(A) It is unlawful for any owner, contractor, developer, or other person in charge of property, who disturbs land, including, but not limited to, clearing, grading, grubbing, excavating, filling, landscaping, or erecting buildings, or allows, contracts for, or directs the disturbance of the land, to cause or permit dust, sand, and dirt, etc., from blowing from the disturbed land site to other real property, including streets and dry wells in sufficient quantities and of such characteristics and duration as to be inconvenient, annoying, or injurious to human health, plant or animal life, or property.
(B) As part of any development agreement entered into between the city and a developer, or when another person intends to disturb one acre or more of land at any one time by one or more phases of development, and the disturbance is located on the same parcel of land or on contiguous parcels of land under the same ownership, or as part of any public improvement contract let by the city involving disturbance of one or more acres of land, a written Blowing Dust Control Plan must be filed with the city for review. No Development Agreement or Notice to Proceed will be issued until the city has certified that the Blowing Dust Control Plan contains reasonably acceptable control measures that, if followed, will prevent or substantially reduce blowing dust during high winds. A cash deposit, performance bond, letter of credit, or other security to secure performance of the Blowing Dust Control Plan, in an amount as established by resolution of the City Council, must be submitted with the Blowing Dust Control Plan.
(C) It is an affirmative defense to a blowing dust violation that the owner, contractor, developer, or other person in charge of property, who disturbs land made a good faith effort, to the maximum extent possible, to control dust, sand, and dirt, etc., from blowing from the disturbed land site to other real property, including streets and dry wells.
(D) The Blowing Dust Control Plan shall identify the reasonably acceptable control measures that will be utilized to prevent blowing dust, including persons who will check the site during weekends and holidays and have the ability and means to take corrective action. Corrective action must be available 24 hours per day, seven days per week. The names and phone numbers of such persons shall be included in the plan, and the city shall be advised immediately, in writing, if there are any changes in the names or phone numbers of the person or persons to contact. The Blowing Dust Control Plan and security deposit shall remain in effect for the full period of the activity which disturbs the land. The city may require the Blowing Dust Control Plan and the security deposit to continue beyond the final completion of the land disturbance activity for up to, but not to exceed, two years if the extension is necessary to ensure that the disturbed soil has stabilized.
(E) Actions by a public utility, the city, or other governmental agency to remove or alleviate an emergency condition, restore utility service, or reopen a public thoroughfare to traffic are exempt from controlling dust.
(F) Where the occurrence of blowing dust can be reasonably attributable to a given site, the city shall notify the offender to immediately suppress the blowing dust. In addition the city may order the suspension of all activity on the offending site and require the immediate employment of sufficient efforts to control the blowing dust. If the person in possession or control of the site or the contact person or persons listed in the Blowing Dust Control Plan are unavailable or do not initiate sufficient dust control efforts within four hours of being notified to do so, the city may initiate such efforts as it deems reasonable to suppress the blowing dust. The costs incurred by the city for dust suppression efforts shall be borne by the owner, developer, and other persons responsible for the land disturbance activity on the site. The cost for labor and equipment used or hired by the city for dust suppression shall be set by resolution of the Council. Such costs may be deducted from any security filed with a Blowing Dust Control Plan. These costs are in addition to any penalty assessed against a violator.
(G) Violation of division (A) involving a site of less than one acre is a Class A violation. Failure to notify the city within 24 hours of any changes in the names and phone numbers of persons listed in a Blowing Dust Control Plan who will check the site during weekends and holidays and have the ability and means to take corrective action is a Class A violation. Violation of division (A) involving a site of one acre or more, or failing to implement a Dust Control Plan, or sufficient dust control efforts within four hours of being notified to do so is punishable by a fine of up to $2,500 per day per violation. In addition, failure to pay the fine and the costs incurred by the city for dust suppression shall be grounds for withholding issuance of requested permits or licenses, issuance of a stop work order, if applicable, or revocation or suspension of any issued permits or licenses.
(Ord. 1992, passed 6-14-99; Am. Ord. 2024, passed 10-9-00) Penalty, see §92.99