HomeMy WebLinkAbout018 - 02/21/1984 - PROHIBITING THE DEPOSITING OF DIRT, DEBRIS, AND CONSTRUCTION WASTE ON STREETS AND RIGHTS-OF-WAY • •
ORDINANCE NO. 18 1984
OF THE COUNCIL OF THE C=OF FORT COLLINS
PROHIBITING THE DEPOSITING OF DIRT,
DEBRIS, AND CONSTRUCTION WASTE ON
STREETS AND RIGHTS OF WAY
WHEREAS, in the interest of the public health, safety, and welfare of
the the community, it is the desire of the Council of the City of Fort
Collins to provide for the maintenance of public streets and rights of way
in a safe and sanitary condition; and
WHEREAS, many activities related to construction in a growing city
cause the disturbance of dirt, and result in accumulations of debris and
construction waste; and
WHEREAS, vehicles used at the construction site or to haul materials
to or from the construction site may cause dirt to be tracked onto public
streets and rights of way or, in the process of hauling materials, such
materials may be blown or fall from vehicles; and
WHEREAS, said dirt, debris or construction waste can create a public
hazard and nuisance on the public streets and rights of way and can con-
tribute to the degradation of the air and water quality of the community;
and
WHEREAS, the hazard and nuisance created by dirt or debris in or on
the public streets and rights of way is not confined only to construction
related activities but may be caused by other activities.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS that Chapter 79 of the Code of the City of Fort Collins be amended
in the following particulars:
Section 1 . That Chapter 79 of the Code be amended by the addition of
the following as Article IV.
ARTICLE IV
Dirt, Debris and Construction Waste
79-11 Definitions
As used in this Article, the following terms shall have the
meanings indicated:
DIRT, DEBRIS, CONSTRUCTION WASTE--Common earth,
salvage material , refuse, garbage, rubbish, or other
waste materials associated with or resulting directly
or indirectly from construction activity or process.
PERSON--Every natural person, firm, co-partnership,
association, or corporation.
STREET OR RIGHT OF WAY--The entire width between the
dedicated or deeded boundary lines of every way
publicly maintained
the use of the public when any
nthe part ur thereof is open to
p purposes of vehicular,
bicycle, or pedestrian travel ; or the entire width of
every way declared to be a public street or highway by
any law of the state. Street or right of way is
further defined as any street on which a certificate of
occupancy has been issued for more than one address or
a street approved and accepted by the City of Fort
Collins.
VEHICLE--
Every device in, upon or by which any person,
property or material is or may be transported or drawn
upon a street or right of way, except devices moved by
human power.
79-12 Nuisance declared; removal procedure; assessment of costs
A. No person shall allow the tracking, dropping or depositing of
dirt, debris, construction waste, or any other material by or
from any vehicle onto any street or right of way as defined
herein. If said tracking, dropping or depositing occurs, the
person responsible shall promptly remove all material and return
the street or right of way to its prior condition.
B. No person engaging in activity at a construction site or
operation area in conjunction with construction activity shall
allow the street or right of way to accumulate construction
materials, waste material , debris or rubbish as the result of
said construction activity and shall remove all construction
materials, waste material , debris, rubbish, tools, construction
equipment , machinery, and surplus materials from the street or
right of way if public access to said street or right of way is
restricted in any manner.
C. Any person functioning as a general contractor or superin-
tendent with overall construction responsibilities, and/or
supervision of the construction site or operation area shall also
be held responsible for any violations of the provisions of
this ordinance by any agents, employees, subcontractors, or
haulers of materials or supplies to and from the construction
site.
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I •
D. Such deposits or dirt, debris, or other materials are hereby
declared to constitute a nuisance and hazard to the public; and
the Director of Public Works or his designated representative may
remove said deposits or materials and charge the general contrac-
tor, superintendent, owner of the property on which the work is
being performed, or other person responsible for the full cost of
such removal . Until such charge has been fully paid, no such
contractor, superintendent, owner or other responsible person
shall be entitled to obtain further construction related permits
or certificates from the city.
E. Penalty: Any person who violates any of the provisions of
this section commits a misdemeanor and shall be subject to a fine
or imprisonment in accordance with sections 1-23 and 1-24 of the
Code of the City of Fort Collins.
Introduced, considered favorably on first reading, and ordered pub-
lished this 7th day of February, A.D. 1984 , and to be presented for final
passage on the 21st day of February, A 1984 .
`
May r
9 - 3,
ATTEST:
City Clerk
1984.Passed and adopted on final reading this 21st day of February, A.D.
M
ATTEST:
City Clerk
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