(A) It shall be unlawful for any person to drive any vehicle over the streets of the city while loaded with crushed rock, shale, sawdust, shaving, cottonseed, garbage, trash, dead animals and other like materials without having such products secured in such vehicle in such manner as to prevent the spilling thereof on the streets of the city.
(B) It shall be unlawful for any person transporting the materials mentioned in division (A) of this section over the streets of the city to permit such material to spill out in and upon the streets.
(C) It shall be unlawful for the contractor in charge of a construction project, or for any person who undertakes the removal and conveyance of any dirt, mud, construction materials or other debris, to allow any dirt, mud, construction materials or other debris to be deposited upon any city street or sidewalk and then fail to immediately remove the dirt, mud, construction materials or other debris from the street or sidewalk. In addition, to the other sanctions authorized by G.S. § 160A-17, the contractor or person found in violation of this section (the responsible party) shall be issued a civil citation and assessed a civil penalty enforceable in the nature of a civil debt as follows:
First Civil Citation | $50.00 |
Second Civil Citation | $100.00 |
Third and Subsequent Civil Citation | $500.00 |
A written warning will be issued to the responsible party for first offense violations and no civil citation will be issued if the street is cleaned within twenty-four (24) hours of notification.
In addition to the Civil Citation issued for second and subsequent offenses, the responsible person shall have twenty-four (24) hours from service of the civil citation to remove the dirt, mud, construction materials, or other debris from the street or sidewalk. Upon failure of the responsible party to remove the material within the time allowed, the City shall remove the material and the responsible party shall pay the City for such clean-up costs and administrative fees as set out in the City of Monroe Fee Schedule. Service shall be effective upon personal delivery to the contractor in charge of the construction project or the person responsible for depositing the material, or if served by regular US Mail, three days from the date of deposit with the US Postal Service.
(D) Any person or entity issued a civil citation or other action by the City of Monroe pursuant to this section shall have the right to appeal any such action upon written notice to the City Manager and upon deposit with the City the amount of any civil penalty assessed by the City. Upon receipt of notice of appeal and deposit of required funds, the City Manager shall schedule a hearing time and place at which time for a hearing and provide the appellant notice of the hearing. The City Manager, or his designee, shall conduct the hearing at the time and place established at which time the aggrieved party will be given an opportunity to be heard. The decision of the City Manager shall be final.
('84 Code, § 16-63) (Am. Ord. O-2003-34, passed 6-17-03) Penalty, see § 10.99