(a) No person, partnership, corporation or other legal entity shall, during construction, landscaping or other activity, cause any mud, dirt, sand, gravel, stone or other similar substance to be removed from its property, or from property upon which same is working on behalf of another, and deposited upon any City street at any time beyond the earlier of:
(1) The cessation of the construction, landscaping or other activity which resulted in the deposit or
(2) Thirty minutes after dusk on the date on which the deposit occurred.
(b) The penalty for a violation of subsection (a) above shall be up to $200 plus court costs for the first violation, up to $500 plus court costs for the second violation, and up to $2,500 plus court costs for the third and all subsequent violations. Each day shall constitute a separate violation.
(c) In addition to the penalties otherwise set forth in this section, the City may remove any substance deposited on any City street in violation of this section and shall charge the cost of such removal against the owner of the property and/or the general contractor of the project being performed on the property from which came the deposit.
(d) In addition to the penalties otherwise set forth in this section, the Department of Community Services, upon receiving notice that a second or subsequent complaint and summons for the violation of this section has been issued for the same property, shall issue a “stop work order” on the property at issue. Moreover, upon receipt of such notice, the Department of Community Services shall not issue an occupancy permit for the property at issue unless the owner thereof first posts a bond in the amount of $5,000 with the Department of Community Services, such bond to be used to pay for the removal of any further substances which may be deposited from said property on City streets during the pendency of the legal proceedings regarding such second or subsequent violation(s) of this section.
(e) In a new residential subdivision section under construction, this section shall not apply to a City street until houses are completed and ready for occupancy on 50% or more of the lots platted on that portion of said street that is located within the subdivision section.
(f) The Carmel Police Department shall enforce violations of this section.
(`91 Code, § 8-69) (Ord. D-1534- 01, 9-4-01; Ord. D-2505-19, 12-16-19)