Chapter 12.20
STREET DEBRIS REMOVAL AND CONTROL

Sections:

12.20.010    Requirements and restrictions.

12.20.020    Failure to abate – Penalty.

12.20.030    Failure to comply with order – Penalty.

12.20.010 Requirements and restrictions.

It is unlawful for any person or firm or corporation through its agents or employees or authorized subcontractors or suppliers to cause to be deposited upon the public rights-of-way of the city, any mud, rock, dirt, or other debris or material of any nature, except under the following conditions:

A. A permit has been obtained from the city for the hauling of material or items to or from premises either in connection with filling, excavating, grading or constructing any building or structure of any type whatsoever, and such activity either does, or is likely to, contribute to the depositing of dirt, mud, rock, debris or other material of any nature on the public rights-of-way by virtue of truck or other vehicular traffic or from any other cause resulting in such deposits upon the public rights-of-way.

B. A cash deposit in an amount to be established by the designated city official, but in no event less than two hundred fifty dollars, shall be deposited with the city to be held in trust to cover the cost of any necessary maintenance, repairs or other cleanup in the event of the failure of any person, firm or corporation causing any dirt, mud, rock or other debris or material being deposited upon the roadway to remove the same. These funds or the balance shall be refunded upon completion of the activity resulting in the debris and material being deposited on the roadway.

C. The permit required under this section may be coupled with, and shall be deemed a part of any other permit otherwise required to be issued in conjunction with any activities, construction or development going on premises which result in any offending debris or material being deposited upon the public rights-of-way; provided, however, those projects presently underway as of the effective date of the ordinance codified in this chapter shall obtain the necessary permission, post the required deposit and perform the necessary cleanup, even though operating under other valid permits from the city.

D. Each permittee shall be required to make provision to have adequate equipment available during the course of each day’s operation to assure a speedy and timely removal of any rock, mud, dirt or other debris or material from the public rights-of-way. Such shall include availability of a power broom or other means approved by the city’s representative. The right-of-way surfaces shall be cleaned prior to the end of each day’s operation and, in addition, all catchbasins, culverts or other municipal improvements affected by the depositing of mud, dirt, rock, debris or other material shall also be cleaned to the satisfaction of the city as is necessary as determined by a representative of the city. (Ord. 60.A § 1, 1999; Ord. 60 § 1, 1978)

12.20.020 Failure to abate – Penalty.

Anyone who fails to comply with the terms and provisions of BMC 12.20.010, or who otherwise causes, directly or indirectly, the depositing of mud, dirt, rock, debris or other materials upon the public rights-of-way and fails to clean the same in a timely manner, shall have committed a nontraffic civil infraction and shall be punished in accordance with the provisions of BMC 1.28.030(C). Violations of any provisions of this chapter upon the first offense shall be Class B civil infractions. A second offense shall be a Class C civil infraction. The third and subsequent offense shall be punishable as a misdemeanor and shall be punished in accordance with BMC 1.28.030(A). (Ord. 435 § 2 (Exh. B) (part), 2016: Ord. 60.A § 2, 1999: Ord. 60 § 2, 1978)

12.20.030 Failure to comply with order – Penalty.

In the event any person, firm or corporation fails to comply with the provisions of this chapter as to cleanup of debris or other material deposited on the public rights-of-way, or any sewer system of the city, the mayor, or his designee, may cause a notice and order to be issued to any representative of the party responsible for such action, including on the job site, which may order all work to cease until the necessary permits and/or cleanup is obtained and/or accomplished to the satisfaction of the city’s representative. Failure to comply with this provision shall result in the issuance of an infraction, the penalty for which shall be as established in the general fine and penalty provisions of this code for infractions. Failure to respond to an initial infraction, or a second and subsequent violation of the same provision, shall constitute a misdemeanor and shall be subject to the general fines and penalties as established for misdemeanor violations in this code. (Ord. 60.A § 3, 1999: Ord. 60 § 3, 1978)