Every excavation shall be properly guarded, to protect the public and
adjoining property, by the owner of the land where the work of excavating
is proceeding, and if he or she shall neglect to so protect it, the Director
of Public Works and/or Director of Zoning and Code Enforcement or designee
may suspend or revoke the permit already granted and may enter upon any premises
and cause such work to be done as deemed necessary for safety, and the owner
of the land being excavated shall be responsible for the expense incurred
for labor and materials furnished therefor, and permission for further work
shall not be granted until such expense has been paid.
Whenever any excavation is made by which, in the opinion of the Director
of Public Works and/or Director of Zoning and Code Enforcement or designee,
the pavement or the installations of any public service companies in, on or
under any street may be destroyed, damaged or disturbed, before any further
building operations are continued, a bond shall be given, with a surety company
as surety, running to the City in such amount not exceeding $10,000 as shall
be satisfactory to the City Solicitor, conditioned to indemnify and save harmless
the City and such companies for any and all damages that may occur to the
City and the installations of such companies as a result or by reason of such
excavation, provided that the giving of such bond shall in no way limit the
liability of such person for any damages caused by such excavation.
It shall be the duty of every police officer to take notice of all excavations
for buildings of every description in process of construction, and of all
buildings undergoing alterations, and to report the same at once to the Chief
of Police, and the latter shall transmit the report to the Director of Public
Works and/or Director of Zoning and Code Enforcement or designee.
All proceedings at law or in equity under this Article or the Building
Code of the City shall be brought by the Director of Public Works and/or Director
of Zoning and Code Enforcement or designee in the name of the city, and when
he or she is the complaining party, he or she shall not be required to furnish
surety for costs.
This Article shall not be construed to relieve or lessen the liability
of any party owning, constructing, altering or performing any work in or upon
any building or excavation therefor, on account of any injury or damage to
person or property by reason thereof, nor shall the city, its agents or servants
be held to assume any liability because of the inspection authorized or performed
or certificates or permits issued hereunder.