(A) No person, firm, or corporation engaging in construction work, as defined in § 91.10(C), or grading or installation of a storm water management system as defined in § 151.01, or the installation of public improvement, as defined in § 150.01 shall discharge, from any source whatsoever, or cause to exist, during the course of such construction work, such quantities of dust, air contamination or other material which cause injury, detriment, nuisance, or annoyance to the public health, welfare, or safety or which materially interferes with the peaceful and lawful use, comfort, and enjoyment of any persons or the public; or which cause or have a natural tendency to cause injury to business or property.
(B) In addition to any other enforcement method as may be provided by law, the provisions of this section may be enforced by each or a combination of the following methods:
(1) By issuance of a notice of violation indicating the violation and ordering immediate action by approved methods to satisfactorily reduce or eliminate such dust or airborne contaminants;
(2) By the issuance of a stop work order pursuant to § 152.22 ordering all construction work on the property to cease until such approved action is taken to correct the violation; and
(3) By requesting the City Law Director to obtain an injunction to cause the necessary compliance with this section.
(C) In addition to such other penalties provided by law, any person, firm, or company violating any of the provision of this section shall be guilty of a minor misdemeanor. Second and subsequent offenses by the same person, firm, or corporation shall constitute a misdemeanor of the fourth degree. Each day that a violation of this section occurs shall constitute a new and separate offense.
(Ord. 47-1989, passed 8-2-89)