Chapter 11.32 — SOILING OF PUBLIC RIGHT-OF-WAY

All persons performing construction work under a building permit obtained from the city, or causing construction work to be performed under such building permit, are required to maintain all streets, sidewalks and other public rights-of-way in the vicinity of the construction site free from any dirt or debris generated by the construction.

(Ord. 1730 (part), 1988).

If any dirt or debris generated at a construction site is allowed to remain on a public right-of-way for more than twelve hours, the city may remove the dirt or debris itself, and bill the cost of removal and/or necessary traffic control needed to provide for public safety to the applicant for the building permit which was issued for the construction that generated such dirt or debris. The cost of removal of such dirt or debris shall be a civil obligation upon the building permit applicant.

(Ord. 1730 (part), 1988).

If the city is required to have any dirt or debris removed pursuant to this chapter, it shall notify the building permit applicant of the costs of such removal by first class mail addressed to the applicant at the address given in the building permit application. Said notice, in addition to stating the cost, shall also contain the following information:

(a)

That the applicant is required to reimburse the city for the costs of removal of the dirt or debris within ten days of the mailing of the notice;

(b)

That failure to pay the specified costs will result in suspension of the applicants building permit;

(c)

That if the applicant disputes the assessment, he may request a hearing before the city council by filing a written request with the city clerk within ten days of the date of mailing of the notice of the costs. The request shall specify the reasons the applicant disputes the assessment.

(Ord. 1730 (part), 1988).

If the applicant fails to reimburse the city for the costs assessed under this chapter within ten days from the receipt of the notice specified in Section 11.32.030, and also fails to request a hearing before the city council, the applicant's building permit shall be deemed suspended, and no further construction can take place until such assessed costs are paid.

(Ord. 1730 (part), 1988).

If the applicant files a request for hearing that complies with Section 11.32.030(c), the city clerk shall schedule such hearing at the earliest convenient city council meeting not more than thirty days, not less than five days from the date the request was received. Upon setting the date, the clerk shall notify applicant of the hearing at least five days in advance of the hearing date. The applicant's building permit shall remain active while the hearing is pending.

(Ord. 1730 (part), 1988).

At the hearing the city council shall hear the applicant, and any other relevant evidence. Following the hearing, the council may take any of the following actions:

(a)

If the council finds that the assessed costs accurately represent the actual costs of removal of the dirt or debris, including related traffic control costs, then the council may uphold the assessed costs;

(b)

If the council finds that the assessed costs do not accurately depict the actual costs of removal of the dirt or debris, but that the dirt or debris did come from the applicant's project, then the council may modify the assessed costs to equal the costs actually incurred;

(c)

If the city council finds that the dirt or debris did not come from the applicant's project, the council may absolve the applicant from payment of the assessed costs.

(Ord. 1730 (part), 1988).

After the city council renders its decision, the city clerk shall notify the applicant of the decision by first class mail. If the city council determines that the applicant owes any costs, the notice shall specify the amount owed, and provide that the applicant must pay these costs within ten days after the mailing of the notice. If the assessed costs are not paid within the ten-day period, the building permit shall be deemed suspended, and no construction may proceed until the costs have been paid in full.

(Ord. 1730 (part), 1988).