[Adopted 5-19-2003 by L.L. No. 4-2003]
No property owner within the Village shall allow, suffer, permit, or tolerate any silt, soil, sand, gravel, leaves, or other vegetation, or other similar material (hereinafter, within this article, all together referred to as "material") to be carried or transported by surface water flow, wind, or otherwise from such owner's property within the Village to a public street within the Village.
No contractor, subcontractor, or any other person performing construction work within the Village, during the period that construction is taking place on such property, whether or not there is actual construction activity at that specific time, shall allow, suffer, permit, or tolerate any material to be carried or transported by surface water flow, wind, or otherwise from the construction area on any property within the Village to a public street within the Village.
In the event that construction is commenced, whether or not a building permit has been issued or has subsequently expired, until the Building Inspector has approved or otherwise certified that such construction and the construction and/or refurbishing of the required stormwater facilities, grading, and other landscaping features required by the Village have been completed, there shall be a conclusive presumption that the period of construction is continuing.
In the event that any material shall be carried or transported from such owner's property or construction area within the Village onto a public street of the Village, and the Village is, in its reasonable discretion, required to remove such material, the owner of the property from where such material was carried or transported and, if applicable, the contractor, subcontractor, or other person performing construction work at the construction area from where such material was carried or transported, shall be liable, jointly and severally, to the Village for its costs of labor in removing such material. In the event that such reimbursement is not made to the Village within thirty days after billing, such sum, as against the property owner, shall be collected in the manner fixed by law for the collection of taxes and, further, shall be subject to a delinquent penalty at the legal rate of interest in the event that the same is not paid in full on or before the date the tax bill upon which such charge appears becomes delinquent.
Any person, firm, or corporation that shall violate or fail to comply with any of the provisions of this article shall forfeit and pay a penalty not to exceed $1,000 for each and every offense. Each day that such offense continues or occurs shall be deemed a separate and distinct offense.