§ 95.34  SUBSTANCES OR DEBRIS PROHIBITED ON STREET OR RIGHT-OF-WAY.
   (A)   It shall be unlawful for any person, or entity to directly or indirectly deposit mud, soil, sand, gravel, or other such substances or debris on city streets or right of ways, with or without the use of vehicular or mobile equipment, with out the express written consent of the city or its duly authorized representative.
   (B)   It shall be unlawful for any person, or entity to grade or disturb the soil in any area of the city in such a manner as to cause or allow mud or soil to wash or otherwise be moved from the graded or disturbed area and deposited onto a city street or right-of-way.
   (C)   Surface water drainage regulated.
      (1)   Nobody shall cause, permit, allow, aid, assist, encourage, promote or engage in the installation, construction, maintenance, operation or use of an unnatural drain, pipe or other conduit of rain water, surface water or ground water, unless every point of drainage onto the surface of the ground is:
         (a)   Within the same lot or parcel of real estate from which the rain water, ground water or surface water is collected; and at least five feet from the nearest boundary line of the lot or parcel and;
         (b)   At a point which does not drain towards any public street, unless every point of drainage is as far away as possible from any public street, and at least twenty (20) feet from the nearest edge of any curb or pavement within the street right-of-way.
      (2)   Building drains. Roof downspouts, footings and foundation drains shall be discharged onto the same parcel of land from which the water is generated. Roof downspouts shall be piped to natural drainage areas away from the street or onto concrete splash blocks, which direct water areas. All sump pump, subsurface drains shall be constructed toward the rear of the lot. Downspouts constructed toward the street shall be discharged on the surface as far back onto the lot as possible in accordance with § 150.15. No roof subsurface drains shall be connected through the curb or into the gutter section of any public street, unless approved by this department.
      (3)   Existing drains allowed; regulations. Any unnatural pipe, drain or other conduit of rain water, surface or ground water, in existence on the effective date of this subchapter, and which drains through a curb and directly onto any public street pavement, may be continued only in conformity with the following requirements met:
         (1)   The section from the back of the curb to right-of- way shall be piped with four inch non-perforated Polyvinyl Chloride pipe (ASTM D3033, D3034, SDR-35) or four (4)inch non-perforated ductile iron pipe (ANST A21-51. Class 50).
         (2) A curb length of one (1) inch each side of the pipe level with the gutter face shall be cut and removed. The pipe end shall be placed in the section of the removed curb and mitered to approximately conform to the gutter face.
   (D)   Sediment control.
      (1)   Silt fence is required in the front of the home at the low drainage points of the yard as directed by swales after the foundation has been backfilled.
      (2)   Silt fence is still required to be installed across the rear of a lot at the low drainage point at the time of excavation.
      (3)   All concrete wash-out areas must be surrounded by silt fence or other approved barrier.
      (4)   In areas with sediment ponds that are designed to be used as retention ponds for storm water, no control measures are needed over the grate and inlets. However, the developer will be responsible for making sure the sediment pond is properly dredged and maintained.
      (5)   If a storm drain does not drain directly into a retention pond or soil basin the soil control measures must be placed over the grates and cleaned regularly.
      (6)   Temporary driveway. All residential lots shall have a single point access and a temporary driveway of crushed stone with fabric placed in the location of the permanent driveway. The temporary driveway shall be constructed after completion of foundation. It shall be a minimum of three (3) inches in depth with a separation fabric and a minimum of ten (10) feet in width. All construction traffic to the site must utilize the temporary driveway and shall not drive on any other portion of the lot without prior approval of the city/county inspector.
      (7)   All building material scraps, drink cans, snack wrappers, and any other waste material from any jobsite in the city must be disposed of daily and secured in a dumpster, pick-up truck or other appropriate container.
      (8)   It shall be up to the builder to tell his suppliers and subs that they are responsible for keeping mud off of the streets. Additionally, suppliers and subs have to be told to avoid damaging the silt fence and erosion control measures. Trucks that are caught blatantly leaving mud and debris on the streets outside of the developing community will be ticketed.
      (9)   It is suggested that builders include an addendum in their contracts, for the new buyer to sign, or some other form of written communication, to remind them that they are buying a home in a newly developing neighborhood and that some mud and dirt on the streets can be expected on a temporary basis until the neighborhood is completed.
   (E)   Any person, persons, or entities found to be in violation of divisions (A) through (D) of this section shall be issued a written notice from the city, or its duly authorized representative ordering;
      (1)   Cleaning of the street or right-of-way, by pressure wash if deemed necessary by such representative; and/or
      (2)   A stop work order until the road or right of way has been cleaned to the satisfaction of the city's representative. Any notice given under this section shall allow four hours for compliance, from the time such notice is given. Failure to comply within the four (4) hours shall constitute a violation of this section and a complaint may be filed.
      (3)   The notice in this section shall be sufficient if conspicuously posted on the property.
   (F)   At the expiration of the four (4) hours allowed for compliance in division (E), the city may remove or clean the mud, soil, sand, gravel, or other debris from the city street or right of way, or correct any other violation hereunder. Any such removal, correction, or cleaning by the city under this section shall be at the expense of the violating person or entity. The city shall issue a bill for the actual cost incurred in the clean-up, correction, or removal. This bill must be paid in full within ten days of the date of issue. Failure to pay this bill shall result in the city having a lien on the land from which the mud, soil, sand, gravel or other substance or debris was caused to be deposited from.
(Ord. 1997-0-6, passed 4-22-97; Am. Ord. 2005-O-10, passed 5-2-05; Am. Ord. 2007-O-24, passed 11-5-07)  Penalty, see § 95.99