(A) Prohibited acts.
(1) Any act, neglect, or omission or any condition caused or allowed to continue, which creates or results in causing a condition in or upon any public street, sidewalk, or storm drain which requires special cleaning or repair of such street, sidewalk, or storm drain is hereby prohibited.
(2) Prohibited acts, neglects, omissions, and conditions which result in requiring special cleaning or repair shall include but shall not be limited to:
(a) The hauling of dirt, debris, or materials removed from the sites of construction or reconstruction of buildings or structures, or waste materials of any kind, in such manner that any portion of such dirt, debris or materials is spilled, lost, dropped or left upon the streets or sidewalks.
(b) The depositing or leaving upon the streets or sidewalks of mud, dirt, or any other material as a result of the use of trucks, construction equipment, or machinery, regardless of whether such materials are spilled, lost, or dropped in transit or are deposited upon the surface of the street or public property by the tires or wheels of such trucks, construction equipment, or machinery.
(c) The grading of lots, land, or driveways at elevations higher than street or sidewalk level or any other acts, neglects, or conditions created or allowed to exist upon such property which result in mud, dirt, soil, gravel, debris, or other materials being washed onto public streets or sidewalks or into any public storm drainage system.
(B) When cleaning or repair required; definition. “Special cleaning or repair” of streets, sidewalks, and the storm drainage system shall be deemed to be “required” when their condition is such that the public health, safety, welfare, or public use of the same is threatened, limited, or impaired; the use and enjoyment of property abutting such streets or sidewalks is diminished or limited; or substantial damage is caused to the streets, sidewalks, or drainage facilities or to such abutting property. For the purpose of this section, SPECIAL CLEANING OR REPAIR shall include resurfacing, restoration of gravel, and similar repairs made necessary by prohibited acts, neglects, or conditions.
(C) Village to clean and repair sidewalks and drains; record of costs.
(1) The Public Works Department will clean and repair all streets, sidewalks, and storm drains as and when special cleaning or repair is required by conditions defined in division (B) of this section.
(2) The Public Works Department will keep records of the cost of all such specially required cleaning and repair (which may be computed on the basis of established per mile and/or per hour cost of the use of village equipment, plus labor and materials, including water, likewise computed at cost to the village). A cost schedule shall be determined by staff on an annual basis.
(D) Criminal penalty. If any person shall violate this section, he or she shall be guilty of a Class 3 misdemeanor and shall be fined not more than $500, subject to the provisions in G.S. § 14-4.
(Ord. 95-07, passed 5-8-95; Am. Ord. 2022-03, passed 4-25-22)
Penalty, see § 94.99