This Chapter applies to any geological or geophysical survey, including vibroseis and seismic surveys within the City of Lakewood. The purpose of this Chapter is to regulate such surveys. Any permit to conduct such a survey shall not be construed as granting to the permittee any right to drill or explore by drilling for gas, oil or hydrocarbon substance, such activity being prohibited by initiative measure adopted by the people of Lakewood on April 11, 1956. Each applicant for a permit under this Chapter acknowledges that the drilling for or the operation of oil or gas wells or wells for the production of hydrocarbon substances is prohibited within the City of Lakewood.
[Added by Ord. 75-13]
No person shall conduct any such survey within the City of Lakewood unless pursuant to a valid unexpired permit issued in accordance with the terms and provisions of this Chapter.
Each application for such a permit shall be accompanied by the following:
A.
An application fee in the sum of $300.00 which shall not be refundable. This fee shall be in lieu of any other application fee required by this Article.
B.
Public liability and property damage insurance in the form acceptable to the City in the sum of $300,00 per accident naming the City, its officers and employees as additional insured, or a certificate to that effect.
C.
Map or description of place the work will be performed and nature of work to be performed.
Any application to use public roads, streets and highways shall be referred to the Superintendent of Streets of the City of Lakewood for a report and for a permit if required by Chapters 1 through 7. Any application for use of a State Highway shall be referred to the State Department of Public Works for approval.
After the foregoing has been complied with, the application for permit shall be referred to the Director of Public Works for the issuance of a permit. The Director of Public Works in determining whether or not to issue such a permit, shall determine that:
A. | The use of said permits will not constitute an interference with the required and necessary use of the public property involved. |
B. | Under reasonable conditions imposed, the survey will not unreasonably interfere with the public use and enjoyment of any public property involved. |
C. | That under reasonable conditions imposed the survey will not be detrimental to public health, safety and welfare or detrimental to public property or interfere with the peace and enjoyment of private property. |
In issuing such a permit, the Director of Public Works shall be limited to the following: | |
A. | No permit shall be for a period exceeding thirty days from the commencement of the work. |
B. | The permit shall specify the exact place or location of the survey work and no survey work shall be performed in any other location without the approval of the City Administrator. |
C. | Because of traffic volume or other conditions, the City Administrator may limit the hours or times of such survey. |
The permittee shall:
A.
File an agreement with the City in the form approved by the City Attorney agreeing to indemnify and hold the City and each officer and employee thereof harmless from liability, including covenant to defend.
B.
Obtain permission of any private property owner to use private property for the purpose of conducting such a survey.
C.
File an agreement in the form approved by the Superintendent of Streets with the City of Lakewood agreeing to repair or replace any damage to City property and secured by a bond in the minimum amount of $5,000.
As a condition of the issuance of such a permit, permittee agrees that all factual and physical exploration results, logs, and records resulting from such survey shall be made available to the Director of Public Works, upon request. Any such factual or physical exploration results, logs or records which the permittee is required to make available to the Director of Public Works under this Section shall, pursuant to Section 6253 of the Government Code of the State of California, be for the confidential use of the Director of Public Works and each member of the City Council, and shall not be open to inspection by any person or agency without the written consent of the permittee. It shall be unlawful for the Director of Public Works or any member of the City Council, or any City Officer or employee to disclose to any person, who is not the Director of Public Works or a member of the City Council or who is not performing as a City Officer any function or work assigned to him by the Director of Public Works in the utilization of geological or geophysical surveys, any information obtained from the inspection of such factual or physical exploration results, logs or records, or to use such information for purposes other than the administration of the functions, responsibilities and duties vested in the Director of Public Works and the City Council by law, except upon the written consent of the permittee.
Notwithstanding any provision of this Chapter, each permittee shall obtain, when required under Article VI of this Code, a business license.
Any person aggrieved by the decision of the Director of Public Works under this Chapter may request a hearing before the City Council.