30-14 MINING, QUARRY, SAND AND GRAVEL EXCAVATION OPERATIONS: Enforcement

A. The CDD is designated and authorized as the officer charged with the enforcement of this Chapter. It shall be the duty of the CDD to inspect or cause to be inspected all excavation operations regulated under the provisions of this Chapter. Where it is determined by the CDD that there are violations of the provisions of this Chapter, the CDD shall enforce the provisions of this Chapter, and in performance of those duties seek the assistance of the City Attorney to file actions in the courts where necessary, and any failure to do so shall not legalize any violation of such provision. B. Default. 1. Notice. If the Owner or Operator fails to perform their obligations under the Excavation Permit, the City shall provide a notice of default to the Owner or Operator. 2. Contents of the Notice of Default. The notice of default shall: a. Specific Claim. Specify the claimed event or action resulting in the default; b. Applicable Provisions. Identify with particularity the provisions of any applicable law, rule, regulation, or provision of the Excavation Permit that is claimed to be in default; c. Materiality. Identify why the default is claimed to be material; and d. Mandatory Cure. Provide a time for curing the default which shall be of no less than thirty (30) days duration. 15 3. Meet and Confer, Mediation. Upon the issuance of a notice of default, the parties shall engage in the “Meet and Confer” and “Mediation” processes specified in sections 30-14(C) and 30-14(D). 4. Extended Cure Period. If any default cannot be reasonably cured within thirty (30) days, then such cure period may be extended at the discretion of the party asserting default so long as the defaulting party is pursuing a cure with reasonable diligence. C. Meet and Confer Requirement. The City and Owner or Operator shall meet within fifteen (15) business days of any notice provided pursuant to section 30-14(B)(1) to resolve the issues specified in the notice. D. Mediation Requirement. 1. Issues Subject to Mediation. Issues resulting from the City’s issuance of a notice pursuant to section 30-14(B)(1) that the City and the Owner or Operator are not able to resolve by “Meet and Confer” shall be mediated. 2. Mediation Process. If the City and the Owner or Operator are unable to resolve a disagreement subject to mediation, the parties shall attempt within ten (10) business days to appoint a mutually acceptable mediator with knowledge of the legal issue in dispute. If the City and the Owner or Operator are unable to agree on a single acceptable mediator, they shall each, within ten (10) additional business days, appoint their own representative. These two representatives shall, between them, timely choose the single mediator. The Owner or Operator shall pay the fees of the chosen mediator. The chosen mediator shall, within fifteen (15) business days, review the positions of the parties regarding the mediation issue and promptly attempt to mediate the issue between the parties. If the parties are unable to reach agreement, the mediator shall notify the parties in writing of the resolution that the mediator deems appropriate. The mediator’s opinion shall not be binding on the parties, nor shall it be admissible in any subsequent proceedings regarding the dispute.