[1985 Code § 112-1.1]
As used in this chapter:
ABANDONED EXCAVATION
Shall mean one in which further construction has been permanently discontinued.
OPEN OR UNGUARDED WELL, CISTERN OR CESSPOOL
Shall mean one which is:
a. 
Not securely covered by a cover sufficient to withstand 500 pounds pressure per square foot of cover area; or
b. 
Not completely enclosed by a permanent fence at least four feet in height.
TEMPORARY EXCAVATION
Shall mean an excavation that will be filled in or have a building erected thereon within 20 days from the date the excavation is completed.
UNGUARDED EXCAVATION
Shall mean one which is not completely enclosed by a fence of at least four feet in height.
[1985 Code § 112-1.2]
It shall be unlawful for any person to allow or maintain any of the following, hereby declared to be a public nuisance:
a. 
Any open or unguarded well, cistern or cesspool (as such phrase is defined in subsection BH12-1.1).
b. 
Any unguarded excavation (as such phrase is defined in subsection BH12-1.1).
c. 
Any abandoned excavation (as such phrase is defined in subsection BH12-1.1).
d. 
Any excavation exceeding three feet in depth or area where surface water has accumulated over a depth of one foot.
e. 
Any excavation for a foundation which is found by the Construction Official to be abandoned.
f. 
Any temporary excavation (as that phrase is defined in subsection BH12-1.1) that is not barricaded and lighted in accordance with the provisions of subsection BH12-1.5)
[1985 Code § 112-1.3]
Any public nuisance as declared in subsection BH12-1.2 shall be abated, forthwith, by the owner of the land on which such public nuisance exists without the requirement of further notice.
[1985 Code § 112-1.4]
When any person under a duty to abate the public nuisance as required by subsection BH12-1.3 fails or refuses to abate same after notification to the tenant and owner of the land, or either of them, the Borough Council may cause such nuisance or nuisances to be abated and the reasonable cost of such abatement shall be chargeable against the owner of the land on which such nuisance or nuisances shall have existed. Such costs shall be a lien on such lands and shall be assessed against such lands and collected in the same manner as local municipal improvement assessments.
[1985 Code § 112-1.5]
Any temporary excavation shall have barricades erected around such excavation at times and hours when such excavation is not being worked on. Barricades shall be lighted during the hours of darkness so that the same shall be visible to members of the public.
[1985 Code § 112-1.6; New]
a. 
Any person who violates the provisions of this chapter shall, upon conviction, be liable for the penalty stated in Chapter BH1, Section BH1-3. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.
b. 
The imposition of the penalty provided for in paragraph a of this subsection shall not constitute a bar to, or be deemed in substitution of, the exercise of the right and power of the Borough provided for in subsection BH12-1.4.