A.Â
Safeguarding generally. Until provisions for permanent support have
been made, all excavations shall be properly guarded and protected
by the person causing the excavation to be made so as to prevent the
same from becoming dangerous to life or limb and shall be sheet-piled,
braced or shored, where necessary, to prevent the adjoining earth
from caving in.
B.Â
Support of neighboring walls.
(1)Â
When the excavation exceeds 10 feet. Whenever an excavation is intended
to be, or shall be, carried to the depth of more than 10 feet below
the curb, the person causing such excavation to be made shall at all
times, if afforded the necessary license to enter upon the adjoining
land, and not otherwise, at his own expense, preserve and protect
from injury any wall, building or structure, the safety of which may
be affected by said excavation, and support the same by proper foundations,
whether said wall, building or structure is down more or less than
10 feet below the curb. If the necessary license is not accorded to
the person making such excavation, then it shall be the duty of the
owner refusing to grant such license to make such wall, building or
structure safe and to support the same by proper foundations; and,
when necessary for that purpose, such owner shall be permitted to
enter upon the premises where such excavation is to be made.
(2)Â
When the excavation does not exceed 10 feet. If such excavation is
not intended to be, or shall not be, carried to a depth of more than
10 feet below the curb, the owner of any wall, building or structure,
the safety of which may be affected by said excavation, shall preserve
and protect the same from injury and support the same by proper foundations
and, when necessary for that purpose, shall be permitted to enter
upon the premises where such excavation is to be made. In case such
wall, building or structure, however, is so located that the curb
to which it is properly referred is at a higher level than the curb
to which the excavation is referred, such part of any necessary underpinning
or foundation as may be due to the difference in curb levels shall
be made and maintained at the joint expense of the person causing
the excavation to be made and the owner of such wall, building or
structure.
C.Â
Support of party wall. In case an adjoining party wall is intended
to be used by the person causing the excavation to be made and such
party wall is in good condition and sufficient for the uses of the
existing and proposed buildings, the person causing the excavation
to be made shall, at his own expense, preserve such party wall from
injury and support the same by proper foundations, so that said party
wall shall be and remain practically as safe as before the excavation
was commenced.
D.Â
Superintendent of Buildings may act. If the person whose duty it
shall be under the provisions of this chapter to properly guard and
protect an excavation, or to prevent adjoining earth from caving in
or to preserve or protect any wall, building or structure from injury,
shall neglect or fail to do so after having had a notice of 24 hours
from the Superintendent of Buildings, such Superintendent may enter
upon the premises and employ such labor, and furnish such materials
and take such steps as, in his judgment, may be necessary to prevent
the same from becoming unsafe or dangerous, at the expense of the
person whose duty it is to keep the same safe and secure. The Village
of Malverne or any person doing the work, or any part thereof, under
and by direction of the Superintendent of Buildings, may bring and
maintain an action against the person last herein referred to, to
recover the value of the work done and materials furnished in and
about the premises, in the same manner as if he had been employed
to do the work by the person. Alternatively; all costs incurred as
a result of the excavation process by the Village to protect and safeguard
the area may be assessed on the property tax roll in the event the
owner has failed to safeguard the area as requested by the Superintendent
of Buildings.
