The following provisions shall apply to the accumulation of mud, dirt, grass clippings, and similar debris on streets and public ways located within the town.
(A) The deposit and/or accumulation of mud, dirt, dust, debris, grass clippings, or similar material on the roads and streets within the town is prohibited. Except as otherwise provided in this section, a person found violating this section may be assessed a fine up to $50 for each violation.
(B) In the event that mud, dirt, dust, debris and/or materials are deposited upon any road or street within the town, the general contractor, sub-contractor, property owner, and/or other responsible individual shall be jointly and severally obligated (collectively referred to as the violator) to immediately clean said deposit of mud, dirt, dust, debris and/or material from the street. The corrective action shall include cleaning of streets, driveways, paths, storm sewers, ditches, and all other areas affected by the violation. If applicable, the corrective actions may also include changes to the practices that caused the violation which adhere to the best practices described in the latest version of the Indiana Handbook for Erosion Control in Developing Areas.
(C) The town will provide written notice of violation to the violator and the violator must perform corrective actions within four hours of issuance of said notice. Cleaning shall not be done in such a manner as to introduce mud, dirt, dust, debris and/or material into the air or water. Specifically, dry brooming and washing of the pavement into storm inlets, swales, or ditches shall be prohibited. If cleaning occurs in violation of this provision, the violator shall be subject to the penalty provided in division (A) above.
(D) If, after said notice, all corrective actions have not been taken by the violator within four hours, work shall be stopped on the site to which the condition is attributable, the violator shall be subject to the penalty provided in division (A), and work shall not resume until the condition is corrected. If applicable, the town may post a stop work notice in the event the condition is not corrected after receiving the notice as provided for herein.
(E) In the event the condition is not corrected within four hours after receiving notice of the violation, the town may cause such condition to be corrected by employees of the town or by private contract. If the violation is corrected by the town as stated herein, the actual cost of said corrective action, plus an administrative fee of $100, shall be assessed against and billed to the violator and/or property owner, as applicable, and shall be paid within ten days after the billing date.
(F) If the violator fails to pay the costs within the time prescribed herein, a certified copy of the statement of costs shall be filed in the office of the Delaware County Auditor and the amount shown on the statement will be added to the tax duplicate against such real estate to be collected as property taxes are generally collected.
(Ord. 2023-05, passed 7-11-2023)