Any surface mining operation existing after January 1, 1976, which is not conducted in accordance with the provisions of this chapter, constitutes a nuisance and shall be abated pursuant to Chapter 23.10. Any surface mining operation for which a vested right exists, but which is deactivated as of the effective date of the ordinance codified in this chapter constitutes a nuisance to be abated if surface mining operations are again started without compliance with the applicable provisions of this chapter. (Ord. 2592 § 9 (part), 1992)