[HISTORY: Adopted by the City Council of the City of Port
Republic 9-14-1965 (Ch. 66 of the 1982 Code). Amendments noted where applicable]
GENERAL REFERENCES
Land use — See Ch. 160.
No person, firm or corporation shall dig or excavate a sand
or gravel pit or remove soil of any kind, character or description
within the City of Port Republic without first obtaining the permission
of the City Council and filing with the Clerk a bond conditioned as
hereinafter provided.
The application for a permit shall be in writing and shall contain
a description of the land, numbers of lots and blocks, the names of
the streets or street upon which such lot or lots abut, the depth
to be excavated, the names and addresses of the owner or owners of
the lands to be excavated and the name and address of the person,
firm or corporation who will do the digging or excavating.
No permit will be issued for excavation below the grades necessary
to ensure proper surface drainage of all stormwaters. "Necessary grades"
shall be interpreted as a minimum fall of 0.3% to other established
and satisfactory drainage.
The City Council may grant said permit subject to the applicant's
filing with the Clerk a bond executed by the applicant and the owners
of said land as principals and a satisfactory surety company, specifically
conditioned that said applicant and/or owner of the land will refill
the excavation so made, without cost to the City, whenever said excavation
shall, in the opinion of the City Council, constitute a nuisance.
The owner or owners of said land or the applicant for the permit
shall leave at least two inches of topsoil on said land after excavation
and shall seed the land with a perennial rye grass.
Whenever the City Council shall declare any such excavation
to be a nuisance, written notice shall be given to the applicant for
the permit, the owner or owners of the property and the surety company
to abate said nuisance.
Should the owner or owners of said land fail to abate the nuisance
within 10 days after notice, the City Council shall abate said nuisance
and the owner or owners, applicant for the permit and the surety company
shall be liable for the costs thereof.
[Amended 3-12-1985 by Ord. No. 47-1985]
Any person, firm or corporation who shall violate any of the
provisions of this chapter shall, upon conviction, be subject to a
fine of not more than $500 or imprisonment for not more than 90 days,
or both. Each violation and/or each twenty-four-hour period after
the expiration of the ten-day period after notice shall constitute
a separate offense.
