§ 24.40.130. Correction of hazardous conditions.  


Latest version.
  • A.

    Whenever an excavation or fill described in section 24.40.030 has caused or contributed to a condition that appears to substantially impair the lateral support of the adjoining street or public place, or endangers the public, an adjoining public place, street utilities or municipal property, the director of development services may direct the contractor making such excavation or fill or owner of the property upon which such excavation or fill is being made, at his own expense, to take action to protect the public, adjacent public places, municipal property and street utilities, including compliance within a prescribed time.

    B.

    If the owner or contractor fails or refuses to take the action directed promptly, or fails to fully comply with such directions given by the director of development services, or if emergency conditions exist requiring immediate action, the director of development services may enter upon the property and take such action as he deems necessary to protect the public, the adjacent streets or street utilities or to maintain the lateral support thereof, including placing of temporary shoring, backfilling, alteration of drainage patterns and any other action reasonably necessary to decrease the possibility or extent of earth movement, or regarded as necessary safety precautions; and the owner or contractor shall be liable to the municipality for the costs thereof.

(CAC 10.36.140; AO No. 2003-68, § 9, 9-30-03)