Chapter 8.50 PITFALLS

Chapter 8.50
PITFALLS

Sections:

8.50.010 Pitfalls and wells to be covered – Penalty for violation.

8.50.020 Excavations – Abandoned – Filling required.

8.50.030 Excavations – Abandoned – Notice to city.

8.50.040 Failure of property owner to comply – Procedure – Lien.

8.50.010 Pitfalls and wells to be covered – Penalty for violation.

(1) It shall be unlawful for the owner of any property to maintain therein any pitfall or open well, unless the same is covered with a concrete lid of not less than four inches in thickness.

(2) Any person violating this section shall be punished by a fine not to exceed $100.00. [Ord. X-3-2 §§ 1, 2, 1951.]

8.50.020 Excavations – Abandoned – Filling required.

No person shall leave open, unguarded or unprotected upon property within the limits of the city of La Center of which he is the owner or is in possession or control, any ditch, pit, well, hole, cesspool, or other excavation which is dangerous to life or limb; all such excavations which are or hereafter may be abandoned or are no longer used for the purpose for which constructed, shall be immediately filled. [Ord. X-3-4 § 1, 1959.]

8.50.030 Excavations – Abandoned – Notice to city.

It shall be the duty of the chief of police to make inspection of vacant lots and other properties within the city limits to determine whether the obligations imposed by LCMC 8.50.020 are being fulfilled. In the event a lot or tract of property is discovered upon which a ditch, pit, well, hole, cesspool or other excavation dangerous to life or limb exists, he shall report to the city clerk/treasurer who shall prepare a written notice to the owner or occupant of such property, which notice shall describe the property involved and the dangerous condition, and shall require the owner or occupant to safeguard and make the condition safe if the excavation is still in use, or if it is abandoned, or no longer used for the purpose for which constructed, then to fill the same with solid fill material within 30 days after service of such notice. Such notice shall be served personally upon such owner or occupant, if he be a resident of the city of La Center and can be found therein; otherwise, such notice shall be served by mailing a copy thereof to the record owner of such property at his last known address as shown by the records in the office of the treasurer of Clark County, and by posting a copy thereof in a conspicuous place on said property and by posting an additional copy thereof at a public bulletin board in the city of La Center. [Ord. X-3-4 § 2, 1959.]

8.50.040 Failure of property owner to comply – Procedure – Lien.

In the event that the safeguarding or filling of such dangerous excavation is not made by the owner or occupant within such 30-day period, the city of La Center, under direction of the street committee, shall provide for the safeguarding or filling of such excavation. The proceedings shall be initiated by resolution of the city council, which shall describe the property involved and shall authorize the street committee to proceed with the work. Careful account of the cost of such work shall be kept and reported to the clerk/treasurer when the work is completed. The cost to the city of such work shall be and become a charge against the owner of the property and a lien against the property. [Ord. X-3-4 § 3, 1959.]

8.50.050 Notice of lien – Enforcement.

Notice of such lien shall as nearly as practicable in substantially the same form, filed with the same officer within the same time and manner, and enforced and foreclosed, as is provided by law for liens for labor and material. [Ord. X-3-4 § 4, 1959.]