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HomeMy WebLinkAboutOrdinance #1559 ORDINANCE NO. 1559 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY ADDING ARTICLE 239 THERETO ENTITLED, "ACTI- VATION OF NONPRODUCING OIL WELLS" The City Council of the City of Huntington Beach does ordain as follows : SECTION 1. The Huntington Beach Ordinance Code is hereby amended by adding thereto Article 239 , entitled, "Activation of Nonproducing Oil Wells ," being Sections 2391 through 2399 .7 , to read as follows : 2391. ACTIVATION OF IDLE WELLS PROHIBITED . No person or operator shall activate or put into production an oil well within the City of Huntington Beach after notice has been given that such well is deemed to be an idle well pursuant to Section 2363 of this code, or any well whose drill site has been cleaned and restored in accordance with such Section 2363 , unless an activation permit has been first obtained pursuant to the provisions of this article. 2392 . ACTIVATION PERMIT REQUIRED. The operator of any well subject to provisions of this article may file with the Department of Oil Field Control an application for activation of such well . In the case of a well whose drill site has not been cleared and re- stored, as required by Section 2363 of this code , such application shall be filed within twenty (20) days after the date of notice given pursuant to Section 2363 of this code , or within twenty (20) days after determination of appeal therefrom taken under Article 238 of this code, or within twenty (20) days after the effective date of this ordinance, whichever last occurs . In the case of any well whose drill site has been cleaned and restored, as required by Section 2363 of this code, the appli- cation this article may be filed at an time . c tion for permit u y a y p 2393 • APPLICATION FEE No permit application shall be accepted ted by the Department of Oil Field Control unless a permit application fee in the sum of Fifty Dollars ($50 . 00) , payable to the City of Huntington Beach, is paid when such application is presented for filing. Such fee is not refundable . -_ 2394 . REFERRAL . Upon receipt of such application and fee , the Department of Oil Field Control shall refer the application 1. to the Board of Zoning Adjustments of city and shall transmit the fee to the city Finance Department . 2395 . REPORT AND RECOMMENDATION OF OIL FIELD SUPERINTENDENT. Within ten (10) days after such application is filed, the Oil Field Superintendent , or his representative , shall investigate the matter and shall make a report and recommendation in writing to the Board of Zoning Adjustments . The Board shall consider such report and recommendation prior to taking action on the application. 2396 . ACTION BY BOARD . The Board of Zoning Adjustments shall have authority to approve, conditionally approve or deny the appli- cation for permit . However, the Board shall not approve , or con- ditionally approve such application unless and until it finds all of the following: (a) That the property on which such well is located is zoned for oil production at the time the application is made; or A conditional exception to permit oil production has been granted at the time such application is made . (b) That prior to the approval or conditional approval of such application, applicant has complied with and completed all appli- cable provisions of Article 968 of this code with respect to the property on which such well is located, notwithstanding the nonconforming oil operation provisions contained therein. Appli- cant shall submit a plot plan to the Board, showing that the oil operation and property comply with such applicable provisions of Article 968 of this code . (c) The applicant is not in violation of any provision of the Huntington Beach Ordinance Code at the time said application is acted upon by the Board. 2397 . TERMINATION OF APPLICATION. The application shall be deemed denied ninety (90) days after the date of its filing. The Board may extend the period of time in which action may be taken on the application for one (1) additional ninety (90) day period. 2398 . CONDITIONS . The Board of Zoning Adjustments may im- pose any conditions which it may deem necessary to insure compliance by the operator with the provisions of the Huntington Beach Ordinance Code . 2399 . ISSUANCE OF PERMIT . When action has been taken by the Board upon the application, the Board shall transmit its findings , 2 . together with its approval, conditional approval or denial of such application to the Department of Oil Field Control, which shall issue a permit in accordance therewith, or give notice to appli- cant of the denial of such permit . 2399 . 1. REVOCATION OF PERMIT . The Oil Field Superintendent shall revoke any permit for activation of idle well granted under this article when the Board of Zoning Adjustments , after notice and hearing as provided by this article , has found the following: (a) That the operator of said idle well is in violation of the Huntington Beach Ordinance Code (neither prosecution nor con- viction is necessary to such finding) ; or (b ) That the operator does not have , paid :and in force , all licenses and/or permits for such well as required by this code; or (c) That the operator of said idle well has failed to comply with any of the conditions attached to the permit ; or (d) That the idle well has not commenced production within ninety (90) days following issuance of permit ; or (e) That the well for which the permit was granted continues to be or becomes an idle well, as defined in Article 233 of this code . 2399 . 2 . HEARING. No permit issued under this article shall be revoked without a hearing being first held by the Board of Zoning Adjustments after ten (10) days written notice of such hearing to the operator of such well . 2399 . 3 • NOTICE OF REVOCATION. When the Board of Zoning Ad- justments , after hearing as herein provided, determines that the permit shall be revoked pursuant to Section 2399 •1 of this code, the Oil Field Superintendent shall revoke such permit and give written notice of such revocation to the operator . 2399 . 4 . EFFECT OF REVOCATION. Upon the service of notice of revocation upon the operator, the operator shall clean and restore the drill site and surface thereof, as required by Section 2363 of this code, within ninety (9'0 ) days after such notice has been served . 2399 . 5 • APPEAL . Any decision made under this article may be appealed to the City Council in accordance with the procedures set forth in Sections 2383 and 2384 of this code , in the same manner as if the decision appealed from were made by the Huntington Beach Oil Field Superintendent . 2399 . 6 . SEVERABILITY . If any section, subdivision, sentence , clause, phrase , or portion of this article, or the application 3 . thereof to any person, is for any reason held to be invalid or un- constitutional by the decision of any court of competent juris- diction, such decision shall not affect the validity of the re- maining portions of this article or its application to other persons . The City Council hereby declares that it would have adopted this article and each subsection, subdivision, sentence, clause , phrase or portion thereof, irrespective of the fact that any one or more sections , subdivisions , sentences , clauses , phrases or portions or the application thereof to any person be declared invalid or unconstitutional . 2399 . 7 • PENALTY. Any person convicted of a violation of any provision of this article shall be punishable by imprison- ment in jail for a period not exceeding six (6) months , or by fine not exceeding Five Hundred Dollars ($500) , or by both such fine and imprisonment . 2399 . 8 REFERENCES . All references in this article to this code or any section of this code include future amendments thereto . SECTION 2 . All provisions and sections in conflict with this ordinance are hereby repealed; provided, however, that any such repeal shall not affect or prevent the prosecution and punish- ment of any person, firm or corporation for any act done or com- mitted prior to the effective date hereof in violation of the pro- visions which are repealed hereby. SECTION 3 . This ordinance shall take effect thirty days from its adoption. The City Clerk shall certify to the passage of this ordinance and cause same to be published within fifteen days of its adoption in the Huntington Beach News , a newspaper of general circulation, printed and published in Huntington Beach, California . PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 20th day of April , 1970 . Mayor ATTn"'o-L e ( APPROVED AS TO FORM: City erk ity Attorney,- ` 4 . z Ord. N,o. 1559 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss : CITY OF HUNTINGTON BEACH ) I , PAUL C. JONES, The duly elected, qualified, and acting City Clerk of the City of Huntington Beach and ex- officio Clerk of the City Council of the said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing ordinance was read to said City Council at a regular meeting thereof held on the 6th day of April, 19 79 , and was again read to said City Council at a regular meeting thereof held on the 20th day of April , 19 70 , and was passed and adopted by the affirmative vote of more than a majority of all the members of said City Council. AYES: Councilmen: Shipley, Bartlett , McCracken, Green NOES: Councilmen: None ABSENT: Councilmen: Kaufman, Matney, Coen City Clerk and W officio Clerk of the City Council of the City is PAUL C. JONES, CITY CLERK of the city of of Huntington Beach, California Huntington'Beach and ex officio Clerk of the City this ordinance has Council, do hereby certify that bee publisheo in the Huntington Beach News on 19 - -- in rdance ith the Ci Charter of said City, ... ........ ... sf City Clerk "' Deputy City Clerk