A. Site Requirements: The building contractor, during the building construction process, and the developer during the subdivision construction process, shall without further order and at the contractor's or developer's expense, be responsible to:
1. Keep the property on which work is in progress free from accumulation of waste material or rubbish caused by the contractor's or developer's employees or agents or by the work, and at all times during the building or development construction period shall maintain the public rights-of-way, easements, sidewalks and the surfaces of streets and roads adjacent to the property being developed free and clear of construction materials, waste materials or dirt from the construction site;
2. Take appropriate action to control dust caused by the builder or contractor's operations. This shall include, but not be limited to, watering of exposed areas, cleaning of roadways, etc.;
3. Refrain from burning any construction materials on the site or having an open fire for any other purposes; and
4. Be responsible to dispose of all construction waste from the site in a lawful manner.
5. If the site plan or subdivision construction plan has not been either submitted or approved, the developer may apply for, and the City at its discretion may issue, a site disturbance permit which allows for some portion of site work to commence. The site disturbance permit may be conditioned by the City with items such as a specific area of disturbance and required site controls, and may allow any of those actions the City determines appropriate to proceed with prior to site or construction plan approval, such as the following:
a. Staging of materials and equipment, clearing of vegetation or organic plant material above the earth surface, grubbing of vegetation or organic plant material below the earth surface, mass grading which involves cut and fill activity for mass movement of soil but does not including compaction or shaping of site feature, obtaining financial sureties to ensure site clean- up and restoration, and the like.
b. Generally a site disturbance permit will not allow work in the right-of-way, rough grading, or final grading work, though the City may allow these at its discretion. (Ord. 578, 1-9-2018)
B. Continuing Obligation: All obligations of the building contractor and developer set out in this section shall be a continuing obligation from the start of construction until a certification of occupancy or acceptance of the subdivision improvements, whichever is applicable, is issued.
C. Definitions: For the purpose of this section, the following definitions shall be applicable:
BUILDING CONTRACTOR: The person or company named on the building permit application as the builder.
DEVELOPER: The owner of property being developed through the subdivision process.
RUBBISH: Junk, trash or debris.
WASTE MATERIAL: Lumber scraps and other building materials, including electrical and plumbing materials, which are no longer intended to be incorporated into the building.
D. Notice: Prior to initiating prosecution for violation of this section, City staff shall attempt to provide notice to the contractor. Said notice shall describe the location of the property as accurately as possible and shall specify the nature of the violation and provide the contractor twenty four (24) hours to abate the violation. Said notice shall be posted upon a conspicuous place on the building site or delivered to the contractor.
E. Stop Work Order: The building official and the City Engineer are authorized to issue a stop work order on the building or construction site until such time as the contractor or developer complies with the notice. (Ord. 471, 4-14-2009)