[HISTORY: Derived from the Charter and Ordinances, 1974, of the City of Buffalo as indicated in article histories. Amendments noted where applicable.]
[Derived from Sec. 57 of Ch. IV of the Charter and Ordinances, 1974]
The existence upon any lands in the City of any quarry, pit or excavation of such size, depth and character as to be dangerous to the public or to persons while upon such premises or in the vicinity thereof is hereby declared to be a nuisance.
No owner of any land shall maintain or permit to exist thereon any such quarry, pit or excavation without enclosing the same with a fence of a size and character sufficient to prevent the access of children thereto and without posting in conspicuous places on each side thereof signs forbidding any person to enter upon such premises.
Any person who violates any provisions of this article shall be liable to a fine or penalty for each offense.
[Amended 12-9-2003, effective 12-19-2003]
The Commissioner of Permit and Inspection Services is hereby authorized to serve a written notice, in the manner provided by Section 28-7 of the Charter, upon the owner of any land upon which a quarry, pit or excavation exists in violation of this article, requiring such owner to fill the same or to fence or post it as hereunder required within 10 days after the service of such notice. If such owner fails to comply with the requirements of such notice, the Commissioner of Permit and Inspection Services shall report such failure to the Common Council, and it may direct him to cause such work to be done, and the expense thereof may be recovered by action, or the Common Council may direct the expense thereof to be assessed against the property and collected in the manner provided by the Charter.
As used in this article, the following terms shall have the meanings indicated:
- Includes in its meaning an outdoor swimming pool placed, maintained or existing on private premises.
[Derived from Sec. 49 of Ch. IV of the Charter and Ordinances, 1974]
No person shall draw or haul through the streets of the City any excavated material without first having obtained a permit therefor from the Commissioner of Public Works and having paid for such permit a fee as provided in Chapter 175, Fees. The application for such permit shall specify the place from and to and the route over which said materials are to be hauled.
All vehicles used for such purpose shall be so constructed and so loaded that no such material shall be spilled or scattered along said route or allowed to fall upon and remain upon any public street or grounds, creating a hazard or obstruction to the users thereof.
Any person violating any provision of this article shall be liable, in addition to a fine or penalty, for damages to the City for the expense of removing any material so spilled upon the street surfaces and of cleaning such surfaces.