(a) Any person, firm or corporation or personally responsible agent thereof who builds or remodels any building or other structure within this City shall be responsible to control the run-off of surface water so as to avoid erosion, pollution of streams and ponds and the deposit of mud on public streets or adjoining property.
(b) In order to carry out the provision of subsection (a) hereof, every person who builds or remodels a building or structure within this City or engages in any earth disturbing activities which changes the natural rate or location of surface water run-off shall install silt fences or use bales of hay or straw (hereinafter referred to erosion controls) to prevent surface run-off or shall channel it to an appropriate storm sewer system. All placement of erosion controls shall be done in such a manner as to minimize the change in run-off rates or locations into public streets or other public or private property. Generally accepted construction site standards, hydrological factors and generally accepted engineering practice shall be used in determining the nature and extent of erosion controls at each particular job site.
(c) Every person, firm or corporation or personally responsible agent thereof who builds or remodels any building or other structure within this City or engages in any other earth disturbing activity shall promptly remove any mud which washes into any public street or adjoining property from the property upon which the building or development is occurring.
(d) The Supervisor of Engineering is hereby authorized to direct any person subject to this section as to an appropriate means or manner to be followed and no person shall fail to follow the directions of the Supervisor of Engineering in complying with the provisions of this section.
(e) Whoever shall fail to comply within three days with the written direction of the Supervisor of Engineering in regards to the construction, maintenance or modification of erosion controls or whoever fails to promptly remove mud from public streets or other property including ponds or water-ways where it has been deposited in violation of this section shall be guilty of a minor misdemeanor and upon a second or subsequent conviction within one year of the first, a misdemeanor of the fourth degree.
(f) In addition to the remedy contained in subsection (e) hereof, Council may direct the Law Director to obtain an injunction to prohibit a violation of this section.
(Ord. 95-39. Passed 10-5-95.)