(a) Any act, neglect or omission or any condition caused or allowed to continue, which creates or results in causing a condition in or upon any public street, sidewalk or storm drain which requires special cleaning or repair of such street, sidewalk or storm drain is hereby prohibited. Prohibited acts, negligence, omissions and conditions which result in requiring special cleaning or repair shall include but shall not be limited to:
(1) The hauling of dirt, debris, materials removed from the sites of construction or reconstruction of buildings or structures, or waste materials of any kind, in such manner that any portion of such dirt, debris or materials is spilled, lost, dropped or left upon the streets or sidewalks;
(2) The depositing or leaving upon the streets or sidewalks of mud, dirt or any other material as a result of the use of trucks, construction equipment or machinery, regardless of whether such materials are spilled, lost or dropped in transit or are deposited upon the surface of the street or public property by the tires or wheels of such trucks, construction equipment or machinery; and
(3) The grading of lots, land or driveways at elevations higher than street or sidewalk level, or any other acts, negligence or conditions created or allowed to exist upon such property which results in mud, dirt, soil, gravel, debris or other materials being washed onto city streets or sidewalks or into the city storm drainage system.
(b) Special cleaning or repair of streets, sidewalks and the storm drainage system be deemed to be required when their condition is such that the public health, safety, welfare or public use of the same is threatened, limited or impaired; the use and enjoyment of property abutting such streets or sidewalks is diminished or limited; or substantial damage is caused to the streets, sidewalks or drainage facilities or to such abutting property. The words special cleaning or repair as used in this section shall include resurfacing, restoration of gravel and similar repairs made necessary by prohibited acts, negligence or conditions.
(Code 1982, 6-2017)