8-06. Excavations, Depressions, Ditches, etc.
1. DEFINITIONS. The words and phrases used in this section shall have the meanings assigned to them in ch. 200 of the Milwaukee code. In addition, the term "commissioner of health" shall mean the legally designated health authority of the city of Milwaukee or his authorized representative, and the term "commissioner of public works" shall mean the legally designated head of the department of public works of the city of Milwaukee or his authorized representative.
2. PUBLIC HAZARDS OR NUISANCES. a. All excavations, depressions, pits, holes, gullies, ditches or similar depressions more than 12 inches deep and in which water to any depth may accumulate and be retained therein for a period of more than 48 hours on any lot, plot of land or premises shall constitute a public hazard or nuisance.
b. This section shall not apply to any lakes, streams, sloughs, bayous and marsh outlets or any other navigable waters as defined by s. 30.10, Wis. Stats. (1973) nor to any artificial bodies of water such as lakes or lagoons designed, created, developed or maintained for esthetic or recreational purposes; provided, however, that any nuisances or hazards created by the same shall be under reasonable control.
3. NOTICE TO ABATE NUISANCE. a. Served on owner. Except as regulated in par. d, in all cases where a public hazard or nuisance, as enumerated in sub. 2, is found to exist upon any premises within the city, the commissioner of health shall serve or cause to be served on the owner of the premises and on the holder of any encumbrances of record an order to abate such public hazard or nuisance within a reasonable time, not to exceed 30 days from the date of such notice by requiring the owner of the premises to fill in such hazard or nuisance to lot grade in an approved manner, or to provide positive drainage, connected in an approved manner to the city sewer, in conformity with the applicable city code of ordinances, or street so as not to flow on a streetwalk or to cause dampness or injury to any wall, yard or other area or premises. In the case of an immediate and imminent public health nuisance or hazard, the commissioner of health may require immediate temporary protection or abatement measures. In case of the owner's neglect or refusal to abate such public hazard or nuisance within the time herein prescribed, the commissioner of public works, upon notification by the commissioner of health, either through any available public agency or by contract or arrangement with private persons, shall cause such hazard or nuisance to be abated by the establishment of positive drainage or by the filling in of any or of all such excavations, depressions, pits, holes, gullies, ditches or similar depressions, the cost of which shall be charged against the real estate upon which such work was executed and shall be a lien upon such real estate and be assessed and collected as a special tax in addition to the fine or penalty as provided herein.
b. Obstructions. It shall be the duty of every owner of premises who obstructs the flow of any stream, ditch, drainage way, or impedes the flow of surface water by changing the grade of his property, or in any other manner, to provide adequate drainage by permitting the flow of such water substantially as freely as if the obstruction or impediment had not been created so as not to cause the impoundment of water on the property of another.
c. Compliance. Highway and street construction shall comply with the provisions of s. 88.87, Wis. Stats., 1973, to prevent the accumulation of water on any premises.
d. Excavations to be fenced, etc. Excavations for a basement or foundation of a building or structure on any premises executed under a permit issued by the commissioner of building inspection shall be fenced in, guarded, in an approved manner unless the construction of the building or structure proceeds immediately after the excavation has been completed, provided that no such excavation, whether or not completed, may be left open for more than 6 months whether fenced in, guarded or not without proceeding with the construction of the building or structure. Where such construction is not started within 6 months, the commissioner of building inspection shall serve an order on the owner of the premises and on the holder of any incumbrance of record to the effect that the construction of the building or structure on the And City Engineer
excavation begin forthwith or in the alternative that the excavation be filled within 4 days in an approved manner to lot grade. In case of the owner's neglect or refusal to abate such public hazard or nuisance, within the time herein prescribed, the commissioner of building inspection shall, either through any available public agency or by contract or arrangement with private persons, completely fill such excavations to lot grade in which case the cost of such work shall be charged against the real estate upon which such work was executed and shall be a lien upon such real estate and be assessed and collected as a special tax in addition to the fine or penalty as regulated herein.
4. PENALTIES. Any person being the owner of premises whereon any provision of this section has been violated and who shall omit, neglect, or refuse to comply with any order issued pursuant to this section shall be subject to the same penalties as provided in s. 200-19 of the Milwaukee code.
(HISTORY: Section 8-06 cr. Ch. Ord. 172, File #50-3543-b, Apr. 8, 1952. 8-06 am. Ch. Ord. 498, File #79-1280, Jan. 20, 1981. 8-06-1 am. Ch. Ord. 424, File #75-482, July 15, 1975. 8-06-1 am. File #871181, Oct. 27, 1987; eff. Jan. 11, 1988. 8-06-2 am. Ch. Ord. 424, File #75-482, July 15, 1975. 8-06-3-a am. Ch. Ord. 424, File #75-482, July 15, 1975.. 8-06-3-b rn. Ord. 424, File #75-482, July 23, 1975. 8-06-3-b cr. Ord. 424, File #75-482, July 23, 1975. 8-06-3-c cr. Ord. 424, File #75-482, July 23, 1975. 8-06-4 am. Ch. Ord. 424, File #75-482, July 15, 1975. 8-06-4 am. File #871181, Oct. 27, 1987; eff. Jan. 11, 1988.)
