[Adopted 5-19-2003 by L.L. No. 4-2003]
A.
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.
B.
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.
C.
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.
D.
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.
E.
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.
