[R.O. 1992 § 215.150; Ord. No. 14-11320 §§ 1
— 4, 10-6-2014]
A.
No person shall engage in any land-disturbing
activity or any other action which causes or permits any soil, mud,
earth, sand, gravel, rock, stone, concrete, or other materials, or
liquids to be deposited, dropped upon, or to roll, flow, stand, or
wash upon or over any public street, street improvement, road, sewer,
storm drain, watercourse, right-of-way, or any other public property
in any manner. Any violation of this Section shall be deemed a nuisance
which is detrimental to the property, health, safety and welfare of
the public.
B.
If soil, mud, earth, sand, gravel, rock,
stone, concrete, or other materials, or liquids from any site are
deposited, dropped upon or permitted to roll, flow, stand, or wash
upon or over any public street, street improvement, road, sewer, storm
drain, watercourse, right-of-way, or any other public property in
any manner, it shall be deemed a nuisance which is detrimental to
the property, health, safety and welfare of the public, and the owner
of the site shall be notified and shall abate the nuisance within
four (4) hours of notification. Notification may be made by telephone,
fax, personal contact or site posting. The notice will include the
time notified and deadline for abating the violation.
C.
If the owner of the site fails or refuses
to abate the nuisance within six (6) hours after notification, the
owner shall be issued a summons to appear in the Associate Circuit
Court of the 20th Judicial Circuit. The City shall then cause the
nuisance to be abated at the property owner's expense. The expense
for abating the nuisance shall also be assessed against the owner
of the site, and against the site, and a special tax bill shall be
issued against said site for said expenses.
D.
Any person found to be in violation of
any provision of this Article shall be subject upon conviction to
a fine of not less than two hundred fifty dollars ($250.00), as well
as the costs of removal of the materials from the public street, street
improvement, road, sewer, storm drain, watercourse, right-of-way,
or any other public property.
