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A. Deposit Of Debris Unlawful: It is unlawful for any subdivider, as defined by the ordinances of the city, to cast, place or deposit upon any public street or to allow persons installing improvements in the subdivision tract being developed by the subdivider to cast, place, deposit or otherwise leave upon any public street in the city, after receipt of notice, any mud, dirt, rocks, wet or dry concrete, building refuse or other similar debris.
B. Public Nuisance: The depositing of any debris, as set forth in this section, shall constitute a public nuisance in the event that the free use and enjoyment of or free passage of any public street by the public is infringed upon by such activity.
C. Notice To Abate Nuisance: The city shall cause the city building inspector or such other person as the city council may designate, to mail to the subdivider a notice stating that a person, or persons, performing construction work in the subdivision has deposited debris upon a public street, as set forth in subsection A of this section, and that the same must be removed within twenty four (24) hours from the date upon the notice. Proper time shall be allowed for the notice to be received by the subdivider through the mail. Such subdivider shall then have twenty four (24) hours within which to have the debris removed, to the satisfaction of the city building inspector, from the city streets involved. Failure to cause the debris to be properly removed within the time specified may mean that the city may remove the debris and bill the subdivider for its expenses. (1990 Code § 12.04.120)
D. Penalty: Violation of any of the provisions of this section shall, upon conviction, be punishable as a class B misdemeanor as provided in section 1-4-1 of this code. (1990 Code § 12.04.120; amd. 2003 Code)