[Adopted 6-26-1957]
This Part 1 shall be known as the "Ordinance Regulating and Controlling Abandoned Excavations and Foundations for Buildings in the Town of Clarence."
It is the purpose of this Part 1 to promote the health, safety and general welfare of the inhabitants of the Town of Clarence by regulating and controlling abandoned excavations and foundations for buildings in said Town.
A. 
Such excavations and/or foundations shall be deemed abandoned when no construction work on the superstructure has been commenced within a period of sixty (60) days following the date of the digging of the excavation, in which case the building permit issued for the building shall be canceled and the owner and contractor notified, in writing, to fill in the excavation and/or the foundation up to the original ground level with clean earth and to seal up any sewer connections that may exist on the property. Said notice shall be served on the owner and contractor by registered mail at their last known place of residence. In the event that the owner or contractor fails to comply with the requirements of this section within thirty (30) days after the date of mailing of said notice, then the Town of Clarence shall cause the excavation to be filled and the sewer openings, if any, to be sealed, and said owner of the premises shall reimburse the Town for any expenditures thereby incurred, or the Town may elect to assess the cost of so doing on the tax roll of the property involved.
B. 
Where there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of this Part 1, the Town Board shall have the power to vary or modify the application of any of the regulations or provisions herein contained so that the spirit of this Part 1 shall be observed and public welfare and safety secured and substantial justice done.
[Added 7-22-1992 by L.L. No. 1-1992]
Any person, firm or corporation who shall violate any of the provisions of this Part 1 shall, upon conviction, be punishable by a maximum fine of $250 or by imprisonment for not more than 15 days, or both such fine and imprisonment.