§ 94.05 OPEN AREAS AND VACANT LOTS.
   (A)   Open areas and vacant lots as described in § 94.02 shall comply with all dust control regulations requiring stabilization of the disturbed surface as specified in Rule 310 of the Maricopa County Air Pollution Control Regulations.
   (B)   The parking or access of any vehicle on the site is restricted to stabilized surfaces only. The owner of any vacant property is responsible for restricting access to the property by either:
      (1)   The posting of and maintenance of signage stating “NO TRESPASSING BY MOTOR VEHICLES AND OFF-ROAD VEHICLES”. Signs must be posted on all sides of the property accessible to/by the public and spaced at an interval minimum of 150 feet; or
      (2)   Installing physical barriers such as curbs, fences, gates, posts, shrubs, and/or trees to prevent access.
   (C)   Any surface area which exceeds one-tenth of an acre or 4,356 square feet of area where a dust generating operation, as described in § 94.02, is taking place the owner/operator is required to have in their possession a dust permit from the Maricopa Air Quality Department (MCAQD) which contains an approved dust control plan. Owner/operators blading and discing properties less than one-tenth of an acre are responsible for utilizing a Rule 310 dust control implement/method for controlling fugitive dust emissions.
   (D)   In the event a violation of this section is discovered, the following fines and procedures shall apply:
      (1)   First offense. A notice of compliance (NOC) 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.
   (E)   Reasonable written notice to the property owner that the unpaved disturbed surface is required to be stabilized shall be given. The City of El Mirage has the authority to enter onto any vacant lot or open area to stabilize the disturbed surface, fence, or otherwise restrict access to the site at the expense of the owner if compliance has not been met by the time specified. 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, § 23-1-5) (Ord. O08-03-03, passed 3-13-2008; Ord. O08-10-17, passed 10-9-2008)