Article 12. Erosion Controls
17.12.1. Erosion controls required.
Property shall be maintained so that mud, silt, gravel, dust, or other debris will not leave private property and enter upon the property of another, or upon the rights of way, drainage easements, alleys, or other property of the City, due to erosion of any kind (hereinafter collectively referred to as “erosion”). Any person, partnership, corporation or its agent, either as owner of, occupant of, or building permit holder for construction on any lot or tract of land within the city (hereinafter “Responsible Party”), who has failed to maintain said land in such a way, or has failed to install or apply effective control measures to prevent erosion, shall be required, after service of notice as hereinafter provided, to take remedial action on said land to prevent the occurrence or recurrence of such conditions. Remedial action shall include, but not be limited to, the installation or application of effective erosion control measures.
(Ord. 390)
17.12.2. Erosion clean up.
When failed or absent erosion control has resulted in mud, silt, gravel, dust or other debris entering into the public rights of way, drainage easements, alleys, or other property of the city, the remedial action required also shall include the cleaning up and removal of said debris.
(Ord. 390)
17.12.3. Notice of erosion violation.
Whenever the city inspector, finds evidence of erosion, the city shall give written and/or oral notice of the violation to a Responsible Party. Such notice shall specify the conditions to be abated, the remedial action to be taken, and direct that the Responsible Party take action within three (3) days after service of such notice to install effective erosion control. Working days shall be defined as Monday through Friday, exclusive of official holidays recognized by the City of Bel Aire, Kansas.
(Ord. 390)
17.12.4. Notice to abate.
Such notice shall also direct that the Responsible Party remove any dirt, debris or mud that has been deposited in the rights of way, drainage easements, alleys, or other properties owned by the city, within 24 hours after service of such notice. Notice may be given in person, by posting at the site, by telephone call, or by facsimile. Failure to receive said notice shall not be an issue or defense in any action.
(Ord. 390)
17.12.5. Failure to abate.
Failure to abate the conditions specified in the notice within three (3) days after service of such notice shall constitute an unlawful act and a violation of the provisions of this Chapter. Each day that any violation of the foregoing provisions shall continue shall constitute a separate offense.
(Ord. 390)
17.12.6. Abatement by city.
If, upon the exercise of due diligence, the city is unable to notify any Responsible Party, or if, upon notification, such Responsible Party is unable, unwilling, or fails to remedy the conditions specified in the notice, within the time frame specified above, the city may proceed to install or apply effective erosion control measures and to clean up and remove mud, silt, gravel, dust, or other debris that has entered into the public rights of way, drainage easements, alleys, or other property of the city.
(Ord. 390)
17.12.7. Assessment of costs.
Whenever conditions are abated by the city as described above, costs for the abatement and cleanup may be assessed as follows. The city shall keep a record of the total cost of such abatement or removal incurred by the city, and shall bill such costs to the Responsible Party by certified mail, return receipt requested.
(Ord. 390)
17.12.8. Assessment to tax rolls.
If the assessment for such costs is unpaid after thirty (30) days from the date of billing, the City Clerk, at the time of certifying other city taxes, shall certify such costs to the County Clerk, with instructions to extend the same on the tax roll of the County against the applicable lot or parcel of ground, and ask that it be collected by the County Treasurer and paid to the city as other city taxes are collected and paid.
(Ord. 390)
17.12.9. Other means of collection.
Nothing in this section shall limit the city's right to pursue collection both by levying a special assessment and in any other manner provided for by law, but only until the full cost and any applicable interest has been paid in full.
(Ord. 390)