(a) When any excavation or cut is, or in the course of operations can be reasonably expected to attain, a depth exceeding ten feet below the original ground level, and the steepness of the slope adjacent to the original ground line at the top of the incline exceeds a ratio of 1 to 1.5 slope, then such excavation or cut is hereby declared to be unsafe, menacing and dangerous to life and limb.
(b) Whenever such excavation or cut exceeds the standard set forth in subsection (a) hereof, the Safety Director shall order the owner, tenant or operator, in writing by registered or certified mail, to erect a protective seven-foot chain link type fence as hereinafter set forth or to construct horizontal benches as hereinafter set forth:
(1) Each such protective fence shall be installed on a horizontal offset of at least five feet from the top of the excavation or cut.
(2) Each such fence shall project at least ten feet beyond each end of the hazardous incline.
(3) Each end of such fence shall diverge from the length of the run so as to intersect the tip of the incline of the excavation or cut so as to prevent unauthorized persons from traversing the area between the fence and the top of such excavation or cut.
(c) In lieu of installing a protective fence, such owner, tenant or operator may incorporate the use of horizontal benches in such hazardous slope, at intervals in vertical height of every ten feet.
(1) Each such horizontal bench shall project at least ten feet beyond each end of such hazardous incline.
(2) Each such horizontal bench shall have a horizontal width of at least five feet normal to the length of run of the bench.
(3) Both ends of the run of each horizontal bench shall merge gradually into the slope of the excavation or cut so as to avoid the creation of additional hazardous inclines.
(4) The surface of each bench shall have a slight pitch towards the slope immediately above, thereby serving as an intercepting drainage ditch for surface waters.
(5) When horizontal benches are used, a drainage intercepting ditch shall be constructed at the top of such excavation or cut, so as to divert the flow of surface waters away from such excavation or cut.
(d) Temporary excavations or cuts which shall be in existence for less than one month shall require the installation of a temporary snow fence at the top of such excavation or cut, in lieu of the foregoing provisions. Applications for such provision shall be made to the Director.
(e) All owners, tenants or operators within the City, on whose property hazardous excavations and cuts exist prior to the effetive date of this section (Ordinance 83-1965, passed August 23, 1965) shall be notified of the provisions of this section, in writing by registered or certified mail, by the Safety Director. Upon receipt of such notice, all such owners, tenants or operators shall comply with the provisions of this section within six months from the date of receipt of such notice. Upon failure to comply at the end of such six-month period, the Safety Director shall then order such party, in writing by registered or certified mail, to comply herewith in the manner set forth in subsection (b) hereof.
(f) All appeals and requests for waivers of any of the foregoing provisions shall be made to Council, in writing, and shall be accompanied by supporting evidence. The granting of any appeal or waiver shall be by resolution of Council, concurred in by three-fourths of the members elected to Council.
(g) Any owner, operator or tenant that fails to comply with the order of the Safety Director within a period of thirty days after receipt thereof shall be subject to the penalty provided in Section 925.99.
(h) It is the purpose and intent of this section that it shall apply to excavations made where not covered by the Building Code or general ordinance relative to excavations on streets and public grounds, and it is further the intent of this section to supplement the provisions of the Building Code and the general ordinance relating to excavations on streets and public grounds, and that if any provision of this section shall be held invalid or ineffective, in whole or in part, or inapplicable to any person, firm, corporation or situation, it is the purpose and intent that all other provisions thereof shall be separately and fully effective and that the application of any such provision to other persons, firms, corporations or situations shall not be affected. (Ord. 83-1965. Passed 8-23-65.)