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§ 92.05 FUGITIVE DUST.
   No person shall allow, cause or permit any materials to be handled, transported or stored or a building, its appurtenances or a construction haul road to be used, constructed, altered, repaired or demolished with the exception of farming operations or dust generated by ordinary travel on unpaved public roads without taking reasonable precautions to minimize atmospheric pollution. All persons shall take reasonable precautions to prevent the discharge of visible emissions of fugitive dusts beyond the lot line of the property on which the emissions originate. Reasonable precautions may include, but are not limited to, the following procedures:
   (A)   Use, where practical, of water or chemicals for control of dusts in the demolition of existing buildings or structures, construction operations, the grading of roads or the clearing of land;
   (B)   Application of suitable materials such as, but not limited to, asphalt, oil, water or chemicals on unpaved roads, material stockpiles, race tracks and other surfaces which can give rise to airborne dusts;
   (C)   Installation and use of containment or control equipment to enclose or otherwise limit the emissions resulting from the handling and transfer of dusty materials such as, but not limited to, grain, fertilizer or limestone;
   (D)   Covering, at all times when in motion, open-bodied vehicles transporting material likely to give rise to airborne dusts; and
   (E)   Prompt removal of earth or other material from paved streets onto which earth or other material has been transported by trucking or earth-moving equipment, erosion by water or other means.
(1999 Code, § 52.05) Penalty, see § 10.99
§ 92.06 EXCESSIVE EMISSIONS DECLARED TO BE NUISANCES.
   It is unlawful for any person to cause, allow or permit the escape of quantities of gases or particulate matter from any source whatsoever in a manner as to be detrimental to the public or to endanger the health, welfare or safety of the public, or in a manner as to cause injury or damage to property or business. The escape of the matter is declared to be a public nuisance and may be ordered abated by the enforcement official.
(1999 Code, § 52.06) Penalty, see § 10.99
§ 92.07 NOTICE TO ABATE.
   (A)   Whenever the enforcement official determines that there are reasonable grounds to believe that the owner or operator of any equipment is maintaining fuel-burning equipment, incinerator or refuse-burning process or control equipment or other equipment in violation of any section of this chapter, or that a violation of this chapter exists, the enforcement official shall give notice of the alleged violation to the owner or operator of the equipment or to the person who is violating this chapter.
   (B)   Notice shall be made as follows:
      (1)   The notice shall be made by telephone to the listed telephone directory number or telephone number supplied by the owner or operator of the offending equipment or property. If the telephone notification is not successful after two attempts, no further immediate notification will be made. Written notification will be made within five days;
      (2)   The notice shall state the specific violation alleged;
      (3)   The notice shall allow a reasonable time for the performance of any correction the enforcement official may require to comply with the provisions of this chapter. The reasonable time allowed shall be determined by the enforcement official and shall be based on the nature of the violation, the frequency of the violation, the estimated time necessary to correct the violation and other relevant factors as determined by the enforcement official. In the event the reasonable time allowed for correction is more than 48 hours, the enforcement official shall report in writing to the City Administrator the reasons for the correction time. In the event any extensions of time are granted to correct a violation, the enforcement official shall report in writing to the City Administrator the reasons for the extension; and
      (4)   If deemed advisable by the enforcement official, the notice shall contain an outline of corrective action which, if accomplished, will effect compliance with the provisions of this chapter.
   (C)   In case the owner or operator or other responsible person fails or refuses to comply with the notice, the city may order the enforcement official to perform the required actions to abate the nuisance, as specified in Chapter 90 of this code of ordinances.
(1999 Code, § 52.07) Penalty, see § 10.99
§ 92.08 ACTION TO ENJOIN.
   In addition to any other penalties provided herein, when any structure, device, premises or equipment is constructed, altered, operated or maintained in violation of this chapter, or when a nuisance exists, or when there has been any other violation of the provisions of this chapter, the enforcement official may request the City Attorney to bring suit in a court of competent jurisdiction to prevent the unlawful construction, alteration, operation or maintenance, or to restrain, correct or abate the violation or nuisance. Prior to the filing of any action to enjoin the creation, construction, alteration, operation or maintenance of any condition that violates this chapter or to enjoin the existence of a nuisance under this chapter, the City Attorney shall notify the Council of the pending action.
(1999 Code, § 52.08)