§ 281-21. Abandoned excavations.

A. 

For the purpose of this article, the following terms shall have the following meanings:

ABANDONED EXCAVATION

(1) 

Any excavation, whether created in the course of a building operation or otherwise, and regardless of whether a building permit has been issued for the same, which said excavation has remained in an open and unfinished condition for a period of six months or more.

(2) 

Any excavation as herein defined for which a building permit was issued and where the building operation under said permit is arrested prior to completion and the permit therefor allowed to lapse.

EXCAVATION

Any uncovered cutting or cavity in the earth of any depth or size created by the removal of earth, stone, topsoil or any other substance.

B. 

Any excavation which has been abandoned as herein defined shall be filled in to the original level of the ground, and any topsoil removed shall be replaced by the owner, lessee or occupant of the property where such excavation exists. Should any such owner, lessee or occupant fail to fill in such excavation and replace any topsoil removed within 30 days after notice in writing delivered personally or by registered mail, the City may proceed to fill in the same and replace any topsoil removed. The cost of such filling and replacement of topsoil shall be assessed against the property where such excavation exists.

C. 

The notice specified in the preceding section shall be mailed or delivered to the last known address of the owner of the property on which such abandoned excavation exists as the same appears upon the records in the office of the Commissioner of Finance and if there is an occupant or lessee on the premises then to such occupant or lessee at the premises.

Editor's Note: Amended during codification; see Ch. 1, General Provisions.

D. 

The Commissioner of Public Works shall ascertain the cost of any filling in or replacement of topsoil that may be necessary and, upon ascertaining the cost of the same, shall prepare a list specifying the property affected by lot and block numbers as the same appears on the official assessment map of the City of New Rochelle and shall file the list in his office and give public notice of such filing by publication in the official newspaper that said list has been filed and that for 10 days after the publication of said list the list may be examined by any person interested herein, and that upon a time specified in such notice, and at least 10 days after the publication thereof, he will attend at his office to hear any objections to said list. The Commissioner of Public Works shall have authority to make such corrections in the list as may be necessary. After the time specified for the hearing, the Commissioner of Public Works shall file said list with corrections, if any, with the Commissioner of Finance, together with a copy of the notice published, and from the hour of filing, the amount of the charges specified in said list shall be a lien upon the property affected thereby. Penalties at the rate of 7% per annum shall be charged for payment of the fees made more than 30 days after the filing of the list with the Commissioner of Finance. Failure on the part of the Commissioner of Public Works to prepare or publish the list in the manner herein prescribed shall not invalidate the liens for the cost of filling in any abandoned excavation or excavations and the replacement of topsoil wherever the same has been removed.

Editor's Note: Amended during codification; see Ch. 1, General Provisions.

E. 

This section shall be applied in addition to the penalties provided in § 281-24. See Section 197-A of the Charter of the City of New Rochelle enacted by Chapter 401 of the Laws of New York, 1956.