Property shall be maintained so that mud, silt, gravel, dust, or other debris will not leave private property and enter upon the private property of another, or upon any public rights-of-way, drainage easements, alleys or other property of the town, due to erosion. Any person, partnership, corporation or its agent, either as owner of, occupant of, or building permit holder for construction on any lot or tract of land within the town, hereinafter referred to as responsible party, who has failed to maintain said land in such a way, or has failed to install or apply effective control measures to prevent erosion, shall be required, after service of notice as hereinafter provided in this article, to take remedial action on said land to prevent the occurrence or recurrence of such conditions. Remedial action shall include, but not be limited to, the installation or application of effective erosion control measures.
(Ordinance 09-273 adopted 4/13/09)
When no erosion control measures or failed erosion control measures have resulted in mud, silt, gravel, dust or other debris entering onto private property or onto any public rights-of-way, drainage easements, alleys or other property of the town, the remedial action required also shall include the cleaning up and removal of said debris.
(Ordinance 09-273 adopted 4/13/09)
Whenever the town finds evidence of erosion, the town shall give written notice of the violation to a responsible party. Such notice shall specify the conditions to be abated, the remedial action to be taken, and direct that the responsible party take action within seven (7) calendar days after service of such notice to install effective erosion control.
(Ordinance 09-273 adopted 4/13/09)
Such written notice referenced in this article shall also direct that the responsible party remove any dirt, debris or mud that has been deposited in the rights-of-way, drainage easements, alleys, or other properties owned by the town, within seven (7) calendar days after service of such notice. Notice may be given in person or by United States regular mail.
(Ordinance 09-273 adopted 4/13/09)
Failure to abate the conditions specified in the notice within seven (7) calendar days after service of such notice shall constitute an unlawful act and a violation of the provisions of this article, for which a citation may issue.
(Ordinance 09-273 adopted 4/13/09)
If, upon the exercise of due diligence, the town is unable to reasonably locate or notify any responsible party, or if, upon notification, such responsible party is unable, unwilling, or fails to remedy the conditions specified in the notice, within the time frame specified above, the town may proceed to install or apply effective erosion control measures and to clean up and remove mud, silt, gravel, dust, or other debris that has entered into the public rights-of-way, drainage easements, alleys or other property of the town.
(Ordinance 09-273 adopted 4/13/09)
In the event the town goes upon or is required to go upon the premises to undertake abatement as referenced in this article or has caused the same to be done and has paid therefor, the town may cause the expense thereof to be assessed on the real estate, or lot or lots upon which such expense is incurred, by filing with the county clerk a statement by the mayor of such expenses, which may include an administrative fee of twenty percent (20%) of such expenses, and, upon filing, the town shall have a privileged lien on said real estate, lot or lots, second only to tax liens and liens for street improvements to secure the expenditure so made, and ten percent (10%) interest on the amount thereof from the date of such payment until recovered by the town. For any such expenditures, and interest, suit may be instituted and foreclosure had in the name of the town, and a statement so made, as aforesaid, or a certified copy thereof, shall be prima facie proof of the amount expended in any such work or improvements.
(Ordinance 09-273 adopted 4/13/09)
Erosion or the failure to institute erosion control measures within the corporate limits of the town in violation of this article is hereby declared to be a public nuisance.
(Ordinance 09-273 adopted 4/13/09)
Any person found in violation of any of the provisions of this article shall be deemed guilty of a misdemeanor and, upon conviction, shall be punished by a fine not to exceed $500.00, and each and every day such violation shall continue shall constitute a separate offense.
(Ordinance 09-273 adopted 4/13/09)