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Where a man-made excavation is filled with water so that the area of the surface of such water exceeds one acre and the nature of the excavation and water is such as to constitute an artificial lake, a fence or barrier is not required by this chapter at any portion of the boundary of such excavation where:
A. The edge of the excavation is not more than one foot above the surface, or at no place is the slope to the water greater than one foot vertical to four feet horizontal;
B. The slope in the water is not greater than one foot vertical to four feet horizontal to a depth of five feet.
(Prior code § 9.36.080 (Ord. 388 Art. 2, § 5, 1954))
A. Whenever any person fails or refuses to perform any act required by Sections 8.32.020 or 8.32.040, the chief of police shall serve upon such person in the manner required by law for the service of summons, a notice in writing requiring that such person, within ten days after the service of such notice, shall either comply with this chapter or, if such person is of the opinion that this chapter does not require him to comply with such notice, file a protest in writing with the city council.
B. If any such person cannot be found, the chief of police shall post such notice in a conspicuous place at or near the excavation, sump, cellar or ditch.
C. Compliance with this section is not a condition precedent to a criminal prosecution for a violation of any provision of this chapter.
(Prior code § 9.36.090 (Ord. 388 Art. 2, § 6, 1954))
A. Upon filing of any protest, the city council may adopt an order that the person protesting is not required to comply. If the city council does not adopt such an order it shall notify such person in writing not less than five days prior thereto, of the time and place of, and shall hold, a public hearing to determine what acts, if any, Sections 8.32.020 through 8.32.070 require the person filing such protest to perform.
(Prior code §§ 9.36.100, 9.36.110 (Ord. 388 Art. 3, 1954))
A. If a person is notified as provided in Section 8.32.070 to comply with Sections 8.32.020 through 8.32.070, and neither complies nor protests within the ten days provided for, or if a person protests and the city council decides that such person should perform certain work and for ten days after notice of such decision does not do so, the city shall cause the work to be performed at city expense.
B. The street superintendent shall keep an account of the cost of all work performed at city expense pursuant to this chapter and shall render an itemized report to the city council showing the cost of protecting each separate excavation, sump, cellar or ditch, upon each separate parcel of land.
C. Before the report is submitted to the city council, a copy of it shall be posted for at least three days on or near the chamber door of the council with a notice of the time when the report will be submitted to the council for confirmation.
D. A postcard notice of the time and place of the submission of the report for confirmation, stating generally the nature of the report, shall be mailed by the council to the owners of the parcels who have filed with the council a written request for postcard notice within one year prior to the date of mailing the notice, at least seven days prior to the date of submission for confirmation.
(Prior code §§ 9.36.120 -- 9.36.150 (Ord. 388 Art. 4, 1954))
A. At the time fixed for receiving and considering the report, the city council shall hear it and any objections of any property owners liable to be assessed for the work of protection.
B. Thereupon the council may make such modifications in the report as it deems necessary, after which, by order or resolution, the report shall be confirmed.
C. The amounts of the costs for the protection work upon the various parcels of land mentioned in the report as confirmed shall constitute liens on such parcels for the amount expended thereon by the city.
(Prior code § 9.36.160 (Ord. 388 Art. 5, 1954))
A. The city council shall record a certified copy of the report in the office of the county recorder.
B. The city may bring appropriate actions in courts of competent jurisdiction to collect any amounts due for work of protecting excavations performed by the city and to foreclose liens for such amounts.
(Prior code §§ 9.36.170, 9.36.180 (Ord. 388 Art. 6, 1954))
The penalty for the violation of any of the provisions of this chapter shall be as prescribed in Chapter 1.16.
(Ord. 586 § D (part), 1966: prior code § 9.36.190 (Ord. 388 Art. 1, § 6, 1954))