(A) All sides of the excavated area shall be of no greater than one (1) foot vertical drop for each two (2) feet of horizontal distance to the maximum depth of the excavation as indicated on the approved plan. The excavation pit shall be enclosed by a fence at least six (6) feet high, which fence enclosure shall include a gate that shall be closed and locked at all times during which the excavation pit is not in use.
(B) Pits, quarries, artificial lakes or other uses of land excavated and designed to be left open upon completion, shall be excavated within the following setback lines, as measured from the right-of-way line to the top of the beginning of the slope and shall conform with the requirements of the State Department of Transportation requirements, if any, but not less than the following:
(1) One hundred and fifty (150) feet from the right-of-way line of any state or federal numbered highway;
(2) Fifty (50) feet from the right-if-way line of any other public street, road or highway;
(3) fifty (50) feet from side, rear or abutting property line; and
(4) Where the proposed excavation site abuts residentially zoned property, the setback from the abutting residential property line shall be one hundred and fifty (150) feet.
(C) Whenever the Public Works Director determines that the use of any city street, designated by the applicant for ingress and egress to and from the excavation site will be subject to excessive deterioration resulting in the breakdown of the subsurface and base of such street, the applicant shall be required to agree to maintain the street free from any safety hazards during the excavation operation, which hazards are caused by such operation and shall further agree that upon completion of the excavation operation he shall place the street in the same condition as it was prior to the beginning of the operation. In furtherance of this agreement, the excavator may be required by the City Manager to post an acceptable bond in the amount of one hundred percent (100%) of estimated reconditioning costs, as estimated by the Public Works Director, conditioned upon meeting the requirements of this division (C).
(D) Reclamation of the excavation pit is required at the termination of the project in order to prevent either soil erosion, adverse effects on city-maintained rights-of-way, or natural drainage pattern, or to protect the natural environment surrounding the excavation pit, or to protect the character and value of surrounding property. The City Council shall require an acceptable bond in the amount of the reclamation costs, which bond shall contain a condition that the excavation and reclamation shall be made in accordance with the plans as approved by the City Council.
(E) (1) Whenever any excavation is determined by the Planning and Development Director to be in violation of this chapter and where it is determined that such excavation constitutes a clear and present danger to the public, the Building Official shall direct the posting of a notice which shall read as follows:
“THIS PROPERTY IS UNSAFE AND ITS USE OR
OCCUPANCY HAS BEEN PROHIBITED BY THE
BUILDING OFFICIAL.”
OCCUPANCY HAS BEEN PROHIBITED BY THE
BUILDING OFFICIAL.”
(2) Such notice shall remain posted until the property has been brought into compliance with this chapter. It shall be unlawful for any person, firm or corporation or their agent to remove such notice without written permission from the Planning and Development Director, or for any person to enter the property except for the purpose of correcting this violation.
('74 Code, § 13½-5) (Ord. 89-11, passed 4-27-89)