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When the safety of adjoining buildings or other structures may be affected by a proposed excavation, the owners of such adjoining buildings or other structures shall be notified not less than ten days before such excavating is commenced by the person proposing to do such excavating. Such notice shall be in writing and shall state the depth and location of the proposed excavation.
(Ord. 1956-88. Passed 10-1-56.)
(Ord. 1956-88. Passed 10-1-56.)
When any proposed excavation may, because of location, site conditions or method of excavation, affect the existing condition of adjoining buildings or other structures, the owners of such adjoining buildings or structures shall grant the person proposing to do such excavating, permission to enter their properties for the purpose of physical examination of their properties prior to the commencement of excavating, and at reasonable periods thereafter during the progress of the excavating work.
(Ord. 1956-88. Passed 10-1-56.)
(Ord. 1956-88. Passed 10-1-56.)
(a) Excavations Not More Than Nine Feet Below Grade Level. When an excavation extends nine feet or less below the grade level nearest the point of excavation under consideration, the owner of any existing building or other structure, the safety of which may be affected by the excavation, shall be granted permission to enter the premises where the excavation is to be made and, at his own expense, shall maintain, support and protect his building or other structure. "Grade level" as used herein, is the same as defined in the Zoning Ordinance.
(b) Excavations More Than Nine Feet Below Grade Level. When an excavation extends more than nine feet below the grade level nearest the point of excavation under consideration, the one causing the excavation to be made, if granted permission to enter the adjoining premises, shall, at his own expense, maintain, support and protect any existing building or other structure, the safety of which may be affected by that part of the excavation which extends to a depth greater than nine feet below the grade level nearest the point of excavation under consideration, whether or not the existing building or other structure extends to a depth of nine feet or more below grade level. If the necessary permission is not granted to the person causing such excavations to be made, it shall be the duty of the owner of the building or other structure to provide such necessary support and protection and such owner shall, if necessary, be granted permission to enter the premises where the excavation is to be made.
(c) Support of Party Walls. A party wall, the safety of which may be affected by an excavation, shall be maintained, supported and protected at the expense of the person causing the excavation to be made.
(Ord. 1956-88. Passed 10-1-56.)
(Ord. 1956-88. Passed 10-1-56.)
(a) If the person causing an excavation to be made is granted requested permission to enter adjoining premises for the purpose of supporting the adjoining property, or for the purpose of supporting or protecting adjoining buildings or other structures, he shall provide adequate protection for such adjoining premises, buildings or other structures against damage resulting from his operations. If such permission is not granted, the owner of such adjoining premises, building or other structure shall be responsible for its maintenance, support or protection at his own expense, and for that purpose he shall be granted permission to enter the premises where the excavation is to be, or is, made.
(b) In every case the person granted the right of entry upon adjacent property shall perform the necessary work as expeditiously as possible and with the least reasonable inconvenience and without injury to the person permitting such entry.
(Ord. 1956-88. Passed 10-1-56.)
(Ord. 1956-88. Passed 10-1-56.)
If the person whose duty it is, under the provisions of this chapter, to make safe an excavation, to prevent movement of adjoining earth or to maintain, support or protect adjoining buildings or other structures shall neglect or fail to do so, the Commissioner of Buildings shall notify such person in writing of his duties under the provisions of this Building Code. If such person shall fail to perform the duty required by this Code within such reasonable time after receipt of such notice as may be allowed by the Commissioner of Buildings, the Commissioner of Buildings may cause or order such work to be done as he may deem necessary to make safe such excavation, property, building or other structure as provided under applicable provisions of this Building Code.
(Ord. 1956-88. Passed 10-1-56.)
(Ord. 1956-88. Passed 10-1-56.)
Backfilling and related work shall be so done, and the quality of the materials used shall be such as to prevent the movement of the earth of adjoining properties or the subsequent caving-in of backfilled areas. Backfilling shall not be done until retaining walls, foundation walls or other construction against which backfill is placed are in suitable condition to resist lateral pressure. No backfilling shall be done by methods which may cause dislodgment of any retaining wall or other permanent structure.
(Ord. 1956-88. Passed 10-1-56.)
(Ord. 1956-88. Passed 10-1-56.)
Whoever violates or fails to comply with any of the provisions of this chapter is guilty of a misdemeanor of the fourth degree and shall be fined not more than two hundred fifty dollars ($250.00) or imprisoned not more than thirty days, or both, for each offense. A separate offense shall be deemed committed each day during or on which a violation or noncompliance occurs or continues.