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HomeMy WebLinkAboutOrdinances - MC-97-671 - 04/02/1997 - Sect 14-21 street main during constructionORDINANCE NO. MC 97-671 An Ordinance Amending the City of [McHenry Municipal Code to Add Section 14-21, Maintenance of Streets During Construction BE IT ORDAINED by the CITY COUNCIL of the CITY OF McHENRY, McHenry County, Illinois, as follows: SECTION 1: That the City of McHenry Municipal Code shall be amended to add Section 14-21, which shall read as follows: Sec. 14-21. Maintenance of streets during construction. The owner, developer and general contractor ("Responsible Parties") of each subdivision under construction shall have the following duties, the violation of which they shall be jointly and severally liable: (a) The Responsible Parties shall keep and maintain the streets and ways in and around the subdivision clean and free from all dirt, mud, construction material and other debris during the period of construction. (b) The Responsible Parties shall scrape each street every day during the period of construction, and shall sweep or cause the streets to be swept once every week. In addition to the foregoing, the Responsible Parties shall be required to scrape, sweep or remove debris from the streets as from time to time directed by the Department of Public Works, the Mayor or the City Engineer. (c) The duties imposed by this Section 14-21 shall apply to all streets within the subdivision, all streets designated as construction traffic routes and all perimeter streets .or streets adjacent to the subdivision. (d) The Responsible Parties violating any provision of this Section 14-21 shall be subject to one or more of the following penalties, said penalties being cumulative and in addition to any other penalties that may be imposed: 1. A fine of not less than $750.00 for each offense plus the City's cost of prosecution, including attorneys fees, incurred by the City. Each day that a violation continues shall be considered a separate offense. 2. The City may undertake the necessary cleaning as required herein and then assess the costs and expenses for such cleaning, including reasonable attorneys' fees incurred by the City, against the Street Maintenance, Page 1. Responsible Parties for violating this Section 14- 21 and may take action against the performance or construction bond or letter of credit for payment thereof. 3. "Stop Work Orders" for the :subdivision may be issued by the City until the :Responsible Parties comply with the requirements of the ordinance. No work shall be done in the subdivision while the stop work order is in effect. 4. The City may withhold the issuance of Certificates of Occupancy for all residences within the subdivi- sion until the Responsible Parties comply with the requirements of this Section 14-21. SECTION 2: If any section, paragraph, subdivision, clause, sentence or provision of this Ordinance shall be adjudged by any Court of competent jurisdiction to be invalid, such judgment shall not affect, impair, invalidate or nullify the remainder thereof, which remainder shall remain and continue in full force and effect. SECTION 3: All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict. SECTION 4: This Ordinance shall be in full force and effect upon its passage, approval and publication in pamphlet form (which publication is hereby authorized) as provided by law. Voting Aye: Bolger, Bates, Lawson, Baird. Voting Nay: None. Absent: Locke. Abstain: None. APPROV G ��or Steven J. Cuda (SEAL) — � ATTESTc�Cit lerk mela J..., thoff Passed: April 2, 1997 Approved: Apri 1 2. 1997 Street Maintenance, Page ;Z