(A) Definition of heavy construction equipment for the purpose of this chapter. Any type of construction equipment tracked, or tired that would cause damage to the streets, alleys and roadways, such as, but not limited to, bull dozers, excavators and the like.
(B) Requirements of compliance with this chapter.
(1) Persons or person wishing to excavate a property using heavy construction equipment may transport equipment to construction site using typical truck and trailer used to transport this type of equipment on the streets, alleys and roadways, but must unload equipment onto area to be excavated without using the streets, alleys and roadways of the town.
(2) After the loading or unloading of such equipment the owner of truck and trailer used for transportation of the heavy construction equipment shall not park the truck and trailer as to where it impedes the flow of traffic on the streets, alleys and roadways of the town.
(C) Exempted from this section. The town water utility and streets, alleys, roadway maintenance (grading, asphalting, resurfacing, replacing and installing culverts) performed by or on the behalf of the town.
(D) Enforcement. Enforcement of this section shall be pursuant to I.C. 36-1-6-2, I.C. 36-1-6-3 or I.C. 36-1-6-4 or a successor statute if said statute is repealed.
(E) Effect. Any unlawful provision found in this section shall not effect the remaining provision.
(Ord. 2010-T-061, passed 8-31-2010) Penalty, see § 154.99
(A) Any person violating any provision of this chapter for which no specific penalty is prescribed shall be subject to § 10.99.
(B) (1) If failure to comply with § 154.01 will require the Town Marshal’s Department to obtain a court order to stop excavation using such heavy construction equipment operating on roadways, streets and alleys within the corporate limits of the town, a fine of $500 per day will occur for each day the violation continues after Marshal issuing the citation while obtaining a court order to stop the excavation. If levied fines are not paid within 30 days then a lien will be sought against person’s property, who is the owner of the property being excavated in accordance with I.C. 36-1-6-2 plus attorney fees and court cost.
(2) Persons or person who is the owner or owners of such property shall be responsible for a any repair construction work required. Repairs to be completed within 14 days upon notice to correct any damage to roadways (streets, alleyways) caused by such heavy construction equipment, to the satisfaction of the Town Council. If the Town Council deems it necessary to hire another party to perform such repairs, the owner or owners of such property shall be responsible for those costs. If levied costs are not paid within 30 days then a lien will be sought against person’s property, who is the owner of the property where heavy construction equipment was used in accordance with I.C. 36-1-6-2 plus attorney fees and court cost.
(3) The town may pursue any and all penalties described in I.C. 36-1-6-3 in addition to the penalties described in I.C. 36-1-6-4 plus attorney fees and court cost, or a successor statute if said statute is repealed.
(4)
Furthermore, if the condition of said real estate has not been corrected within 30 days, the town may cause to be certified to the County Auditor as a charge against the taxes due and payable to the County Treasurer in the following year together with attorney fees and court cost in accordance with I.C. 36-1-6-2 or successor statute, if said statute is repealed.
(Ord. 2010-T-061, passed 8-31-2010)