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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. -2- 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 -3-