(a) Any person performing or causing to be performed any excavation or fill shall, at such person’s own expense, provide the necessary means to prevent the movement of earth of the adjoining properties, to protect the improvements thereon, and to maintain the existing natural grade of adjoining properties.
(b) Any person performing or causing to be performed, any excavation or fill shall be responsible for the maintenance or restoration of street pavements, sidewalks, and curbs, and improvements of public utilities which may be affected. The maintenance or restoration of street pavements, sidewalks, and curbs shall be performed in accordance with the requirements of the city and the maintenance and restoration of improvements of public utilities shall be in conformity with the standards of the public utility companies affected. At cuts fronting any street, a suitable and adequate barrier shall be installed to provide protection to the public.
(c) Any person depositing or causing to be deposited, any silt or other debris in ditches, watercourses, drainage facilities, and public roadways, shall remove such silt or other debris. If such person shall fail, neglect, or refuse to comply with this section within 48 hours after written notice, served upon such person, either by mail or by personal service, the chief engineer may proceed to remove the silt and other debris or to take any other action the chief engineer deems appropriate. The costs incurred for any action taken by the chief engineer shall be payable by such person.
(d) At any stage of the grading, grubbing, or stockpiling work, if the chief engineer finds that further work as authorized by an existing permit is likely to create soil erosion problems or to endanger any life, limb, or property, the chief engineer may require safety precautions, which may include but shall not be limited to the construction of flatter exposed slopes, the construction of additional silting or sediment basins, drainage facilities, or benches; the removal of rocks, boulders, debris, and other dangerous objects which, if dislodged, are likely to cause injury or damage; the construction of fences or other suitable protective barriers; or may refer to the local soil and water conservation district for advice from the soil conservation service or other appropriate agencies on the planting or sodding of slopes and bare areas. All planted or sodded areas shall be maintained. An irrigation system or watering facilities may be required by the chief engineer.
(e) At any stage of the grading, grubbing, or stockpiling operations, if the chief engineer finds that further work as authorized by an existing permit is likely to create dust problems which may jeopardize health, property, or the public welfare, the chief engineer may require additional dust control precautions and, if these additional precautions are not effective in controlling dust, may stop all operations. These additional dust control measures may include such items as sprinkling water, applying mulch treated with bituminous material, or applying hydro mulch.
(f) Hillside lots shall be graded in such a manner that any parcels which may be created therefrom, including all separate building sites which may be contained within the parcels, can be satisfactorily graded and developed as individual building sites.
(Sec. 23-3.2, R.O. 1978 (1983 Ed.)) (1990 Code, Ch. 14, Art. 15, § 14-15.2)