(A) The existence within the limits of the city of any unprotected, unbarricaded, open or dangerous excavations, holes, pits or wells which constitute a hazard to the public health, safety or welfare, is hereby prohibited and such excavations, holes, pits or wells are hereby declared a public nuisance. However, the provisions of this section shall not prevent excavations for which a permit has been issued pursuant to the provisions of this chapter or Ch. 154 where such excavations are properly protected and, provided further, that this section shall not apply to drains created or existing by authority of the state, St. Clair County, Macomb County, the city or other governmental agencies.
(B) When the Chief of Police shall determine a nuisance to exist as herein defined, he or she shall notify the owner or lessee as shown on the latest tax rolls in writing of such finding and require the owner or lessee to abate such nuisance within a reasonable time, in no event less than 30 days. In the event the property owner or lessee fails to abate such nuisance without just cause, then the City Council, after hearing, may abate such nuisance and the cost or reasonable value of such work shall be placed as an assessment against said property on the next assessment roll.
(1979 Code, § 5.415) (Ord. 96, passed 5-5-1987) Penalty, see § 152.99