For the purpose of this chapter, the following terms shall have the
meanings indicated:
ABANDONED EXCAVATION
Any excavation whether created in the course of a building operation
or otherwise and regardless of whether a building permit has been issued for
the same, which said excavation has remained in an open and unfinished condition
for a period of two weeks or more.
[Amended 10-2-2007 by L.L. No. 2-2007]
EXCAVATION
Any uncovered cutting, or cavity in the earth of any depth or size
created by the removal of earth, stone, topsoil or any other substance.
Any excavation which has been abandoned as herein defined shall be filled
in to the original level of the ground and any topsoil removed shall be replaced
by the owner or lessee of the property where such excavation exists.
Any cellar, basement, excavation or other opening over which a building
has heretofore been erected which shall have been demolished or razed by any
means whatsoever, shall be promptly filled to the natural grade of the adjoining
land with clean, nonburnable fill containing no garbage, refuse, offal or
any deleterious or unwholesome matter.
Every presently existing cellar, basement, excavation or other opening
which has been abandoned shall be immediately filled to the level of the adjoining
land with clean, common, nonburnable fill containing no garbage, refuse, offal
or any deleterious or unwholesome matter.
[Added 9-4-2001 by L.L. No. 2-2001]
Upon failure or neglect of any such owner of lands to comply with the provisions of Chapter
148 and upon the expiration of a five-day notice served upon such owner by said Village requiring compliance with Chapter
148 and said owner not having complied with such notice, the Village may, by its duly constituted officers, agents, representatives and servants, enter upon said premises and level and fill said property to the extent necessary to bring the property into compliance with Chapter
148. The Village will assess the expense thereof against said premises, to be collected, with interest, in the same manner as Village taxes. The mailing of such notice to a nonresident owner of lands within said Village addressed to his last known address shall be sufficient notice thereof.
[Amended 9-4-2001 by L.L. No. 2-2001]
Any such owner or lessee who fails to fill in such excavations and replace
any topsoil removed within 30 days after notice, in writing, shall be in violation
of this chapter and shall be liable to a fine and penalty of not less than
$100 nor more than $250 or by imprisonment for not more than 15 days for each
violation. Each day on which such violation continues shall constitute a separate
offense.