[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.]
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.
A.
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.
B.
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.
