[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.