Delano Municipal Code Ch. 12.14 Abandoned Excavations

For the purpose of this chapter, an "abandoned excavation" is defined as an open excavation on real property which is not being currently used for some legitimate purpose under permit by the city or other appropriate licensing authority, and which may be commonly referred to as an abandoned mining shaft, pit, well, septic tank, cesspool, or other abandoned excavation.

(Ord. 718 §1, 1979).

It shall be the duty of every person owning land in fee simple, or in possession thereof under lease or contract of sale, to fill or securely cover all abandoned excavations on said property.

(Ord. 718 §2, 1979).

If, in the opinion of the city council, there exists on private property an abandoned excavation which constitutes a public nuisance and/or a hazard to persons, the city council may direct the city manager or his subordinates to give notice to the owner in fee simple, or the person lawfully in possession thereof, to fill and compact said excavation or to cover and/or guard the same in a manner designed for and sufficient to remove and dissipate the hazard created by said excavation.

Said notice may be delivered personally or by registered mail to the address of the person affected; and in addition a notice shall be posted on said property. If after thirty days from said notice, the person fails or refuses to correct said hazard in the manner hereinbefore set forth, the city may, at its option, enter said premises and abate said nuisance by filling up the excavation with appropriate fill or otherwise imposing or erecting a guard thereon.

(Ord. 718 §3, 1979).

The cost of filling such excavation and otherwise correcting said hazard shall be charged on said person, and if the person, for whom the work was performed for refuses or neglects to pay into the treasury of the city the cost of the work, then the city finance director shall file and record the charge therefore as an assessment against the property, and when so recorded said assessment shall become delinquent upon the date of recording and an additional charge of twenty-five percent added to the total cost including contract and administrative cost. From and after the recording of the costs of the work as a lien, all persons interested in the property shall be deemed to have had notice of the contents of said record of a lien.

(Ord. 718 §4, 1979).