[Adopted 3-21-1972 ATM
by Art. 33 (Art. 20 of the 1922 Bylaws)]
[Amended 11-26-1973 STM
by Art. 4; 11-26-1973 STM by Art.
5]
Any person or entity who excavates land or is in charge of excavating
land or who or which is the owner of land which is or has been excavated
in the Town of Easton shall erect barriers or initiate suitable measures
as determined by the Building Inspector for the protection of the
public within two days after being notified in writing by personal
service or certified mail by the Building Inspector that any such
excavation or excavations constitute a hazard to public safety.
A. An excavation which constitutes a hazard to public safety under this
article shall be defined as an excavation containing one or more of
the following conditions:
(1) An elevation differential of five feet or more considered in conjunction
with the horizontal area dimensions.
(2) Side slopes which have a greater than two-to-one slope.
(3) Side slopes which contain debris which may dislodge or projecting
matter, such as boards, which may injure passersby.
(4) Being filled, or partially filled with water or other substances
which may drown, trap or otherwise injure persons or animals.
(5) Being hidden or obscured from view so that injury may result to persons
or animals.
B. Barriers such as shall be required under this article shall be installed
in accordance with specifications to be set forth in each case by
the Building Inspector.
Any person or entity who or which violates any of the provisions
of this article shall be subject to a fine of not more than $200 per
day for each day such person or entity is in violation of such notice
commencing with the fourth day thereof. Each day that such violation
continues shall constitute a separate offense.
The Superior Court shall have jurisdiction in equity to compel
compliance with the terms of this article as provided in MGL c. 40,
§ 21, cl. (19), as amended.