Any house or building found to be in violation of this chapter
shall be subject to a notice of violation and given 10 days to abate
said nuisance.
Any person failing to comply with such notice of violation shall
be subject to a fine of up to $100 for each day of such violation,
as well as, to the expenses of abatement, and a special tax bill shall
be issued against the real property in violation for the expenses
of abatement.
No person shall engage in any land disturbing activity or any
other action that causes or permits any soil, earth, sand, gravel,
rock, stone, concrete, building materials or other materials or liquids
to be deposited upon or to roll, flow or wash upon, in or over any
public street, street improvement, road, sewer, storm drain, water
course or right-of-way or any other public property in a manner to
damage or to interfere with the use of such property, or which creates
a hazardous condition detrimental to the health, safety and welfare
of the public.
No person shall when hauling soil, earth, sand, gravel, rock,
stone, concrete, building materials or other material, or liquid over
any public street, road, alley or public property allow such materials
or liquids to blow or spill over and upon such street, road, alley
or public property. The operator of equipment engaged in hauling shall
not permit soil, earth, rock or other materials to fall from the vehicle,
including wheels of said vehicle, upon such street, road, alley or
public property.
If any such soil, earth, sand, gravel, rock, stone or other
material or liquid is caused to be deposited upon or to roll, flow
or wash upon any public property in violation of §§ 96.700
and 96.710, the person responsible shall be notified and shall cause
same to be removed from such property within four hours, unless a
longer period is granted by the City administrator. If a violation
described above results from an active residential or nonresidential
development, the person responsible shall be deemed either the vehicle
operator, developer or prime contractor. In the event of an immediate
danger to the public health, safety or welfare, notice shall be given
by the most expeditious means and the material or liquid shall be
removed immediately. In the event it is not so removed, the City may
cause such removal and the cost of such removal by the City, or any
one contracted by the City, shall be paid to the City by the person
who failed to so remove the material and shall be a debt due the City,
and payable within 30 days of said removal.
Any person violating the provisions of this chapter shall be
guilty of a misdemeanor and upon conviction, shall be subject to a
fine, not to exceed $500 and costs, and/or five days imprisonment.