[HISTORY: Adopted by the Common Council of the City of Cortland 8-5-1969 as Ch. 12,
Art. IV, of the 1969 Code of Ordinances. Amendments noted where applicable.]
No excavation in the City shall remain open for a period of
more than 60 days. Where an excavation is dug for the purpose of constructing
a cellar, it shall be the responsibility of the owner of the property
in which such excavation is situate that such cellar and its covering
be completed within 60 days of the date such excavation is commenced;
or in the alternative such owner shall either fill in such excavation
to the level of the surrounding ground or cause a sturdy and substantial
fence to be built around such excavation. In any event no such excavation
shall remain open, even if fenced, for a period of more than six months.
A.Â
Authority. In the event of any violation of this chapter, the City Assessor shall promptly cause such excavation to be filled or fenced in compliance with § 127-1. For this purpose, they may at once enter such land and incur such costs as may be necessary to fill or fence such excavation and may hire a contractor or other assistance as they in their sole discretion deems necessary.
B.Â
Costs. Costs incurred under this section shall be paid out of the
City Treasury on certificate of the Assessor. Such costs shall be
charged to the owner of the premises involved and shall be assessed
and collected in the same manner as the assessment and collection
of real property taxes, with the same interest and penalties, as provided
in the Charter of the City.
[Amended 4-2-2002]
Any violation of this chapter shall constitute a violation of
the Code of the City of Cortland and shall be punished by a fine not
exceeding $500. Each separate thirty-day period that the violation
continues to exist shall constitute a separate violation.
