(a) Whenever the City Engineer determines that any existing excavation, fill, slope or other condition has become a hazard or endangers the public health, safety or any public or private property or adversely affects the safety, usability or stability of any public way or drainage channel or has caused detrimental erosion or sedimentation, he shall order the owner or person in control of the property on which such condition exists to correct the condition. The owner or person in control of the property, upon receipt of the order of the City Engineer shall, within ten days, apply for and obtain a permit and promptly proceed to correct the condition creating such hazard conditions shall be started and completed within a reasonable length of time to be specified by the City Engineer.
(b) In case the owner, agent or person in control cannot be found within the stated time limit, or if such owner, agent or person in control cannot be found within the stated time limit, or if such owner, agent or person in control shall fail, neglect, or refuse to comply with notice to correct the condition, the City Engineer after having ascertained the cost, shall cause such excavation, fill, slope or other condition to be corrected.
(c) The decision of the City Engineer shall be final in cases of emergency which, in his opinion, involve imminent danger to human life or health. He shall promptly cause such excavation, fill, slope or other condition to be made safe. For this purpose, he may at once enter the land on which it stands, or abutting land or structure, with such assistance and at such cost as he may deem necessary. He may vacate adjacent structures and protect the public by appropriate fence or such other means as may be necessary, and for this purpose may close a public or private way.
(d) Costs incurred under subsections (b) and (c) hereof shall be paid out of the City Treasury on certificate of the City Engineer. Such costs shall be charged to the owner of the premises involved and shall be collected via a civil proceeding.
(Ord. 28-1992. Passed 12-21-92.)