(1) The owner of any real estate abutting any street shall enclose the
real estate with a suitable fence where:
(a) a building is being
erected or an excavation is being made for building purposes or for purposes of
repairing or maintaining buildings or other structures or
(b) it is unimproved and otherwise
(c) it is of a higher grade than the adjoining land and is
in such condition that dirt therefrom is washed down upon the sidewalk by the
action of the elements.
(2) In the case of § 10-803(1)(c), the
owner shall also grade back such real estate.
(3) No one shall make any
excavation on any property which excavation extends below the surface of the
adjoining property or below the existing grade or the City Plan grade for that
area without first submitting to the Department of Licenses and Inspections
plans setting forth the purpose of the proposed excavation and the manner in
which the public will be protected from it and obtaining from the Department a
permit to make such
Department of Licenses and Inspections shall refuse to grant a permit if it
determines that the proposed excavation or the plan of protection is contrary to
the public welfare or safety.
(b) Nothing in § 10-803(3) shall
apply to an excavation made for the purpose of construction, repairing or
maintaining buildings or other structures or facilities on the land
(4) The owner of any land upon which there exists any
excavation, quarry, or other depression in which water has accumulated to a
depth dangerous to children, and to which children have access with or without
permission of the owner, shall immediately submit a plan for the abatement of
such condition to the Department of Licenses and Inspections. The Department
shall forthwith approve or amend the plan and shall issue a written order to
such owner setting forth the manner in which and the time within which such
condition shall be abated. The Department shall also issue such a written order
in the event that a person fails to file a plan of abatement as required by this
creation or continuance of any condition described in § 10-803(1), (3) or
(4) is a public nuisance.
(6) The Department of Licenses and Inspections
shall order any person violating § 10-803(1), (3) or (4) to comply with
such Subsections by fencing his land, abating the unlawful conditions thereon,
or otherwise safeguarding the public as may be required, from such condition
within such reasonable time as the Department shall determine.
failure of the owner of any real estate to comply with an order of the
Department of Licenses and Inspections issued pursuant to § 10-803(4), (5)
or (6) the Department may itself or by contract abate the condition and charge
the cost to the owner of such property, and the Law Department may take such
action for the collection of such costs by lien or otherwise as may be
authorized by law.
(8) Any person lawfully placing any building material
or any other obstruction or excavation on or across the street or sidewalk shall
guard all approaches thereto by means of timber placed on trestles or in other
sufficient manner, and shall place and keep thereon from sunset to sunrise a
lighted lantern of red glass. Whenever such obstruction or excavation exceeds 10
feet in length or breadth one such lantern shall be placed at each
The penalty for the
violation of the provisions of this Subsection (8) is a fine of
(9) Each day any violation of the provisions of this Section occurs
or continues shall be considered a separate offense.