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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)