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At least 30 days prior to beginning the excavation work, the owner of the property where the work is to be done shall notify the owners of adjacent properties and alderman of the ward in which the proposed excavation work is to be located of the anticipated starting date and three-dimensional measurement of the excavation work. The notice shall be in writing, and shall be delivered by certified mail, return receipt requested, or by personal delivery to the person entitled to receive the notice, accompanied by a receipt for delivery. When the notice is served by personal delivery, the owner of the property shall submit to the department of buildings a signed affidavit stating the date and time of the delivery and an explanation of how the notice was served. The receipt, affidavit and a copy of the notice shall be available for inspection at the excavation site.
(Added Coun. J. 12-15-99, p. 21407, § 1; Amend Coun. J. 9-14-05, p. 55258, § 1; Amend Coun. J. 11-8-12, p. 38872, § 230)
(a) If any portion of the excavation will be within five feet of any portion of a structure on the property of another, the owner of the property to be excavated or the person performing the excavation work shall reinforce or brace the neighboring structure in order to prevent sagging, settling, cracking or collapse of its foundation and walls. The owner of the property to be excavated shall be responsible for the cost of the reinforcement or bracing. The reinforcement or bracing shall be done in a manner consistent with the provisions of the building code and prescribed by the building commissioner in rules. The building commissioner shall give consideration to the nature of surrounding soil, the depth of excavation, the size of the affected structure and other factors that may be relevant to the appropriate reinforcement or bracing.
(b) If any portion of the excavation will be within five feet of any portion of the public way, the owner of the property to be excavated or the person performing the excavation work shall reinforce or brace that portion of the public way in order to prevent sagging, settling, cracking or collapse. The owner of the property to be excavated shall be responsible for the cost of the reinforcement or bracing.
(Added Coun. J. 12-15-99, p. 21407, § 1; Amend Coun. J. 3-5-03, p. 104990, § 28; Amend Coun. J. 11-13-07, p. 14999, Art. II, § 1)
The owner of the property where excavation takes place and the person performing the work shall be jointly and severally liable for any damage, death or injury caused by sagging, settling, cracking or collapse of the public way or of the foundation or walls of a structure located within five feet of the excavation, due to absent or insufficient reinforcement or bracing, or due to any other act or omission in the performance of the excavation. For purposes of this section, “damage” includes incidental costs such as salvage, relocation and temporary housing of occupants of damaged properties, as well as costs incurred by the city in responding to any sagging, settling, cracking or collapse so caused.
(Added Coun. J. 12-15-99, p. 21407, § 1; Amend Coun. J. 7-25-01, p. 64897, § 5)
No person shall undertake, continue or maintain any excavation within five feet of any walkway on public or private property without fencing the excavation site. Fencing shall be no less than four feet in height and adequately supported to prevent it from collapsing due to wind. No person shall remove or open a required fence except to allow necessary delivery and removal of materials, tools and equipment or passage of workers, inspectors or other persons whose presence is required at the site.
(Added Coun. J. 7-25-01, p. 64897, § 6)
No person shall begin or conduct any excavation within five feet of the public way, or within five feet of any portion of a structure located on the property of another, without maintaining in effect a commercial general liability insurance policy against all claims for damage, death and injury arising from the excavation. The policy shall be in an amount determined by the building commissioner, based on the size of the excavation and the proximity, construction and occupancy of structures on adjacent property. In no event shall the amount be less than $1,000,000.00 per occurrence for bodily injury, personal injury and property damage and the policy shall provide for 30 days' advance notice to the City of Chicago prior to cancellation or lapse of the policy. Proof of the required insurance shall be submitted as part of the application for the permit for the excavation and shall remain in full force and effect throughout the duration of the permit period.
(Added Coun. J. 12-15-99, p. 21407, § 1; Amend Coun. J. 7-25-01, p. 64897, § 7; Amend Coun. J. 3-5-03, p. 104990, § 28; Amend Coun. J. 11-13-07, p. 14999, Art. II, § 1; Amend Coun. J. 11-16-16, p. 37901, Art. II, § 47)
The building commissioner may issue rules and regulations for the administration and enforcement of this chapter, including defining acceptable techniques and materials for shoring and reinforcement of structures and the public way within five feet of excavation, and for fencing of excavation within five feet of any walkway. The rules may provide for delegation of enforcement authority to employees of any city department or agency, subject to approval of the mayor. No person shall perform any excavation work in violation of such rules and regulations.
(Added Coun. J. 12-15-99, p. 21407, § 1; Amend Coun. J. 7-25-01, p. 64897, § 8; Amend Coun. J. 3-5-03, p. 104990, § 28; Amend Coun. J. 11-13-07, p. 14999, Art. II, § 1)
(a) Any person who performs or authorizes excavation work in violation of this chapter shall be subject to a fine of not less than $1,000.00 and not more than $10,000.00 for each offense not resulting in the injury or death of a natural person. Each day of a continuing violation shall constitute a separate and distinct offense.
(b) Any person who performs or authorizes excavation work in violation of this chapter shall, if the violation results in the injury or death of a natural person, be guilty of a misdemeanor and shall be subject to incarceration for a period of not less than three months and not more than six months, plus a fine of not less than $10,000.00.
(c) In addition to the penalties set forth in subsections (a) and (b) of this section, the license of an excavator who violates any provision of this chapter or any regulation issued hereunder shall be revoked.
(Added Coun. J. 12-15-99, p. 21407, § 1; Amend Coun. J. 7-25-01, p. 64897, § 9)