[HISTORY: Adopted by the Common Council of the City of Cortland 8-5-1969 as Ch. 12, Art. IV, of the 1969 Code of Ordinances. Amendments noted where applicable.]
No excavation in the City shall remain open for a period of more than 60 days. Where an excavation is dug for the purpose of constructing a cellar, it shall be the responsibility of the owner of the property in which such excavation is situate that such cellar and its covering be completed within 60 days of the date such excavation is commenced; or in the alternative such owner shall either fill in such excavation to the level of the surrounding ground or cause a sturdy and substantial fence to be built around such excavation. In any event no such excavation shall remain open, even if fenced, for a period of more than six months.
Authority. In the event of any violation of this chapter, the City Assessor shall promptly cause such excavation to be filled or fenced in compliance with § 127-1. For this purpose, he may at once enter such land and incur such costs as may be necessary to fill or fence such excavation and may hire a contractor or other assistance as he in his sole discretion deems necessary.
Costs. Costs incurred under this section shall be paid out of the City Treasury on certificate of the Assessor. Such costs shall be charged to the owner of the premises involved and shall be assessed and collected in the same manner as the assessment and collection of real property taxes, with the same interest and penalties, as provided in the Charter of the City.
Any violation of this chapter shall constitute a violation of the Code of the City of Cortland and shall be punished by a fine not exceeding $500. Each separate thirty-day period that the violation continues to exist shall constitute a separate violation.