected closer than ten feet from any other tent, automobile, trailer, motor home, cabin, hut or other vehicle or structure upon any such premises.

I. Every licensee of such premises shall keep a daily register of all guests or tenants of such premises, which register shall be available at all times and for one year thereafter, for inspection by the city recorder with a true copy to be forwarded upon request to the city recorder which contains the date and time of the arrival of the tenant, his name, residence, and the name, make and state registration license number of each vehicle, trailer or motor home.

J. The yearly license fee for such parks shall be established by resolution.

Chapter 8.24 Excavation

A. Excavation. For the purposes of this ordinance, excavation shall mean the removal of rock, sand, gravel, clay and any other soil by digging, leveling, scraping, blasting, screening, processing, and operating, maintaining and repairing equipment, marketing, advertising and selling aggregate products and services to the general public, or any other process, together with all other types of mining operations where material is removed from the earth. The recycling of concrete products may be allowed as a conditional use which must be approved by the City Council following the normal process as provided by City ordinance and based on the criteria for extended operations set forth in Section 8.24.110 of this ordinance. The provisions of this ordinance shall not apply to the removal of sod, provided such removal is no closer than ten feet to any property line or to a depth in excess of three inches, and will not adversely affect the drainage, stability, and/or vegetation of the area. This ordinance shall not apply to ditching and land leveling for agricultural or public recreational uses (parks), or for site preparations for building a structure. Site preparation and grading for other purposes which exceeds ten cubic yards per acre, or a proportionally equivalent amount for fractional acreage, shall be considered a conditional use which must be approved as a separate permit by the City Council following the normal process as provided by City ordinance.

B. Excavation Permit. For the purpose of this ordinance the acceptance of the excavation and rehabilitation plan by the City Council, together with such additional conditions or limitations as may be imposed, and evidenced by the properly endorsed and designated signature blocks, shall constitute the issuance of an excavation permit.

C. Land. Land means the surface and subsurface of an area within the incorporated areas of the city where excavation operations are being or will be conducted, including but not limited to: on-site private ways, roads, the excavation site itself, exploration sites, drill sites or working, parking, storage areas; areas in which structures, facilities, equipment, machines, tools, or other materials or property which result from, or are used in such operation, are situated.

D. Off-site. Off-site means the land areas that are outside or beyond the on-site land which is owned or controlled by the owner or operator.

E. On-site. On-site means the land within which mining operations are or will be conducted, which is bounded by continuous property lines dividing the surface or land ownership, control, or right that is invested in the operator. A series of related properties under the control of a single operator but separated by small parcels of land controlled by others will be considered a single site unless excepted by the City Council.

F. Operator. Operator means any person, firm, corporation, association, partnership, receiver, trustee, executor, administrator, guardian, fiduciary, agent, or other organization or representative of any kind either public or private, owning, controlling, or managing excavation operations or proposed excavation operations.

G. Owner. Owner means any person, corporation, association, partnership, or other legally deeded organization or representative of any kind, either public or private, owning, controlling or managing a mineral deposit or the lands employed in excavation operations.

H. Public Road. Public road means any road, street, alley, lane, court, place, viaduct, tunnel, culvert, or bridge laid out or erected as such by the public, or dedicated or abandoned to the public, or made such in an action for the partition of real property, and includes the entire areas within the right-of-way.

I. Rehabilitation. Rehabilitation means actions performed during and after excavation operations to shape, stabilize, re-vegetate, or otherwise treat the land affected in order to achieve a safe, stable, ecological condition. The excavated lands will be rehabilitated to a usable condition which is readily adaptable to alternate land uses and creates no danger to public safety. These rehabilitated or reclaimed land areas will be consistent with the city land use plan in the immediate areas. The rehabilitation process may extend to affected lands surrounding the excavated lands and may require backfilling, grading, re-soiling, re-vegetation, soil compaction, stabilization, and other measures. (Ord.2005-16, dated 12/13/05, Ord. 98-10, dated 11/10/98 and Ord. 98-9, dated 10/27/98: prior codes Ord. 95-14, 11/14/95, Ord. dated 1/9/75 (part) and 19-2-1))

A. General Information. The following shall be provided: the name of the property, property owner(s), lessee, operator(s), agent of process, location of property, and legal description.

B. Pre-excavation Site Inventory and Analysi s. A pre-excavation inventory and analysis both off-site and on-site shall be performed by the applicant containing the following information:

1. A regional vicinity analysis describing other land uses surrounding the site, the possible impacts of the proposed excavation on surrounding land and the methods to be employed to mitigate any potentially negative effects; and

2. A description of the regional haulage routes to be employed on public and private roads.

3. A topographic map of the area (at a scale of one inch equals one hundred (100) feet) with a maximum contour interval of five feet, and extending at least 500 feet beyond the proposed excavation site;

4. A description of the visual characteristics, with particular concern given to the potential use of existing natural topography and vegetation, to shield site operations from nearby properties, roadways, and the general public;

5. A soils survey, to include a soils profile; and

6. An aerial photograph with contours of the proposed excavation site.

C. Excavation Operations Plan. The application shall provide an excavation operations plan which describes the following:

1. Proposed starting date and the anticipated period of operation;

2. Planned phases of excavation;

3. Anticipated amount of material to be removed at each phase;

4. Number, type and kinds of machinery and equipment to be used;

5. Operational processes, including crushing, stockpiling, milling, etc.;

6. The water to be used in operations, its source, control and disposal;

7. Electrical power requirements, source and control;

8. Accessory facilities, such as scales and buildings;

9. Sanitary facilities and disposal system;

10. Wind and air movement patterns with a description of techniques used to control dust and noise;

11. Transportation routes on and off site;

12. Run-off water control and detention;

13. Depiction of phases and location of all facilities, stockpiles, transportation routes, detention basin(s), and water and power sources on topographic map above or other suitable map;

14. Any economic or adverse effects on the surrounding area and steps taken to mitigate their impact, such as dust and vibration control and noise abatement; and;

15. Detailed analysis and description of noise levels (expressed in decibel) expected from proposed operations.

16. Cross sections showing existing surfaces and proposed future surfaces at 250 foot intervals across the site. Sections should be drawn parallel to slope. Final cut and fill slopes shall not exceed a steepness of 2.0 feet horizontal to 1.0 foot vertical drop from the top to the bottom of the pit.

17. To the extent not already shown, how the operations will comply with the operational requirements of 8.24.080.

D. Rehabilitation Plan. As part of the final application and approval of an excavation permit and before beginning any excavation activities or operations, the applicant shall provide a rehabilitation plan with the use of maps, imagery, and renderings (at a scale of one inch equals two hundred feet) extending five hundred feet beyond the legal description of the site area with a maximum contour interval of five feet which includes at least the following:

1. A grading plan designed by a licensed engineer, surveyor or landscape architect, indicating the areas to be excavated, existing and design contours, and proposed final grades and elevations. To help control storm water run off and erosion, to increase potential for vegetation growth, to improve slope stability and lateral support due to potential seismic activity (recognizing that fault lines exist on or near the properties), and to generally improve safety for future residential structures above and at the base of excavations, finished slopes shall not exceed 2.0 feet horizontal to 1.0 foot vertical drop from top to bottom.

2. A description of the methods and plans to be employed for simultaneous rehabilitation of the site during and after the mining operations;

3. A description of the landscape plan to include the installation of top soil, planting schedule, specifications for plant applications, mulching, and type of irrigation to be used;

4. A description of the hydrologic environment of the rehabilitated site to include a map illustrating water drainage areas such as lakes, springs, ponds, streams, well, pipe lines, culverts, ditches, and canals;

5. A description of all permanent roads and other man-made structures which are to remain after rehabilitation;

6. Cross sections shall be taken in the excavation site in areas of greatest material displacement. The number of cross sections required shall be dependent on the size and topography of the excavation site;

7. Artists rendition of the site as it is expected to appear after rehabilitation;

8. To the extent not already shown, compliance with 8.24.040; and

9. Evidence of surety.

E. Addendum. (To be completed prior to final issuance of the excavation permit.) Final conditions or limitations imposed by the City Council.

F. Authorization of Permit. All operation and rehabilitation maps, and plans shall include signature blocks for the owner, city engineer, and mayor. Upon obtaining signatures of the above individuals, an excavation permit shall be authorized. (Ord.2005-16, dated 12/13/05, Ord 98-10, dated 11/10/98 and Ord. 98-9, dated 10/27/98)

G. Pre-application Meeting. The owner or an authorized representative shall meet with a Development Review Committee (DRC) consisting of city staff, planning and engineering consultants and any other party designated by the mayor to review the proposed pre-application plans for the excavation site. The pre-application plans shall be submitted in five copies and will consist of the information requested in 8.24.040 and B above, plus the following:

1. A sketch of the existing site contours, drainage and unusual geologic conditions;

2. Anticipated amount of material to be removed;

3. Number, type and kinds of machinery and equipment to be employed;

4. Water to be used in the operation, source and disposal; and sketch of the site contours after excavation is complete to include location of natural drainage channels, vegetation and roadways.

H. Within 30 days of receipt, the DRC will make a determination if the preapplication is complete. If the DRC and owner reach an impasse over whether the application is complete, the application will be forwarded to the Planning Commission for consideration.

I. Review of Final Application.

1. If the pre-application is determined to be complete by the DRC, the operator or owner shall then provide a final application to the City, and include in the final application any additional information recommended by the DRC, along with maps, drawings, plans and other information required by 8.24.040 in five copies. Within fourteen days following receipt of the final application, the Planning Commission shall distribute copies of the final application and accompanying plans and statements to other interested county, city, and state agencies as determined by the Planning Commission and shall ask for comments and recommendations. Thereafter, the Planning Commission shall make a recommendation on the application to the City Council.

2. Within a period of not more than 30 days of receipt of a recommendation on the final application from the Planning Commission, the City Council shall call for a public hearing through proper notice as prescribed by law to consider said final application. Following the public hearing, the City Council shall consider the application and shall approve, approve with conditions, or deny the request for an excavation permit.

A. Notice of Failure to Comply. A notice shall be served on the owner or the permittee by the city engineer or his representative specifying the failure to comply with the requirements set forth in the excavation permit, or any city ordinance, requiring the owner or operator to appear before the City Council at a designated date and hour to show cause why said permit should not be revoked or modified.

B. Hearing. Upon the date set for hearing, the City Council shall hear all charges and other testimony relating to the matter under consideration. The City Council shall then decide to either continue, revoke, modify, or refer to the city attorney for further action as described in 8.24.115.

A. Dust, Noise, Vibration, Smoke, Lights and Odor. All equipment and machinery operation on the site and in the transportation of products through the city shall be conducted in such a manner as to minimize the impact of dust, noise, vibration, smoke, welding lights and odor on the city. Soil berming, landscaping and other techniques should be used to accomplish the objective of reducing the impact of noise and vibration on adjacent property. All state and federal emission guidelines and regulations must be adhered to, including compliance with any permit issued by the State Division of Air Quality. Access and haulage roads shall be maintained in a dust-free condition by surfacing or other treatment as approved by the city engineer.

B. Operation Boundaries. To protect neighboring residents and properties from the potentially adverse effects of dust, noise, vibration, smoke, welding and other lights, odors, and soil erosion; and to provide for the future development of the property; extractive operations are prohibited within 30 feet of the outside boundary of the permitted property, except in the case where gravel excavation operations or extractive activities are being conducted on the adjoining property and under those circumstances, by agreement of the adjoining property owners, extractive operations may be conducted up to the property line. Rock crushing operations shall not be conducted within 1,000 feet of the outside boundary of the permitted property, except such rock crushing operations may be conducted within 500 feet of the outside boundary of the permitted property if specifically approved as part of the excavation permit, with appropriate conditions consisting of a combination of buffering, berming, screening, landscaping, and other mechanisms to reduce or mitigate potential adverse impacts on neighboring land owners and the City.

C. Fencing and Barriers. Fencing or other suitable barriers shall be created and maintained on the excavation site or on portions of the site where such fencing is necessary because of dangerous conditions as determined by the city engineer. Fencing or barriers may also be required, at the option of the City Council, to provide screening from normal view and enhance general aesthetics of the area. Fencing, monuments or other means of identification shall be placed and maintained around the perimeter of the excavation site so as to enable reasonable identification of the property line separating the excavation property from adjoining land owners.

D. Landscaping. The planting of trees, shrubs, or other appropriate landscaping, or the placement of berms or structures shall be required where natural conditions make such feasible and practical in order to provide a dust or sound barrier, to screen excavation from normal view, to enhance the general appearance, and to minimize the damaging effect of such operations to the beauty and character of the surrounding area. A landscape plan, signed and stamped by a registered landscape architect must be submitted for review and approval. Vegetative material shall be planted together with necessary topsoil as per the schedule approved in the granting of the excavation permit and shall be maintained in a healthy, growing condition.

E. Washing Operations. The washing of sand and gravel shall be done so as to prevent the discharge of waste water onto any public or private roads or any private property without the written consent of the property owner.

F. Run-off Water Detention. The operator or owner shall, on determination by the city engineer, be required to construct run-off water detention facilities to prevent storm water pollution, damage to neighboring property and structures, and for protection of residents below the site. All Federal, State and Local regulations governing storm water control and pollution prevention shall be adhered to, including the provisions of a Phase II National Pollution Discharge Elimination System (NPDES) Storm Water Management Plan.

G. Mitigating Impacts on Public Roads and Highways. In order to mitigate the impact of gravel operations and related activities on public roads and highways, the conditions of an excavation permit may include a requirement to asphalt access roads for a prescribed distance before entering a public road or highway. In addition, all access roads used for gravel operations and related activities shall be periodically swept and cleaned as determined necessary for safety purposes.

H. Load Limits. All trucks, equipment and machinery operating on public or city streets shall comply strictly with the city, county, and state road limitations, such as Chapter 10.08 setting forth allowable vehicle weight limits, and all vehicles must meet state safety requirements.

I. Hours and Days of Operation.

1. Aggregate Hauling. Transport of aggregate materials from the site shall be limited to the hours of 6:00 a.m. to 6:00 p.m. Monday through Friday and from 8:00 a.m. to 5:00 p.m. on Saturdays. No hauling shall be permitted on Sundays. No truck used in hauling operations will be allowed into the site before the specified time or permitted to leave the site loaded with material from the site after the specified time.

2. Use of Processing Equipment. Crushing, screening and other aggregate processing shall be limited to the hours of 6:00 a.m. to 7:00 p.m. Monday through Friday and 8:00 a.m. to 5:00 p.m. on Saturdays. No processing shall be permitted on Sundays.

3. Maintenance and Repair. Hours of operation for maintenance and repair of vehicles and equipment on site shall be limited to 6:00 a.m. to 10:00 p.m. Monday through Saturday, provided Noise Ordinance regulations are complied with.

4. No excavation operations, shall take place on Sunday or the following legal holidays: New Years Day, Memorial Day, Independence Day, Pioneer Day, Labor Day, Thanksgiving Day, and Christmas.

J. Restricted Manufacturing Operations. The manufacture of concrete building or landscape products, the production or manufacture of lime products, the production of ready-mixed concrete, the production of asphalt and any similar production or manufacturing process which might be related to the excavation operation shall not be permitted.

K. Duration of Excavation Operation. The City recognizes that the life of an excavation operation may be extensive. The City further recognizes that there are impacts on adjoining property owners, the general public, public improvements such as roads, and other safety considerations. Inasmuch as it is the citys intent to permit excavation only as a means of contouring the land to make it more useful and valuable for future development, the owner or operator shall be allowed to extract material for a period of time determined practicable by the City Council, but not to exceed twenty years. A permit may be renewed by City Council following the initial term based upon compliance with the excavation ordinance. Conditions may be added to a subsequent permit to mitigate those impacts. Any renewal permit will not be longer than ten years.

L. Cessation of Operations. Within one year after the cessation of operations, all temporary structures (except fences), equipment, rock piles, rubble, or other debris shall be removed or back-filled into the excavation so as to leave the site in neat and orderly condition as determined by the city engineer and as provided below. This includes the rehabilitation of the last area to be excavated.

A. Progressive Rehabilitation by Phase. The owner or operator shall submit a plan for progressive rehabilitation, meaning that rehabilitation will commence and be carried on during excavation operations. When an area is completed per the excavation plan, that area shall be rehabilitated. Rehabilitation shall proceed after completion of a phase, or site if there are no phases, as set forth in the approved excavation and rehabilitation plan.

B. Backfilling. Where backfilling is required, the excavated area shall be graded and backfilled with uncontaminated native materials or topsoil only. This backfill must be of such material as to support vegetation and grass growth. The graded or backfilled area shall not be contoured so that it will collect and permit stagnant water to remain thereon. Peaks and depressions in the excavation area shall be reduced to a surface which will result in level or gently sloping topography in substantial conformity to the land area immediately surrounding and which will minimize the possibility of erosion. Final backfill and cut slopes shall not be steeper than 2.0 feet horizontal to 1.0 foot vertical.

C. Grading, Stockpiling, Seeding, Phases, Etc . Excavations shall be planned so as to progressively develop the proposed final land forms by grading and by stockpiling overburdened materials in areas designated for future land forms or in excavations where the material will be spread over the excavation floor where no future excavation is anticipated. Such areas are to be seeded and planted immediately after grading is completed or within appropriate planting seasons, but in any case, the grading and planting shall be complete within one year. The rehabilitation plan shall contain a description of the phased rehabilitation process throughout the anticipated life of the excavation.

D. Final Rehabilitation of Entire Site. Final rehabilitation shall begin immediately for any site where operations authorized under an excavation permit have been completed. The final rehabilitation shall conform to the plan approved (including approved modifications) in the excavation permit. All rehabilitation plans shall conform at least to the below listed minimum standards and requirements listed elsewhere in this chapter; provided however, that the City Council may require more stringent standards where special hazards exist in order to protect the health, safety, or general welfare of the public, and to prevent injury to property or improvements:

1. Grading. Slopes, overburdened stockpiles, and abandoned soil piles shall be graded and smoothed so as to control erosion and prevent the creation of potentially dangerous areas in accordance with the direction of the city engineer.

2. Water-filled Areas. All excavations which create standing water or ponds shall be filled with native materials. This requirement shall not apply, however, to any water filled excavations scheduled to become an integral part of the final rehabilitation plan. The rehabilitation of these areas shall be done in such a manner that the groundwater is not polluted. Fill material shall be porous to allow for water dispersion unless otherwise specified in the rehabilitation plan.

3. Landscaping. Unless inconsistent with the final proposed use of the rehabilitated land, the excavated areas and all other disturbed areas shall be replanted and maintained with trees, shrubs, grasses, or other vegetative ground cover, preferably native to the area, in order to minimize erosion and to restore the land to a natural appearance, or to an appearance previously approved by the City Council.

4. Removal of Buildings and Equipment. As soon as excavation has been permanently terminated, all buildings and equipment (including electrical conduits) used in the administration of the operations, shall be removed unless deemed necessary to the approved final use of the rehabilitated site.

A. Provision of Surety before Operations Begin. After receiving notification that the application for an excavation permit has been approved, but prior to commencement of such operation, the operator shall provide surety to the city, in a form and amount to be fixed by the City Council as recommended by the city engineer sufficient to secure the performance of the rehabilitation agreement.

B. Amount of Surety. In determining the amount of surety to be provided, the city engineer shall consider factual information as to the magnitude, type and costs of approved rehabilitation activities planned for the land affected and the nature, extent and duration of operations under the excavation and rehabilitation plan. The city engineer shall determine the amount of the bond reasonably related thereto, to protect the city and ensure compliance with the requirements with the excavation permit; however, the amount of bond shall not exceed one hundred percent of the estimated cost of rehabilitating the excavation. The bond shall be periodically reviewed to ensure that the amount of the bond is capable of insuring adequate rehabilitation and shall be adjusted accordingly.

C. Form of Surety. In determining the form of surety to be provided, the City Council shall approve a method acceptable to the owner or operator that is consistent with the requirements of this ordinance, which may be one or a combination of corporate surety bond, land, cash, or other deposited securities.

D. Release of Surety. The liability under surety provisions shall continue until such time as released as to part, or in its entirety, by the City Council.

A. Bona Fide Emergencies. The Operator of any excavation operations may obtain approval from the City Administrator or his designee for any temporary change to the conditions of an excavation permit relating to hours of operation, days of operation and hauling routes in order to respond to bona fide emergencies of emergent circumstances. Each such request shall be promptly reviewed and may be approved subject to the imposition of reasonable conditions to reduce or mitigate potential adverse impacts on neighboring landowners and the City such as dust control, noise reduction and traffic control requirements. Any emergency beyond 30 days must be reviewed by the City Council.

B. Short Term Contractual Obligations. The Operator of any excavation operations may obtain the approval of the City pursuant to a conditional use permit application following the normal process provided by City ordinance for any temporary change to the conditions of an excavation permit relating to hours of operation, days of operation and hauling routes for Contractual Obligations, which are defined for these purposes as obligations arising under a contract where a governmental agency or bona fide third party contracting with a governmental entity or public agency requires, as a condition to entering into such a contract, that the Operator deliver or otherwise provide aggregate products (including hauling and processing) on days and hours of operation not normally otherwise allowed under the provisions of this ordinance.

C. Temporary and Permanent Extended Operations. The Operator of any excavation operations may obtain the approval of the City pursuant to a conditional use permit application following the normal process provided by City ordinance for occasional temporary extended operations or permanent extended operations relating to hours of operation and days of operation subject to review and approval based on the following criteria and the imposition of reasonable conditions to reduce or mitigate the potential adverse impacts on neighboring landowners and the City.

1. Adequately addressing public safety concerns and other potential adverse impacts of any such proposed extended operations.

2. Adequately addressing public safety concerns specifically relating to the impact of heavy truck travel traveling to and from such excavation operations by various means including, but not limited to, demonstrating the availability of an alternative access that does not travel through existing residential neighborhoods or by providing an alternative access for such heavy truck travel in order to address significant public safety concerns arising out of the impact of such heavy truck travel on 500 West and other current or potential north/south streets in the City.

3. Providing amenities and/or unique public benefits to address and mitigate potential adverse impacts of any such proposed extended operations.

Chapter 8.32 Cost Recovery for Public Safety Emergencies

A. Aggravated Fire Emergency means:

1. A fire proximately caused by the owner or occupier of property or a structure, which presents a direct and immediate threat to public safety and requires immediate action to mitigate the threat, and the fire:

a. is caused or contributed by the failure to comply with an order from any State, County, City or local agency, department or official; or

b. occurs as a direct result of a deliberate act in violation of State law or the ordinances or regulations of the County, City or other local agency;

2. A fire that constitutes arson or reckless burning as defined by