§ 34-164. Criteria for issuance.

(a)

In considering and reviewing an application for an excavation permit, the city engineer shall be guided by the general purpose of orderly municipal planning, the prohibiting of any condition or the doing of any act constituting or creating a nuisance, health hazard or endangering the lives or property of others. As aids in accomplishing these purposes, the following points shall be considered by the city engineer in reviewing applications for excavation permits; however, such aids shall not be exclusive in the city engineer's consideration and ultimate recommendation:

(1)

Soil and earth erosion by water and wind;

(2)

Surface water drainage and water drainage facilities of the excavation;

(3)

Lateral supports of the excavation;

(4)

Condition in which the excavation is to be maintained and safeguards to be taken to prohibit creating a nuisance, health hazard, attractiveness to children and features provided to dispense with the endangering of lives and property of the public;

(5)

Land values and uses in the area of the excavation;

(6)

The manner and purpose for which the property is to be restored; and

(7)

Such other factors as may bear or relate to the coordinated, adjusted and harmonious physical development of the city.

(b)

In arriving at his ultimate recommendation, the city engineer may attach such special conditions as may be reasonably necessary to attain the overall purpose of this article.

(c)

When the city engineer makes his determination regarding the granting or denial of the permit, written notice of such determination must be given via certified mail, return receipt requested, to the applicant and each owner or occupant of any property within 200 feet of the excavation. Such notice shall state that any person within ten days from the recommendation to grant or deny the permit may appeal to the city council for a public hearing regarding such grant or denial by directing a letter to the city council addressed to the office of the city clerk, at the city hall, setting forth therein the date of the recommendation of the city engineer and the reasons the person so appealing feels that he has been or will be injured by the action from which he is taking such appeal. The same such notice must also be published in the official newspaper of the city. All costs associated with the notice shall be borne by the applicant and shall be in addition to the application fee as required in section 34-163.

(Code 1967, § 17-27; Ord. No. 6938, § 2, 2-24-94)