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HomeMy WebLinkAboutD-1534-01 Mud Removal from StreetsSPONSOR(S): Councilor Koven ORDINANCE NO. Dq534-01 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA, AMENDING CHAPTER 8, ARTICLE 7, SECTION 8-69 OF THE CARMEL CITY CODE WHEREAS, it is in the public interest to keep City streets flee from mud and other substances deposited thereon by vehicles and equipment used in excavation, construction or otherwise within the City limits; and WHEREAS, it is in the public interest and beneficial to public health and safety to have the owner or person in control of a vehicle or equipment depositing substances upon City streets clean up same, rather than having the public at large pay for the City Street Department to do so; and WHEREAS, Carmel City Code Chapter 8, Article 7, Section 8-69, should be amended to better accomplish the above. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Carmel, Indiana, as follows: 1. The foregoing Recitals are fully incorporated herein by this reference. 2. Chapter 8, Article 7, Section 8-69 of the Carmel City Code should be and the same is hereby amended to read as follows: "Sec. 8-69 Removal of Mud and Other Substances From City Streets. (a) No person, partnership, corporation or other legal entity shall, during construction, landscaping or other activity, cause any mud, dirt, sand, gravel, stone or other similar substance to be removed from its properly, or from property upon which same is working on behalf of another, and deposited upon any City street at any time beyond the earlier of (i) the cessation of the construction, landscaping or other activity which resulted in the deposit or (ii) thirty (30) minutes after dusk on the date on which the deposit occurred. (b) The penalty for a violation of sub-section (a) above shall be up to Two Hundred Dollars ($200.00) plus court costs for the first violation, up to Five Hundred Dollars ($500.00) plus court costs for the second violation, and up to Two Thousand Five Hundred Dollars ($2,500.00) plus court costs for the third and all subsequent violations. Each day shall constitute a separate violation. (c) In addition to the penalties otherwise set forth in this Section, the City may remove any substance deposited on any City street in violation of this Section and shall charge the cost of such removal against the owner of the property and/or the general contractor of the project being performed on the property from which came the deposit. Page One of Three Pages Prepared by Douglas C. Haney, Carrnel City Attorney, at the request of Councilor Koven. SPONSOR(S): Councilor Koven (d) In addition to the penalties otherwise set fodh in this Section, the Department of Community Services, upon receiving notice that a second or subsequent complaint and summons for the violation of this Section has been issued for the same property, shall issue a "stop work order" on the property at issue. Moreover, upon receipt of such notice, the Department of Community Services shall not issue an occupancy permit for the property at issue unless the owner thereof first posts a bond in the amount of Five Thousand Dollars ($5,000.00) with the Department of Community Services, such bond to be used to pay for the removal of any further substances which may be deposited from said property on City streets during the pendency of the legal proceedings regarding such second or subsequent violation(s) of this Section. (e) In a new residential subdivision section under construction, this Section shall not apply to a City street until houses are completed and ready for occupancy on fifty percent (50%) or more of the lots platted on that portion of said street that is located within the subdivision section. (f) The Carmel Police Department shall enforce, and the Carmel City Court shall have jurisdiction over violations of, this Section." 3. This Section supplements and does not limit any other remedy or action available in law or in equity regarding the subject matter hereof. 4. All prior ordinances or parts thereof inconsistent with any provision of this Ordinance are hereby repealed as of the effective date of this Ordinance. 5. This Ordinance shall be in full force and effect from and after its passage, signing by the Mayor and such publication as is required by law. PASSED by the Common Council of the City of Can~el, ridlena, 's __, 2001, by a vote of {4~ ayes and E) nays. obert{~fl~.cC~OUNCIL FOR THE CITY OF ATT~,C" Diana L. Cordray, IAM~k-Treasurer Ordinance No. D-1534-01 Page Two of Three Pages Prepared by Douglas C. Haney, Carmel City Attorney, at the request of Councilor Koven. [¢b insword · !law/e bass/my documents',ol dmances%arnendcodel2001/amd sec 8-69 su~eet mud doc: 7/30/01 ] SPONSOR(S): Councilor Koven to the Mayor of the City of Carreel, Indi ,, on the ~1_ day of/~, 2001. Presented by me Diana L. Cordray, IAMC, C~rk~easurer ,2001. e~sBrd~an J ard, Mayor Diana L. Cordray, I , surer Ordinance No. D-1534-01 Page Three of Three Pages Prepared by Douglas C. Haney, Carreel City Attorney, at the request of Councilor Koven,