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It is unlawful for any developer, contractor, permit holder, and/or property owner to track, place or permit to be placed or tracked on or in the sidewalk, curb, gutter, street or any other public way:
A. Any dirt, gravel, road base, asphalt, concrete, oil or other like substances, except as expressly authorized by ordinance, without prior written permission of the city engineer being first obtained.
B. Each developer, contractor, permit holder, or property owner shall be responsible to prevent vehicles used in the process of carrying out construction on a property from placing and/or tracking any mud, dirt or debris of any kind upon any streets or sidewalks within the corporate limits of South Jordan City unless written permission has been obtained from the city engineer for use of a designated portion of the right of way. The permittee or owner shall install or cause to be installed, a suitable process to clean the wheels or tracks of any and all equipment and vehicles belonging to the permittee/owner, subcontractor, supplier or any other visiting vehicle prior to its leaving the job site and/or property line and entering the streets within the South Jordan City limits. The suitable process shall consist of:
1. A cleaning area and crew to clean mud, dirt and debris off the wheels and exterior body surface and undercarriage of the vehicle or equipment;
2. The cleaning area shall be arranged to furnish adequate draining to prevent pooling; the cleaning area shall be kept mud free and may be on a macadam or concrete slab;
3. The cleaning area shall be located on private property within the boundary of the permitted construction site and arranged in such a way that there is no blocking of vehicular or pedestrian traffic on city rights of way except where permission has been granted in writing by the city engineer;
4. The cleaning water or solution and debris, mud, dirt and/or silt shall not be allowed to enter the city streets, gutter, storm drain or sanitary sewer system.
C. All vehicles and equipment that enter upon or operate in the public right of way shall be covered in such a way as to prevent dropping or discharging of materials of any kind onto city streets, sidewalks or other right of way.
D. Ramps constructed over curbs, gutters and sidewalks shall not be constructed or made from dirt or other materials that will erode or deteriorate under adverse weather conditions and shall not interfere with or block the passage of water along the gutter.
E. The permit holder, contractor, or owner shall install or cause to be installed, erosion and water runoff controls sufficient to ensure that no stormwater, surface water, sediments or debris from the construction site shall drain or wash or be tracked into any public rights of way or other adjacent properties, including sidewalk, curb, gutter or storm drain, unless permission has been granted through an erosion control plan approved by the city engineer. These berms shall not be of a material that could cause harm to vehicular traffic.
F. The sidewalk and/or curb and gutter shall not be used for storage of debris, dirt, excavated or other materials. In addition, the sidewalks shall not be removed, blocked or otherwise rendered unusable by either the storage of construction equipment or materials or the construction procedures used, unless a safe, usable alternate walkway along the same side of the street is provided by the contractor, unless the city engineer has issued written permission. All alternative walkways shall be ramped in accordance with Americans with disabilities act, title II.
G. The contractor, permit holder and/or property owner shall be responsible for the immediate cleanup and removal of mud, dirt, or debris deposited upon or in city streets, sidewalks, curbs, gutters and/or storm drains by equipment leaving the site or by the contractor's, owner's, permit holder's construction procedures including subcontractors and suppliers.
H. If agents of the city note any noncompliance with this section the permittee, developer, contractor, and/or property owner shall be cited. The citation shall provide the developer, contractor, permittee and/or property owner twenty four (24) hours to remedy the violation. Should the developer, contractor, permittee and/or property owner fail to comply within the twenty four (24) hour period, the city shall remove or cause to be removed any and all materials in public rights of way and storm drains that violate this section. The city may in lieu of citing the developer, contractor, permittee and/or property owner with a class B misdemeanor, charge a fee of five hundred dollars ($500.00) plus costs for labor, material, and equipment, at such a rate as established by the public services group for each occurrence and any other applicable fees including all engineering costs and legal fees if any as charged by the city attorney. Any damage done to city property or infrastructure shall also be applicable to include fees of all engineering costs, labor, materials, equipment and legal fees. All construction activity shall be halted on the site until such time as payment of all charges is made to the city.
I. City inspectors, the city engineer and/or director of operations or their designees are empowered to suspend any permit and stop all work at the site until the developer, contractor, permit holder and/or property owner installs the necessary cleaning equipment and/or erosion and silt control facilities to ensure that no dust, mud, dirt, or debris is deposited upon or in the streets, sidewalks, curb, gutter, or storm drains of the city of South Jordan. Such facilities shall operate in a manner satisfactory to the city engineer and/or the director of operations.
J. A violation of this section may be punishable as a class B misdemeanor, and the issuance of a criminal complaint shall not excuse the developer, contractor, permit holder and/or property owner of his or her responsibilities to abate the problem within the required time limit. A class B misdemeanor is punishable by fine, imprisonment, or both in addition to fees and expenses incurred by the city if the city is required to mitigate the violation. (Ord. 2005-22, 12-6-2005)