(A) No person shall litter or track on the streets and alleys of the municipality any mud, earth, snow, rubbish, rocks, refuse and other debris. If, because of the weather or the type of work being done, it becomes impossible to avoid such littering and tracking of the streets, the parties responsible therefor shall, immediately, remove, wash and/or otherwise clean such streets, curbs, inlets, and storm sewer lines, at their expense.
(B) If there is such littering and tracking of the streets that it causes a public nuisance, environmental hazard or danger to the safe and free travel about the community, the Director of Streets and Utilities, or his/her designated representative, may order the immediate removal of all obstructions to be completed to his/her satisfaction by the party responsible.
(C) For properties on which there is construction or excavation, the developer, permit holder, contractor, and/or responsible party for the property shall be solely responsible for all infractions of this section caused by himself, his subcontractors and all delivery people and shall be responsible for thoroughly cleaning, on a daily basis, all streets, highways or private properties of all mud, earth, snow, rubbish, rocks, refuse or other debris of any kind from such work or related transportation to and from the work site.
(D) Upon failure of any party to remove such materials or obstructions within a two hour period removal services shall be rendered by the appropriate city agency and the party billed at the current hourly rates of the agency's equipment and personnel. For removal, the city retains the right to contract out such service as deemed necessary and likewise bill the responsible party for all costs incurred.
(E) Failure to pay such bill within 30 days shall be grounds for a stop work order, revocation of any and all city permits, licenses, performance bonds, and letters of credit issues to or posted by such party for the affected permit site. If such bill has not been paid within 30 days after mailing, the Director of Finance shall certify the charges for services to the County Auditor upon direction by council and approval of certification, together with a proper description of the premises. Such amounts shall be entered upon the tax duplicate, shall be a lien upon such lands from the date of the entry, and shall be collected as other taxes and returned to the city for the deposit into the general fund. The city may refuse to issue any new permits or licenses for so long as any bill or fines remain unpaid.
(F) The city maintains the right to issue a stop work order for repeated offenses of this chapter or for failure to comply with division (A), (B), and (C) of this section.
(G) Failure of the permit holder to make corrections shall result in a minor misdemeanor and shall be subject to penalty under § 70.99.
(H) For the purpose of this section, it shall be presumed, unless otherwise demonstrated by the permittee, that any mud, earth, snow, rubbish, rocks, refuse, or other debris of any kind deposited on any street or public highway emanating from any point of entry or exit to or from the work site and/or property within the immediate vicinity of the work site and within the ordinary course of travel of vehicles to and from the work site and/or property originated from or was due to such work or related transportation.
(Ord. 28-98, passed 5-4-98; Am. Ord. 19-02, passed 2-19-02)