(A) Whenever, within the city limits, excavation, trenching, grading, or removal of top soil by any person, firm, corporation, or agent thereof, creates a condition where mud, dirt, litter, trash, or other debris is likely to be carried upon or washed upon a public street from a construction site, that person, firm, corporation, or agent thereof, shall take the precautionary measures necessary to prevent mud, dirt, litter, trash, or other debris from accumulating upon the city streets in amounts as would constitute a hazard to the life, limb, or property of any person traveling upon those streets.
(B) The City Clerk is authorized to notify the person, firm, or corporation whose construction activities have caused mud, dirt, litter, trash, or other debris to accumulate on the city streets that the matter must be removed. Such notice may be oral or written. Written notice may be given to the owner of the property involved. If the person, firm, or corporation fails to remove the offending matter from the streets within 24 hours after receipt of the notice (provided that weather conditions allow, but to no extent beyond 48 hours after receipt of the notice), the city may cause the removal of that matter at the expense of the party to whom the building/zoning permit was issued for the property involved.
(C) All of the owners of any interest in any real estate in the city from which any mud, dirt, litter, trash, or other debris has been removed and deposited upon any street in the city shall be jointly and severally liable and obligated to the city for all reasonable costs and expenses incurred and the reasonable value of all labor and equipment provided by the city in the removal thereof. The city shall have a lien upon the entire lot or parcel of real estate from which the mud, dirt, litter, or debris was removed to secure the aforedescribed obligation and liability and all costs, fees, and expenses incurred by the city in the collection thereof, including but not limited to reasonable attorney fees. This lien may be enforced by civil action for the foreclosure thereof.
(D) Whenever any mud, dirt, litter, trash, or other debris is allowed to accumulate on the city streets at the site of a construction project, the person, firm, or corporation to whom a building permit was issued for the construction project shall be deemed prima facie to have violated this section.
(Ord. 17-1974, passed 9-20-74; Am. Ord. 1984-16, passed 1-10-85) Penalty, see § 150.99