28-98 OrdinanceRECORD OF ORDINANCES
Dayton Legal Blank Co. Form No. 30043
Ordinance No.__________28-48___ Passed________________________ 19
AN ORDINANCE AMENDING SECTION 97.38 OF THE
CODIFIED ORDINANCES OF THE CITY OF DUBLIN FOR THE
MAINTENANCE OF CLEAN AND SAFE PUBLIC ROADWAYS
WHEREAS, the City of Dublin, Ohio (the "City") is vitally concerned with the condition
of the Rights-of--Way in the City and desires to promote the public health, safety and welfare;
and
WHEREAS, it is necessary to maintain a Right-of--Way free of mud, debris, and
obstructions to promote safe travel, reduce public nuisance, and maintain a clean
environment; and
WHEREAS, the current City of Dublin Codified Ordinances must be amended to establish
an enhanced policy regarding the littering and tracking of mud, earth, snow, rubbish, rocks,
refuse and other debris.
NOW THEREFORE BE IT ORDAINED by the Council of the City of Dublin, State of
Ohio, 2 of the elected members concurring that:
A. No person shall litter or track on the streets and alleys of the Municipality any mud,
earth, snow, rubbish, rocks, refuse and other debris. If, because of the weather or the
type of work being done, it becomes impossible to avoid such littering and tracking
of the streets, the parties responsible therefor shall, immediately, remove, wash
and/or otherwise clean such streets, curbs, inlets, and storm sewer lines, at their
expense.
B. If there is such littering and tracking of the streets that it causes a public nuisance,
environmental hazard or danger to the safe and free travel about the community, the
Director of Streets and Utilities, or his/her designated representative, may order the
immediate removal of all obstructions to be completed to his/her satisfaction by the
party responsible.
C. For properties on which there is construction or excavation, the developer, permit
holder, contractor, and/or responsible party for the property shall be solely
responsible for all infractions of this section caused by himself, his subcontractors
and all delivery people and shall be responsible for thoroughly cleaning, on a daily
basis, all streets, highways or private properties of all mud, earth, snow, rubbish,
rocks, refuse or other debris of any kind from such work or related transportation to
and from the work site.
D. Upon failure of any party to remove such materials or obstructions within a two (2)
hour period removal services shall be rendered by the appropriate City agency and
the party billed at the current hourly rates of the agency's equipment and personnel.
For removal, the City retains the right to contract out such service as deemed
necessary and likewise bill the responsible party for all costs incurred.
E. Failure to pay such bill within thirty (30) days shall be grounds for a stop work order,
revocation of any and all City permits, licenses, performance bonds, and letters of
credit issues to or posted by such party for the affected permit site. If such bill has
not been paid within 30 days after mailing, the Director of Finance shall certify the
charges for services to the County Auditor upon direction by council and approval
of certification, together with a proper description of the premises. Such amounts
shall be entered upon the tax duplicate, shall be a lien upon such lands from the date
of the entry, and shall be collected as other taxes and returned to the City for the
deposit into the general fund. The City may refuse to issue any new permits or
licenses or certificates of occupancy for so long as any bill or fines remain unpaid.
Page 1
RECORD OF ORDINANCES
Dayton Legal Blank Co. Form No. 30043
Ordinance No-------- --------------- Passed------- ----- --- --------------------- - -- --- 19--- -
F. The City maintains the right to issue a stop work order for repeated offenses of this
chapter or for failure to comply with 97.38 (A), (B), and (C).
G. Failure of the permit holder to make corrections shall result in a minor misdemeanor
and shall be subject to penalty under § 70.99.
H. For the purpose of this section, it shall be presumed, unless otherwise demonstrated
by the permittee, that any mud, earth, snow, rubbish, rocks, refuse, or other debris of
any kind deposited on any street or public highway emanating from any point of entry
or exit to or from the work site and/or property within the immediate vicinity of the
work site and within the ordinary course of travel of vehicles to and from the work
site and/or property originated from or was due to such work or related
transportation.
Passed this ~l day of 1998
l
Mayor -Presiding Officer
ATTEST:
~~
Clerk of Council
I hereby certify that canes of t~~is Or~1`nnace!RA~-~i+a+~were posted
City of Dublin in accordance w~t'.+ Sect;on ; 31.25 of the (~lro Revised ~
~T rk Council, blip, Ohio
the
Page 2
0177' OF DUBLIN
Department of Service
6351 Shier-Rings Road • Dublin, Ohio 43016-1243
Phone: 614-761-6570 Fax: 614-761-6512
To: All Members Dublin City Council
From: Timothy C. Hansley, City Manager I
Initiated by: Dana L. McDaniel, Director of Service ~C~~• ' `''~`
Date: April 14, 1998
Memo
Re: Ordinance 28-98, An Ordinance Amending Section 97.38 of the Codified
Ordinances of the City of Dublin for the Maintenance of Clean and Safe Public
Roadways.
A. Staff recommends that Council pass Ordinance 28-98, An Ordinance Amending Section
97.38 of the Codified Ordinances of the City of Dublin for the Maintenance of Clean and
Safe Public Roadways (attached).
B. Recent history, primarily an ongoing construction season, has heightened staff's awareness
and sensitivity to the cleanliness, or lack thereof, of Dublin's streets. While cleanliness of
streets is always an ongoing issue, staff felt it necessary to revisit the appropriate sections
of the City's Codified Ordinances with one goal in mind -- keeping the City's streets as safe
and clean as possible.
C. Two sections of the City's existing code address this issue:
,~, ..,
1. 74.47 Loads Dropping or Leaking• RemovaURequired: Trackine Mud. This section
:,.., under Title 7, Traffic Code, targets the driver of the vehicle whose truck drops or
leaks its load or tracks mud. Staff did not feel it necessary to modify this section of
the code at this time.
2. 97.38 Tracking Mud Prohibited: Clean-uy. This section under Title 9, General
Regulations, targets the property and responsible party of the property whose
activities on the property may result in creating unsafe conditions on the public
street(s). In reviewing this section, staff desires to amend this section for the
following reasons:
a. Declare that no person shall litter or track mud, earth, snow, rubbish, rocks,
refuse, and other debris on Municipal streets and alleys. Snow has been
added to the list of items that shall not be littered onto public streets/alleys.
b. Require immediate and daily clean-up.
c. Establish that the Director of Streets & Utilities may order the cleanup or
cause the cleanup of streets by contracting or using City resources to do so
and to bill the appropriate party. Staff feels the Director of Streets &
Utilities is the best member for this responsibility since cleanliness and
provision of street maintenance, to include personnel and equipment, are the
day-to-day responsibility of that Division. In addition, this division is more
omni-present throughout the City.
d. The Ordinance expands the City's ability to revoke permits, licenses, bonds,
letters of credit or to issue stop work orders or to not issue occupancy
permits for non-compliance or not paying bills related to cleanup.
D. Staff has drafted an Administrative Order (AO) and will put into effect an AO which
orchestrates internal coordination for cleanup of streets. The intent of this AO is to
coordinate actions that may be taken by the various City divisions to mitigate and respond
to hazardous road conditions caused by littering or tracking on City streets. Furthermore,
it is the intent of this AO to emphasize cooperation to achieve clean streets prior to
enforcing the more stringent approach permitted by the Code.
E. In an attempt to insure cleaner streets throughout the City, the Division of Streets &
Utilities will be engaging in a contract for street sweeping services to augment the existing
street sweeping program. This contract is intended to provide regularly scheduled cleaning
on the most traveled streets and on the streets immediately adjacent to construction areas.
The Division anticipates spending nearly $20,000 of unexpended funds related to snow
removal and snow removal materials.
Any questions regarding this Ordinance may be addressed to Dana McDaniel at work: 761-6570
or home: 717-0861.
Thank you.
TCH/tb
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