(A) Parking, maneuvering, ingress and egress areas at any development (industrial, institutional, commercial, multi-family residential, etc.) other than residential buildings with four or fewer units shall be maintained with a dustproof paving method approved by the city.
(B) Parking, maneuvering, ingress and egress areas that are 3,000 square feet or more in size at residential buildings with four or fewer units shall be maintained with a dustproof paving method approved by the city.
(C) In the event a violation of this section is discovered, the following fines and procedures shall apply:
(1) First offense. A notice of compliance shall be issued requiring compliance with this section no later than 30 days from the issuance date of the NOC. The purpose of the NOC is to provide the public information on PM-10 issues and educational material regarding compliance with dust control regulations.
(2) Second offense or failure to comply with a NOC. A civil fine of $500 shall be imposed and the violator shall be given a notice of violation (NOV) requiring compliance within two weeks. Failure to comply with the NOV within two weeks shall also constitute a third offense.
(3) Third and subsequent offenses. A civil fine of $1,000 shall be imposed. Each day the violation is permitted to exist may be treated as a new offense for which a new NOV may be issued.
(4) Additional fines. Additional fines may be issued by Maricopa County Air Quality for repeat offenders.
(D) Reasonable written notice shall be given to the property owner that the unpaved disturbed surface is required to be stabilized. The City of El Mirage has the authority to enter onto the lot to stabilize the disturbed surface at the expense of the owner if stabilization has not been met by the day set for compliance. The city shall have the right to lien the property for the expenses if not paid by the owner within 14 days of request for payment.
(Prior Code, § 23-1-4) (Ord. O08-03-03, passed 3-13-2008; Ord. O08-10-17, passed 10-9-2008)