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92-0812 Cleaning Streets Policy ca-©gka RESOLUTION ADOPTING A POLICY FOR CLEANING/SWEEPING CITY STREETS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby adopts a Cleaning/Sweeping City Streets Policy dated July 8, 1992 as the City of Elgin's policy for the cleaning and sweeping of city streets, a copy of which is attached. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: August 12, 1992 Adopted: August 12, 1992 Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk 7-08-92 POLICY CLEANING/SWEEPING CITY STREETS Certain activities on private lots or in new subdivisions may result in mud/gravel/debris being tracked out onto the public right-of-way. This material deposited on City streets may create a hazard to vehicular or pedestrian movements, re- sult in dust/air pollution, or become unsightly to adjoining property owners. Therefore, in order to correct and/or discourage these activities, the following policy/procedure is hereby adopted: 1 . DPW receives notice or complaint of problem. 2 . DPW verifies situation and problems involved. 3. DPW notifies Engineering (if new subdivision) and/or BIS ( if private lot) with: a. Address, date and time. b. Volume and type of material involved. c. Description of the situation. d. Names of person(s) /firm(s) involved, if known. 4 . DPW secures name, address, phone number of respon- sible party. 5. DPW notifies responsible party to clean the right-of-way and documents the time/date/method of notification/who was contacted. 6 . Responsible party is obligated to clean up the problem area(s) immediately (within one hour) . 7 . DPW shall respond and clean up the problem ar- ea(s) if contractor fails to respond. 8. DPW prepares the bill, including an administra- tive fee ( fine) , and forwards to either Engineer- ing or BIS. 9 . Engineering or BIS proceeds with process to col- lect the clean-up fee, or place a lien on the property or project. MDM0103 .A/TEXT071/MEMOTOCN.0 DRAUGHT 4-17-92 PROPOSED CODE ADDITIONS 13. 04 . 175 Tracking Mud Onto Streets. It is unlawful to track mud, gravel, or foreign materi- al/debris off a vehicle from private property onto any public street, sidewalk or alley. The contractor shall be responsible to clean and remove such mud/debris from any public street, sidewalk or alley as it accumulates, or prevent same from occur- ring with on-site cleaning facilities for their vehicles . The Director of Public Works is authorized to shut-down any con- struction activity which tracks mud/debris onto public streets, or authorize clean-up activities and bill the responsible par- ty, including a fine of $50 per occurrence. MDM0103.B/TEXT071/MEMOTOCN.0 Agenda Item Nos//rAils,)\ 41 t fr l�b July 16, 1992 -MEMORANDUM TO: Mayor and Members of the City Council FROM: Larry L. Rice, City Manager SUBJECT: Proposed Amendment to Chapter 13.04 General Regulations of the City Code PURPOSE: This memorandum will provide the Mayor and City Council with information to amend portions of City Code Chapter 13.04 General Regulations. Part A of this memorandum will amend Chapter 13.04 .120, 13.04. 130, 13.04. 150 and 13.04. 160 pertaining to the use of public rights-of-way. Part B of this memorandum will amend Chapter 13 .04 . 170 pertaining depositis on city streets. BACKGROUND: (Part A) The City Council at the Committee of the Whole Meeting on May 13, 1992 considered and authorized four requests to place fences on public rights-of-way. The City Council also directed the staff to prepare the necessary ordinance that would permit the City Manager, upon recommendation of the City Engineer, to execute such agreements that would allow the encroachment of structures on public right-of-way. The Legal Department has prepared an amendment to Article 13.04. 130 that would permit the placement of structures in the public right-of-way upon approval of the City Manager. The Legal Department has also prepared amendments to other articles in the Municipal Code pertaining to the use of public right-of-way as an effort to "clean them up" . Article 13.04 .210 Certificates of Insurance is an addition to the Code. A copy of the amendments to the Code is attached for your consideration. (Part B) Past practice has been to send a bill when public services have been used to clean up street problems created by the private sector. These problems occur at individual lots, at new commercial/industrial sites, or at new subdivisions. We have researched the subject and have documented the sections from the Elgin Municipal Code which are applicable as follows: Mayor and Members of the City Council July 16, 1992 Page 2 1. 10.48.060 Throwing injurious material on public street. 2. 11.52.050 Securing of Loads. * 3. 13.04. 170 Deposits on Streets . 4 . 13.04 . 190 Deposit of Snow on Public Property. 5. 16 . 12. 140 Section PM-301.5 amended - Public Areas. * Also covered in Illinois Vehicle Code, Chapter 95.5-15109, Spilling Loads on Highways . The tracking of mud or foreign material from vehicles onto public streets is not specifically covered in the code. A procedure whereby the City cleans the right-of-way after mud is tracked into the street and bills the responsible person is also not documented. Therefore, a policy (copy attached) should be adopted by City Council action to provide the mechanism whereby the City can recover costs to clean a street. This action is in concert with weed cutting bills through BIS and our recent changes for -/ billing after special garbage clean-ups. When we must respond to a specific site with a street sweeper, our planned sweeping operations are adversely impacted, which we wish to avoid. The City's bill should, therefore, include an administrative fee (fine) to be charged to help deter repeat violations and to cover processing costs. FINANCIAL IMPACT: (Part A) None to the City. (Part B) This situation may be experienced a dozen times per year. Costs will vary, but could be on the magnitude of $2,500 per year. RECOMMENDATION: (Part A) It is recommended that the City Council approve the proposed Code amendments and direct the staff to place them on the Council Agenda for August 12, 1992. (Part B) It is recommended the City Council approve the policy procedure for cleaning/sweeping City streets and approve the ordinance amending Section 13.04 . 170 entitled "Deposits on Streets" (copy attached) . L. Ri City Manager do i►4.4-nrhmant