(A) The deposit of mud, dirt, dust, debris and/or material on the roads and streets within the corporate limits of the city is prohibited.
(B) The general contractor, sub-contractor, and/or property owner shall be jointly and severally responsible within the corporate limits of the city to provide for all material deliveries and equipment placement to occur in a manner that will keep adjacent and adjoining streets free of mud, dirt, dust, debris and/or material.
(C) In the event that mud, dirt, dust, debris and/or materials are deposited upon any road or street within the corporate limits of the city, the general contractor, sub-contractor, and/or property owner shall be jointly and severally responsible (hereinafter collectively referred to as “Violator”) to clean said deposit of mud, dirt, dust, debris and/or material from the street immediately. The corrective actions will include cleaning of the streets, driveways, paths, storm sewers, ditches and all areas impacted by the actions of the parties responsible for the stated condition. The corrective actions will also include changes to the practices that caused the condition and adherence to Best Management Practices per the latest version of the Indiana Handbook for Erosion Control in Developing Areas. Written notification of violation from the city shall be posted at the site.
(D) The violator must perform corrective actions within four hours of issuance of notice of violation. Cleaning shall not be done in such a manner as to introduce mud, dirt, dust, debris and/or material into the air or water. Specifically, dry brooming and washing of the pavement into storm inlets, swales, or ditches shall be prohibited. If cleaning occurs in violation of this provision, violator shall be subject to the penalty provided in § 94.99.
(E) If, after said notice, all corrective actions have not been taken by the violator within four hours, work shall be stopped on the site to which the condition is attributable, and the violator shall be subject to the penalty provided in § 94.99. The work shall not be resumed until the condition is corrected. The city may post a stop work notice in the event the condition is not corrected after notice as provided for herein.
(F) (1) In the event that the condition is not corrected within the four-hour time period and notice having been given under division (C) hereof, the city may cause such condition to be corrected by employees of the city or by private contract. Should correction be made under this provision, the cost of said corrective action shall be assessed against the violator. The cost of cleaning shall be billed to the violator.
(2) The violator shall pay the actual direct and indirect cost incurred by the city in the removal of such mud, dirt, dust, debris and/or material and the administrative cost of $100. Payment shall be made within ten days of the date of billing. If the violator fails to pay the costs within the time prescribed herein, a certified copy of the statement of costs shall be made in the auditor’s office of Hamilton County, and the Auditor shall place the amount shown on such certificate on the tax duplicate against such real estate and the amount shall be collected as taxes are generally collected and when collected shall be disbursed to the city for deposit in the General Fund.
(G) The provisions of this chapter shall not apply to construction activities within streets and rights-of- way within the corporate limits of the city which may be authorized and regulated by other applicable ordinances of the city.
(Ord. 012187, passed 1-18-87; Am. Ord. 100798B, passed 10-21-98; Am. Ord. 062005C, passed 10-17-05; Am. Ord. 091514A, passed 11-17-14) Penalty, see § 94.99