(a) Grading and Filling. The owner of any lot or land may grade or improve the surface of the lot or land to correspond with the established grade of the street, by filling the lot so the surface is above the established grade of the street or alley upon which the lot or land abuts or by grading the lot or land so the surface is below the established grade of the street or alley upon which a lot or land abuts provided approval is granted by the City Engineer. When the lot or land is so graded or improved, the owner shall, at his own expense, build retaining walls, foundations or swales as may be required by the City Engineer to safely protect his land, and any adjoining lots or structures erected thereon. Retaining walls shall comply with the requirements of Section 1341.03
and 1341.01
(b)(3).
(b) Excavations.
(1) The owner of any lot or land performing any excavation shall, at his own expense, properly guard and protect the same to prevent the excavation from being or becoming dangerous to life, limb or property. Excavations shall conform to all applicable requirements of OSHA Codes for excavations.
(2) Any person making an excavation below the established grade shall take measures to prevent the adjoining soil from falling in.
(3) When a permanent excavation is made on any lot, the person or persons making the excavation shall build a retaining wall to give lateral support to the earth. The retaining wall shall be carried to the height of the established grade and be properly protected by a coping and a guardrail. Guardrails are not required when the height difference between corresponding grades is less than 30 inches. Guardrails shall be a minimum of 42 inches high with intermediate rails spaced so as not to allow the passage of a four inch sphere. Guardrails shall be designed and constructed for a concentrated load of 200 pounds applied at any point and in any direction along the top railing member.
(c) Right of Entry for Adjoining Owners.
(1) If anyone performing work required under this section is refused the right to enter upon the land where an excavation is being made, as far as may be required to perform the work, the person making the excavation shall build foundations as required to make the wall or structure as safe as before such excavation was commenced.
(2) If permission to enter the adjoining building or upon the adjoining land, to perform work required under this section is not accorded the person making the excavation, the owner refusing to grant permission shall make the adjoining or contiguous wall or structure safe, support it without delay by proper foundations, or take other required precautions so the excavation may be made. When necessary for that purpose, the adjoining owner shall be permitted to enter upon the premises where the excavation is being made.
(3) In the conditions stated in subsections (a) or (b) hereof, the person accorded the right of entry shall perform the necessary work as promptly as possible with the least reasonable inconvenience to the grantor of the right.
(d) Emergency Precautions. If the person, whose duty it is to preserve or protect any wall or structure from injury, fails to do so after receiving notice, the Chief Building Official may enter the premises and employ labor, furnish material and take steps as, in his judgment, are necessary to make the premises safe, or to prevent the premises from becoming unsafe or dangerous, at the expense of the person whose duty it is to keep the same safe.
The party doing the work, or any part thereof, under direction of the Chief Building Official, may bring and maintain an action against the person whose duty it is to perform such work, to recover the value of the work done and the materials furnished in and about the premises in the same manner as if employed to do the work by the responsible person.
(e) Compliance Required. All grading, excavating or filling operations shall comply with applicable rules and regulations of other departments and agencies, and with other ordinances or laws pertaining thereto. (Ord. 142-96. Passed 9-23-96.)