1323.10 PROTECTION AGAINST EROSION.
   All excavations and fills shall be performed so as to minimize soil erosion and sedimentation.
   (a)   Backfilling. Backfilling and related work shall be so done and the quality of the materials used shall be such as to prevent the movement of the earth of adjoining properties or the subsequent caving-in of backfilled areas. Backfilling shall not be done until retaining walls, foundation walls or other construction against which backfill is placed are in suitable condition to resist lateral pressure. No backfilling shall be done by methods which may cause dislodgement of any retaining wall or other permanent structure.
   (b)   Nuisances to be Abated. No condition shall be created, or any existing condition maintained, whereby there will be upon any lot or plot excavations, depressions, pits, holes, gullies or similar depressions which may accumulate and retain surface water and which may become a public hazard or nuisance. Any such condition shall be promptly abated and protected by filling or by providing positive drainage and, where necessary, by the erection of a barricade, fence and warning lights.
   (c)   Grading or Filling. When a lot or plot is graded to a higher or lower finished grade level than the established grade on an adjacent developed property, the owner of such lot or plot shall provide a suitable retaining wall or walls, or other approved protection, on his own property to protect the adjacent property from caving of earth and as required to maintain the existing established grade of such adjacent property.
   (d)   Action in the Event of Failure. In the event the person whose duty it is, under the provisions of this Chapter, to make safe an excavation, to prevent movement of adjoining earth or to maintain, support or protect adjoining buildings or other structures shall neglect or fail to do so, the Director of Public Service or the Building Inspector shall notify such person, in writing, of his duties under the provisions of this Chapter. If such person shall fail to perform the duty required by this Chapter within such reasonable time after receipt of such notice as may be allowed by the Director of Public Service or the Building Inspector, the Director of Public Service or the Building Inspector may cause or order such work to be done as he may deem necessary to make safe such excavation, property, building or other structure.
      (Ord. 1947-58. Passed 11-17-58)