No person who owns or is in possession or control of land the soil of which, by virtue of its character and the presence in the area of strong prevailing winds, seasonal or otherwise, is likely, if the surface thereof is disturbed, to be eroded by wind and blown onto a public road or roads or other public or private property in the vicinity of such land, shall disturb the surface of such land by excavating, leveling, cultivating, plowing, removal of natural or planted vegetation or root crops, or by depositing or spreading material or other substance on such land, or by any other act likely to cause or contribute to wind erosion of such land or material placed thereon or to aggravate an existing wind erosion condition thereon, without providing sufficient protection at or prior to the time of so disturbing the surface of such land or without thereafter continuously maintaining the same or equivalent protection, so as to prevent the soil or such land from being eroded by wind or blown onto a public road or roads or other public or private property. Such protection shall be provided by means of windbreaks, walls, fences, planting and maintaining vegetation, covering the land, applying water or other material or other effective methods or combination of methods of holding the soil in place.
('61 Code, § 17A.1) (Ord. 438, passed - - ) Penalty, see § 155.99
It shall be a defense to any prosecution hereunder for the defendant to establish, as to any agricultural operation which might otherwise violate § 155.01, that the act or omission complained of was necessarily incidental to and consistent with the conduct of such agricultural operation in a manner usual and customary for such agricultural operations in the area.
('61 Code, § 17A.2) (Ord. 438, passed - - )
Nothing herein shall deprive any person or agency of any civil or other remedy that he or it would otherwise have for any act or omission prohibited by this chapter, or shall any building permit or subdivision approval or other permit or authorization issued by the city or any of its officers or employees be deem to authorize a violation of this chapter or be a defense to any prosecution under this chapter.
('61 Code, § 17A.3) (Ord. 438, passed - - )
In addition to the remedies provided in § 155.03, upon the giving of five days' written notice to the legal owner of the property or other persons in possession causing deposits of sand or soil on public roads and/or public property to abate and remove the condition, the Director of Public Services may cause the removal of such sand or soil and/or may enter upon the property and take such action as is necessary to prevent the sand or soil from being eroded or blown onto such public road or roads, and upon completion and approval of the cost thereof by the City Council may cause the assessment of the cost of removal and prevention of erosion against such property by the recording of a lien for the amount of such costs against the real property, as set forth in Chapter .
('61 Code, § 17A.1) (Ord. 438, passed - - ; Am. Ord. 558, passed - - Am. Ord. 893, passed - - )
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