3.3.207: PROTECTION OF ADJOINING PROPERTY:
   A.   All excavators shall at all times, and at their own expense, preserve and protect from injury to adjoining property by providing proper foundations and taking other measures suitable for the purpose. Where in the protection of the property it is necessary to enter upon private property for the purpose of taking appropriate protective measures, the excavator shall obtain written permission from the owner of the private property prior to entering.
   B.   The excavator shall, at its own expense, shore up and protect all buildings, walls, fences, utility lines or other property that may be damaged during the progress of the excavation work and shall be responsible for all damage to public or private property or highways resulting from its failure properly to protect and carry out the work. Whenever it may be necessary for the excavator to trench through any lawn area, the area shall be reseeded or the sod shall be carefully cut and rolled and replaced after ditches have been backfilled as required. All construction and maintenance work shall be done in a manner calculated to leave the lawn area clean of earth and debris and in a condition as nearly as possible to that which existed before the work began.
   C.   The excavator shall not remove, even temporarily, any trees or shrubs which exist in parking strip areas without first obtaining the consent of the appropriate City department or official having control of the property and the City Forester.
   D.   Nothing in this part shall be construed as a waiver of the City's immunities under the Governmental Immunity Act or other law. (1968 Code §10-109; Ord. 74-56; Ord. 85-214; Ord. 01-42)