(a) Vehicles tracking mud, etc. No person shall drive or move any vehicle within the city, the wheels or tires of which carry onto or deposit in any street, alley, roadway or other public place mud, dirt, sticky substances, litter or foreign matter of any kind. Violation of this subsection is declared to be a municipal infraction. The penalty for violation shall be the sum of fifty dollars ($50.00).

(b) Permit condition. Every building permit, grading permit, and any other permit under which land may be disturbed will include the following condition: No permittee shall allow any mud, dirt, sticky substance, litter, or foreign matter of any kind to be driven, tracked or otherwise deposited upon any street or other public way adjacent to the permittee’s work site.

(c) Responsibility of permittee. If any permittee violates the permit condition set forth in subsection (a) of this section, it shall be the duty of the permittee to cause the mud, dirt, sticky substance, litter or foreign matter to be removed. The permittee shall be deemed responsible for the existence of mud, dirt, etc., on any street or other public way adjacent to the permittee’s work site.

(d) Removal of mud, dirt, etc. If the permittee fails to remove the mud, dirt, etc., within eight (8) hours of receiving notice from the city to do so, the building department manager shall cause such removal and the cost incurred thereby shall be paid by the permittee in accordance with subsection (e) of this section.

(e) Removal by city. If the building department manager must cause the removal of mud, dirt, etc., the city will charge such costs arising for the removal of mud, dirt, etc., to the permittee. The building department manager will notify the permittee in writing of the charges incurred upon completion of the removal work. Minimum charge of five hundred dollars ($500.00) will be assessed. If the city’s cost exceeds five hundred dollars ($500.00), additional charges will be assessed in accordance with the table below:

These charges apply during normal working hours; add one hundred fifty (150) percent for after-hours work.

(f) Payment of charges. The costs arising for removal of mud, dirt, etc., from the streets or other public ways, by the city, must be paid within thirty (30) days of receipt of invoice. These charges must be paid prior to release or reduction of any bond or issuance/release of any building permit, or any certificate issued thereunder. Any unpaid charges may be assessed as a lien against the subject property and be collected in the same manner as property taxes. (Ord. No. G-05-10, § 1, 7-21-05)

* Editor’s note--Ord. No. G-05-10, enacted July 21, 2005, repealed and reenacted, with amendments, § 22-2 which pertained to deposit or tracking of mud, etc., on streets, and derived from Ord. No. G-169, § 1 and Ord. No. G-80-25, § 1, 7-17-80.