No person shall excavate sand, fill, gravel or other earth substance for commercial purposes from any property within the city unless the person shall have secured a permit from the Board of Public Works and Safety of the city. However, no permit will be required in either of the following cases.
(A) The excavation is made for the purpose of erecting a structure or building.
(B) The excavation does not go below the grade of the adjacent or nearest city street.
(Prior Code, § 152.01) Penalty, see § 10.99