[HISTORY: Adopted by the Board of Trustees of the Village of Massena 9-22-1969 as Ch. 33 of the 1969 Code. Amendments noted where applicable.]
For the purpose of this chapter, the following terms shall have the meanings indicated:
- ABANDONED EXCAVATION
- Any excavation whether created in the course of a building operation
or otherwise and regardless of whether a building permit has been issued for
the same, which said excavation has remained in an open and unfinished condition
for a period of two weeks or more.[Amended 10-2-2007 by L.L. No. 2-2007]
- Any uncovered cutting, or cavity in the earth of any depth or size created by the removal of earth, stone, topsoil or any other substance.
Any excavation which has been abandoned as herein defined shall be filled in to the original level of the ground and any topsoil removed shall be replaced by the owner or lessee of the property where such excavation exists.
Any cellar, basement, excavation or other opening over which a building has heretofore been erected which shall have been demolished or razed by any means whatsoever, shall be promptly filled to the natural grade of the adjoining land with clean, nonburnable fill containing no garbage, refuse, offal or any deleterious or unwholesome matter.
Every presently existing cellar, basement, excavation or other opening which has been abandoned shall be immediately filled to the level of the adjoining land with clean, common, nonburnable fill containing no garbage, refuse, offal or any deleterious or unwholesome matter.
[Added 9-4-2001 by L.L. No. 2-2001]
Upon failure or neglect of any such owner of lands to comply with the provisions of Chapter 148 and upon the expiration of a five-day notice served upon such owner by said Village requiring compliance with Chapter 148 and said owner not having complied with such notice, the Village may, by its duly constituted officers, agents, representatives and servants, enter upon said premises and level and fill said property to the extent necessary to bring the property into compliance with Chapter 148. The Village will assess the expense thereof against said premises, to be collected, with interest, in the same manner as Village taxes. The mailing of such notice to a nonresident owner of lands within said Village addressed to his last known address shall be sufficient notice thereof.
[Amended 9-4-2001 by L.L. No. 2-2001]
Any such owner or lessee who fails to fill in such excavations and replace any topsoil removed within 30 days after notice, in writing, shall be in violation of this chapter and shall be liable to a fine and penalty of not less than $100 nor more than $250 or by imprisonment for not more than 15 days for each violation. Each day on which such violation continues shall constitute a separate offense.