Sec. 23-151. Duty to prevent deposit of sediment or other materials in road right-of-way

It shall be the duty of the owner or lessor of any real property, improved or unimproved, unless such duty has been delegated to a lessee in actual possession, as the case may be, to prevent the deposit of dirt, sediment, debris, gravel, oil, litter, or any other matter, including portable storage containers in a road right-of-way, or in any drain or ditch designed to carry surface water from a road right-of-way, whether improved or not. For the purpose of this Section, the deposit of oil shall include the drainage or leakage of oil, transmission fluid, antifreeze, and similar substances from a vehicle or machine in addition to the discharge or dumping of such substances by any other means. The prevention of the deposit of silt in the road right-of-way shall not apply where a temporary approved sediment trapping device has been constructed in the right-of-way as part of an ongoing development construction project. It shall also be the responsibility of said person to prevent the formation of algae on sidewalks located within the right-of-way.

Any person primarily responsible for the said duty will be required to correct any cited condition within the date of written notice by the Department or immediately if the condition cited is determined hazardous. Noncompliance on the part of the responsible person within the required time will result in correction or removal of the cited condition by the County, and all costs therefor shall be billed to the responsible person. Failure to pay any cost incurred by the County within thirty (30) days of the billing date shall result in a tax lien being placed against the affected property in accordance with the provisions of this Subtitle.

Any person primarily responsible for the deposition of dirt, sediment, debris, gravel, oil, litter, or other foreign matter, including portable storage containers into a public right-of-way shall be subject to a civil fine not to exceed One Thousand Dollars ($1,000.00) for each separate offense. The procedures of Subdivision 1, Division 3, Subtitle 28 of this Code shall apply. In addition, any person responsible for a violation of this Section may also be subject to the following criminal penalties:

In addition to the sentences provided by this Section, a court may order the violator to:

The placement of personal property in the right-of-way as the result of an eviction from a single family rental facility as defined in Section 13-138 of the Code, shall not be subject to the prohibitions of this Section.