1434.05  EXCAVATIONS BELOW GRADE; NOTICE TO ADJOINING OWNERS; DUTY TO SUPPORT ADJOINING STRUCTURES; RETAINING WALLS.
   (a)   Any person making any excavations shall, at his or her own expense, properly guard and protect the same so as to prevent the excavation from being or becoming dangerous to life, limb or property.
   (b)   Any person making any excavation below the established grade shall prevent the adjoining soil from falling in.
   (c)   When any excavation extends to a depth of nine feet or less below the established grade, the owner of any adjoining or contiguous wall or structure which may be affected by such excavation shall reinforce and support the same by proper foundations so that it shall be and remain as safe as before the excavation was commenced.
   (d)   When an excavation extends to a depth of more than nine feet below the established grade, the foundations of all adjoining buildings shall be extended to the full depth of nine feet by the owner thereof, as provided in subsection (c) hereof.  The person causing such excavation to be made shall, at his or her own expense, preserve any adjoining or contiguous wall or structure from injury due to that part of the excavation which is more than nine feet below the established grade, and support the same by proper foundations, so that the wall or structure shall be and remain as safe as before the excavation was commenced.
   (e)   An excavation may be made, with proper precautions, to the full depth of any existing foundation on an adjoining lot without liability attaching to the person making such excavation.
   (f)   In all cases where excavating is proposed, the owner of all buildings or structures which may be affected by such excavating shall be notified, in writing, by the person who proposes to excavate, at least thirty days before commencing work.
   (g)   When a permanent excavation is made on any lot, the person causing such excavation to be made shall build a retaining wall to give lateral support to the earth, and such retaining wall shall be carried to the height of the established grade and be properly protected by a coping and a substantial railing three feet, six inches high, with not less than one intermediate rail.  The person making such excavation shall build the retaining wall at his or her own expense, except when the excavation extends to a building and is protected thereby and as specifically provided for along lot lines in subsection (c) hereof.
   (h)   The above provisions are enacted for the protection of the public and the builder, and the enforcement of such provisions shall be by civil action. 
(Ord. 42-1981.  Passed 2-23-81.)