(a) Whenever a permit for a new building or an addition to an existing building is issued, or a deposit is made for the inspection of the improvements for a subdivision, the applicant for such building permit or developer of such subdivision shall pay to the Director of Public Service a deposit of two hundred fifty dollars ($250.00) for street cleaning costs. The street cleaning deposit shall be paid to the Director of Public Service prior to the issuance of a building permit and, with respect to a subdivision, prior to the commencement of any subdivision improvements, including soil removal. The Director of Public Service may waive the street cleaning deposit for any building permit applicant who proposes to construct an accessory structure to a one-family or two-family dwelling. Any deposit, or portion of deposit, remaining after completion of the construction or the development, and upon approval by the City, shall be refunded to the applicant within thirty days thereafter.
(b) Except as provided in subsection (c) hereof, upon receiving notice that a permit holder or developer, as described in subsection (a) hereof, has tracked mud, dirt, sticky substances or similar materials onto the City streets, the Zoning Administrator shall notify him in writing of the violation. The permit holder or developer shall promptly correct the violation within eight hours after receiving such notice. In the event that the violation is not corrected within that period, the City may proceed to clean the street itself and deduct the reasonable value of the street cleaning from the deposit made pursuant to subsection (a) hereof.
(c) If, in the opinion of the Director of Public Service or his designee, a hazard to the public exists because of the amount, type, or condition of material in a street, the street may be immediately cleaned by the City, and the cost of the cleaning deducted from the permit holder’s or developer’s deposit without prior notification to the depositor of the violation.
(d) If during the course of construction or improvements, the deductions for street cleanings made by the City reduce the deposit balance to less than twenty-five percent (25%) of the original deposit amount, the permit holder or developer who made the deposit shall make an additional deposit in order to bring the balance to not less than 100 percent (100%) of the original deposit amount. If such additional deposit is not made within three days after the depositor has been notified by the Director of Public Service, the City may order all construction or improvement stopped until such time as the additional deposit is received.
(e) As used in this section, the following terms shall have the following meanings:
(1) “Permit holder or developer” means the permit holder or developer, and any of his employees, contractors, subcontractors, agents, or materialmen;
(2) “Street” means the street itself and any catch basin, inlet basin, manhole, or sewer pipe appurtenant to such street.
(f) Nothing contained in this section shall be construed to excuse or relieve any person or organization from criminal or civil liability arising out of a violation of any other provision or section of the Codified Ordinances. (Ord. 88-96. Passed 7-15-96.)