Chapter 12.45
REMOVAL OF MUD AND OTHER SUBSTANCES
Sections:
12.45.010 Depositing of mud or other substances on town roads or streets.
12.45.020 Violation – Penalty.
12.45.030 Removal of deposited substances by town.
12.45.050 New residential subdivisions.
12.45.010 Depositing of mud or other substances on town roads or streets.
No person, partnership, corporation or other entity shall, during construction, landscaping, or other activity, cause any mud, dirt, sand, gravel, stone, or other similar substance to be removed from its property, or from property upon which same is working on behalf of another, and deposited upon any town road or street at any time beyond the earlier of:
A. The cessation of the construction, landscaping, or other activity which resulted in the deposit; or
B. Thirty minutes after dusk on the date on which the deposit occurred. [Ord. 2016-07 § 1]
12.45.020 Violation – Penalty.
The penalty for a violation of WMC 12.45.010 shall be as provided for in the table below. For the purposes of calculating the penalty, each day shall constitute a separate violation:
|
Violation |
Penalty |
|---|---|
|
First Violation |
$200.00 plus court costs |
|
Second Violation |
$500.00 plus court costs |
|
Third and Subsequent Violations |
$2,500.00 plus court costs |
[Ord. 2016-07 § 2]
12.45.030 Removal of deposited substances by town.
In addition to the penalties otherwise set forth in this chapter, the town may remove any substance deposited on any town street in violation of this chapter and shall charge the cost of such removal against the owner of the property and/or contractor of the project being performed on the property from which the deposit came. [Ord. 2016-07 § 3]
12.45.040 Stop work order.
In addition to the penalties otherwise set forth in this chapter, the town, upon receiving notice that a second or subsequent complaint and summons for a violation of this chapter has been issued for the same property or project, shall issue a “stop work order” on the property or project at issue. Moreover, upon receipt of such notice, the town shall not issue an occupancy permit for the property or project at issue unless the owner thereof first posts a bond in the amount of $5,000.00 with the town, such bond to be used to pay for the removal of any further substances which may be deposited from said property or project on town roads and streets during the pendency of the legal proceedings regarding such second or subsequent violation(s) of this chapter. [Ord. 2016-07 § 4]
12.45.050 New residential subdivisions.
In a new residential subdivision section under construction, this chapter shall not apply to a town road or street until houses are completed and ready for occupancy on 50 percent or more of the lots platted on that portion of said street that is located within the subdivision section. [Ord. 2016-07 § 5]