[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:
EXCAVATION
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.