Chapter 5.12
DUST CONTROL
Sections:
5.12.010 Disturbing top soil—Nuisance.
5.12.020 Disturbing top soil—Misdemeanor.
5.12.040 Each day violation continues deemed separate offense.
5.12.050 City may abate nuisance.
5.12.060 Suspension of work by city.
5.12.070 Notice to suppress the blowing dust.
5.12.080 Expense of dust abatement to be lien on property.
5.12.090 Filing and foreclosing of lien.
5.12.100 Collection of cost of abatement by civil action.
5.12.110 Building permit—Bond required.
5.12.010 Disturbing top soil—Nuisance.
Excavating, grading, plowing or disturbing the top soil of any land area within the city of Othello, by any person, firm or corporation without taking affirmative measures to suppress and minimize the blowing and scattering of dust whereby it substantially affects the health, peace or repose of a substantial number of persons in their usual place of abode, work or recreation, is hereby declared to be a nuisance, and within the police power of the city to regulate. (Ord. 346 § 1, 1966).
5.12.020 Disturbing top soil—Misdemeanor.
Any person, firm or corporation who shall disturb, excavate, grade, plow or relocate the top soil of any land area within the city of Othello, as herein prohibited, for any purpose without taking reasonable affirmative measures to suppress and minimize the blowing and scattering of dust, such as adequate periodic sprinkling of the disturbed soil with water or other fluid, or by the application of a chemical or physical soil binder, or by means of forming a crust thereon, or by means of a physical cover, or by adequate fencing or by effective corrugation of surface, or any other means that will effectively suppress the blowing of dust, shall be guilty of a misdemeanor. (Ord. 346 § 2, 1966).
5.12.040 Each day violation continues deemed separate offense.
Each day that said violation continues shall be deemed a distinct and separate offense, punishable as herein provided. (Ord. 346 § 4; August 22, 1966).
5.12.050 City may abate nuisance.
In addition to the criminal sanctions herein provided, the city of Othello, may without being obligated to do so, may abate said nuisance by going upon the premises where the soil has been disturbed aforesaid, and take whatever steps are reasonably necessary to suppress the blowing and scattering of dust. (Ord. 346 § 5; August 22, 1966).
5.12.060 Suspension of work by city.
In the event an aggravated dust blowing condition exists, the city, under direction of the mayor or the city council, may, without notice to the owner or person in possession of the premises, suspend work on said premises, or if no work is in progress, cause the blowing dust to be suppressed by employees of the city of Othello, or by engaging a private contractor to take reasonable measures to suppress the blowing dust. (Ord. 346 § 6; August 22, 1966).
5.12.070 Notice to suppress the blowing dust.
If no emergency exists, the mayor or city council shall direct that notice be given to the person, firm or corporation to suppress the blowing dust, and if adequate measures are not taken within five days from the date of the notice to suppress the dust, the city may cause the dust nuisance to be abated by city employees or by contract labor aforesaid. (Ord. 346 § 7; August 22, 1966).
5.12.080 Expense of dust abatement to be lien on property.
If the city elects to cause the dust problem to be abated by city employees or by contract labor, the reasonable expense thereof, together with materials used, and the reasonable rental value of any equipment used, shall become a lien on said premises, or it the soil is disturbed in a street, alley, walk, or easement, or right-of-way, the reasonable expense of dust abatement shall be imposed as a lien upon the abutting or appurtenant property. (Ord. 346 § 8; August 22, 1966).
5.12.090 Filing and foreclosing of lien.
The lien shall be filed with the Adams county auditor in the manner and form of a sewerage lien and foreclosed in the manner by statute provided for the foreclosure thereof. (Ord. 346 § 9, August 22, 1966).
5.12.100 Collection of cost of abatement by civil action.
As an alternative remedy the city may collect the cost of abating the nuisance by civil action against the person creating the nuisance or against the owner of the offending property if the work is being performed under his direction or for and in his behalf. (Ord. 346 § 10; August 22, 1966).
5.12.110 Building permit—Bond required.
The city building inspector may, as a condition for issuing a building permit, obtain adequate assurances from the applicant that the conditions of this chapter shall be complied with, and in his discretion, may require the applicant to file with the city a bond conditioned that the applicant shall not permit any excavation or disturbing of soil to become a dust nuisance as herein provided, in such reasonable sum as he shall deem necessary but not to exceed the penal sum of one thousand dollars. (Ord. 346 § 11, 1966).