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
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Passed: April 2, 1997
Approved: Apri 1 2. 1997
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