Section 24-9 Depositing dirt, debris, etc., on city thoroughfares.
Prior to the adoption of Ord. 17649 on 04/21/2003, Section 24-9 read as follows.
(a) It shall be unlawful for any person to place, deposit or dump or to cause
or allow the
placing, depositing or dumping, washing or eroding of any earth, dirt, rock, clay, sand, shale,
building material, debris or rubbish from property or vehicles owned or controlled by them, onto
any street, sidewalk or thoroughfare within the city or upon the property of any other person
without that person's permission.
In the event that If the placing, depositing, dumping,
washing or eroding of earth, dirt,
rock, clay, sand, shale or any other material upon streets, sidewalks or thoroughfares within the
city creates conditions that, in the opinion of the director of public works, are unsafe or pose a
hazard to the public, the city shall immediately notify the person responsible for such condition
or who owns or controls the land from which such materials came to abate the unsafe or
hazardous conditions. If the placing, depositing, dumping, washing or eroding of earth, dirt,
rock, clay, sand, shale, or any other material upon streets, sidewalks or thoroughfares within the
city is the result of earth moving, construction of buildings or other activities being performed
under permits issued by the city, the director may issue stop work orders and suspend any
permits until the unsafe or hazardous conditions are abated and adequate provisions are in place
to prevent reoccurrence.
(c) If the city is unable to immediately locate or notify any responsible person
subsection (b) above, or if upon notification such person is unable or unwilling to abate the
hazardous or unsafe conditions, or if such person agrees to abate the conditions but fails to do so,
the city may proceed to abate such conditions.
(d) The city shall keep a record of the cost of each unsafe or hazardous condition
this section. The city may recover the cost of such abatement by issuing tax bills against the
property from which the materials constituting the unsafe or hazardous condition came. Before
such tax bills are issued, the director of public works shall give notice to the property owner of
any property from which the materials came that the director intends to recommend that the city
council taxbill the property for the cost of abatement. The notice shall state that the property
owner may, within seven (7) days of receipt of the notice, request a hearing before the director of
public works to contest the appropriateness of taxbilling the cost of abatement.
(e) Any hearing requested under this section shall be held as soon as possible
after the request
for a hearing has been made but not later than fifteen (15) days after the request. All interested
parties may appear at such hearing either in person or by attorney and present evidence
concerning the matters at issue. If after hearing the director finds that the landowner or one
acting for his benefit is responsible for the conditions abated, he shall recommend to the city
council that the costs of the abatement be taxbilled to the land contributing to the conditions
abated. The council, after reviewing the record of the hearing, may taxbill the cost of abatement.
(CC 1964, § 14.080; Ord. No. 13022, § 1, 7-1-91)