A. Precautions: No person shall discharge or allow to be discharged from residential or commercial areas within the city limits from any source whatsoever quantities of airborne particulate matter or dust which may cause injury, detriment, nuisance, or annoyance to the public, without taking reasonable precautions to prevent such particulate generated by the activity from becoming airborne.
B. Definitions: For purpose of this section:
AIRBORNE PARTICULATE MATTER: Material discharged into or suspended in the air in finely divided form, i.e., sand or dust.
COMMERCIAL AREA: Any area within a C-1, C-2 and H-I zoning classification under title 10, "Zoning Regulations", of this code.
DUST: Very fine particles that become airborne due to wind, traffic and other human activity.
REASONABLE PRECAUTIONS: The placing of paving, gravel, vegetation, grass or other matter on the site to prevent the blowing of such quantities of airborne particulate matter or dust on or from the premises.
RESIDENTIAL AREA: Any area within an R-1, R-1A, R-2, MH, and R-3 zoning classification under title 10, "Zoning Regulations", of this code.
C. Nuisance: The allowing or creating of such dust or airborne particulate matter shall be considered a public nuisance.
D. Written Complaints: Any person aggrieved by violation or apparent violation of this section may file a written complaint with the city clerk, and the city shall investigate the complaint and may take action to have the violation penalized and removed, if the violation is found to exist.
E. Notice Of Violation: If the violation is found to exist, the city may issue a notice of violation, which is a warning which requires a reasonable time limit for abatement, which shall not be less than fifteen (15) days after the issuance of the notice of violation. The notice of violation shall be written and shall be served by personal delivery or by certified mail to the person's last known address, or the business address, or by posting upon the property for ten (10) calendar days. Upon the failure to abate a violation subsequent to the issuance of the notice of violation, the city may maintain a complaint in circuit court in the name of the city, for ordinance violation to be penalized under the general penalty ordinance, and/or to enjoin all persons from maintaining or permitting the nuisance and to abate the same. (Ord. 622, 8-27-2012)