(A) No person may cause, suffer or permit any condition to be created in or upon any public street, sidewalk, curb, gutter or storm drain that necessitates the special cleaning or repair of such street, sidewalk, curb, gutter or storm drain. Without limiting the generality of the foregoing, the following are specifically prohibited:
(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, sidewalks, curbs, gutters or storm drains;
(2) The depositing or leaving upon the streets, sidewalks, curbs, gutters or storm drains 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;
(3) The grading of lots, lands or driveways at elevations higher than the street or sidewalk level or any other acts, neglects or conditions created or allowed to exist upon said lots, lands or driveways which result in mud, dirt, soil, gravel, debris or any other material being washed or otherwise deposited upon a public street or sidewalk or into a public storm drainage system; and
(4) The throwing or depositing in or upon any street, sidewalk or storm drain of any glass bottle, tacks, nail, wire, cans or any other substance likely to injure or damage any person, animal or vehicle.
(B) For the purposes of this section:
(1) Special cleaning or repair of streets, sidewalks, curbs, gutters or storm drains is necessitated when the condition of such streets, sidewalks, curbs, gutters or storm drains is such that:
(a) Their use by the public is threatened, limited or impaired;
(b) The use and enjoyment of property abutting such streets, sidewalks, curbs, gutters or storm drains is diminished or limited; or
(c) Substantial damage is caused to such streets, sidewalks, curbs, gutters, or storm drains or abutting property.
(2) Special cleaning or repair includes, but is not limited to, sweeping, flushing, removal of mud or debris, resurfacing, restoration of gravel and base or any other extraordinary maintenance measures that are required to restore the street, sidewalk, curb, gutter or storm drain to the condition that existed prior to the occurrence of the prohibited act.
(C) If the Streets and Solid Waste Director determines that, as a result of a violation of division (A) above, conditions exist that require special cleaning or repairs, he or she shall notify any or all persons responsible under division (A) above of the existence of such conditions and shall order prompt abatement thereof.
(D) If any person, having been ordered to abate such a condition requiring special cleaning or repairs, fails, neglects or refuses to abate or remove the condition within the time specified, the Streets and Solid Waste Director shall cause said condition to be corrected or otherwise remedied by having employees or subcontractors of the city accomplish the work requiring special cleaning or repairs. The costs incurred by the city in accomplishing such special cleaning or repairs shall be billed by the city to the persons responsible under division (A) above. This section may also be enforced by an appropriate equitable remedy, including an injunction and order for abatement.
(Code 2019, § 16-13) (Ord. passed 4-25-2016) Penalty, see § 10.99