1434.04  GRADING AND FILLING; DUTIES AND LIABILITIES; RETAINING WALLS.
   (a)   The owner or occupant of any lot or land may grade or improve the surface of the lot or land to correspond with the established grade of the abutting street or alley, without incurring liability, provided he or she gives the adjoining owner thirty days written notice of the proposed grading or improvement.  When any lot or land is so graded or improved, the owner of any adjoining lot or land shall, at his or her own expense, build such retaining walls or foundations as may be required to safely protect his or her land and the structures thereon.
   (b)   The owner or occupant of any lot or land who fills a lot so that the surface of the same shall be above the established grade of the abutting street or alley, and above the existing surface of any adjoining lot or land, shall, at his or her own expense, build such retaining walls as may be required to properly protect all adjoining property from damage on account of such fill.
   (c)   The owner of any lot or land who grades such lot or land so that the level of such lot or land is below the established grade of the street, streets, alley or alleys on which such lot or land abuts, shall, at his or her own expense, build such retaining walls as may be required to protect the adjoining property from damage because of such grading below such established grade or grades, and he or she shall give the owner of the adjoining lots or land which may be affected proper notice, by certified mail, before beginning such grading.
   (d)   Mortar in new walls shall be thoroughly set, or the walls shall be adequately braced or loaded before backfilling is commenced.  Grading and backfilling shall be done in a manner which will not cause injury to foundations walls.
(Ord. 42-1981.  Passed 2-23-81.)