(a) General Regulations.
(1) The person causing any excavation to be made shall prevent the movement of the earth of adjoining properties and the trees and natural objects thereon or therein, and shall be responsible for maintaining or restoring public sidewalks, curbs, pavements and the properties of public utilities which may be affected by the excavation.
(2) The maintenance or restoration of public sidewalks, curbs and pavements shall be performed in accordance with regulations of the Department of Service, and the maintenance or restoration of the property of public utilities shall be in accordance with the procedure of the owners thereof.
(b) Permanent Excavations.
(1) Permanent excavations shall be protected by permanent means where necessary to prevent the movement of the earth adjoining properties. Such protection shall be provided by the person causing the excavation to be made and shall be on the property and at the expense of such person.
(2) When deemed necessary for public safety by the Director of Service for permanent excavations not otherwise protected, such protection shall include the construction of a substantial barricade or fence not less than six feet in height enclosing the excavated area.
(c) Drainage.
(1) Whenever the surface of a lot or plot is excavated, filled or graded, positive drainage shall be provided so that a nuisance will not be created. Catch basins or properly connected underdrains shall be installed or other approved provisions made, where water may pocket, to preclude the accumulation of surface water. Surface water shall not be drained other than by natural drainage onto adjacent properties not in the same ownership without written permission from the owner of the adjacent property, and existing natural ground drainage of the ground area surrounding the lot or plot excavated, filled or graded shall not be impeded.
(2) No condition shall be created, nor any existing condition maintained, whereby there will be upon any lot or plot excavation, depressions, pits, holes, gullies or similar depressions which may accumulate and retain surface water and which may become a public hazard or nuisance. Any such condition shall be promptly abated and protected by filling or by providing positive drainage and, where necessary, by the erection of a barricade or fence.
(3) All garages, either newly constructed or reconstructed, shall be equipped with gutters and downspouts and such downspouts shall be connected to the storm drains on the premises whereon such garages are located. (See Chapter 1466.) If sections of driveways, patios or other construction, excluding landscaping, must be removed and then replaced in order to comply with Chapter 1466, then the storm water flow from garage downspouts may be directed to flow into a driveway drain, or if the grade of such driveway is such that water would flow to the street, then such downspouts may be directed to permit the water to flow down the drive, provided such driveway is so constructed that the flow of water will not run off on the adjacent property of another. No permit for garage construction or reconstruction shall be issued unless the application for such construction or reconstruction includes the installation of gutters and downspouts.
(Ord. 1964-150. Passed 6-16-65.)