Village of Angola, NY
Erie County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Angola 12-23-1974 by L.L. No. 1-1974 (Ch. 36 of the 1974 Code). Amendments noted where applicable.]
Construction codes — See Ch. 78.
Flood damage prevention — See Ch. 108.
Freshwater wetlands — See Ch. 113.
Public works standards — See Ch. 171.
Streets and public places — See Ch. 193.
Swimming pools — See Ch. 203.
This chapter shall be known as "Safe Excavations Law."
This chapter is enacted in recognition of the danger of allowing excavated lands to remain unprotected or unfilled. The purpose is to eliminate the danger to the general public, and especially children, from falling into open excavations or drowning in the water which has accumulated in said excavations.
This chapter shall apply to all excavations within the Village of Angola, with the exception of drainage ditches.
This chapter provides a means of requiring the owner of excavated lands to fill in the same, or authorizing the Village Board to fill such dangerous excavated lands in the event that the owners fail to do so after having due notice of the existence of such condition, and providing that the costs incurred by the Village in filling such dangerous lands shall be assessed against such lands and property.
The Village Code Enforcement Officer is hereby designated as the official to inspect any excavated lands deemed to be hazardous to public safety where such lands are suspected of being in violation of this chapter, and he shall file a written report with the Village Board, spelling out in detail the findings of his inspection.
The Village Highway Superintendent is hereby designated as the official to supervise the filling of such dangerous or hazardous excavated lands upon direction of the Village Board.
In the that event such excavated lands are deemed hazardous to public safety, a written report shall be filed with the Village Board by the Village Code Enforcement Officer; and upon order of the Village Board, 15 days' written notice to fill shall be sent by registered mail addressed to the owner of record of such lands and property at the address shown on the last preceding assessment roll. Such owner shall be required to fill in such excavated and hazardous lands. Such notice shall contain a description of the premises, a statement of the particulars in which the excavated lands are deemed hazardous to public safety and an order requiring that the same be filled in and made not hazardous to public safety; and if such service is made by registered mail, a copy of such notice shall be posted upon the premises.
The owner of the premises or person notified shall commence the filling and/or making safe of such excavated or hazardous lands within 15 days of the mailing and posting of service of said notice and shall diligently prosecute said filling and/or making safe of such excavated, hazardous lands until the project is complete.
In the event of neglect or refusal to act by the owner or person served with notice to comply with same, the Superintendent of Highways shall cause the excavated, hazardous lands to be filled and made safe for the public.
In the event that the owner refuses or neglects to fill in and make safe such excavated or hazardous lands, the Village shall do the necessary work involved, either with the Village employees or outside contractors, and the cost of the filling in and making safe of such excavated or hazardous lands and all other expenses in connection with the proceedings shall be assessed against such lands and property.
Any person violating any provision of this chapter shall be subject to a fine or penalty not to exceed $250 or imprisonment for not to exceed 15 days, or both.
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. III).