§ 192.101. Grading and filling—Duties and liabilities—Retaining walls.

A.

Notice. The owner or occupant of any lot or land may grade or improve the surface of the lot or land to correspond with the established grade of the abutting street or alley, without incurring liability, provided he gives the adjoining owner seven days' written notice of the proposed grading or improvement and has proof of delivery. When any lot or land is so graded or improved, the owner of any adjoining lot or land shall, at his own expense, build such retaining walls or foundations as may be required to safely protect his land and the structures erected thereon.

B.

Retaining Walls When Filling. The owner or occupant of any lot or land who fills a lot so that the surface of the same shall be above the established grade of the abutting street or alley, and above the existing surface of any adjoining lot or land shall, at his own expense, build such retaining walls as may be required to properly protect all adjoining property from damage on account of such fill.

C.

Retaining Walls When Grading. The owner or occupant of any lot or land, who grades such lot or land, except as provided for in § 192.102 for excavations for buildings, so that the level of such lot or land is below the established grade of the abutting street or alley shall, at his own expense, build such retaining walls as may be required to protect the adjoining property from damage because of such grading. He shall give the owner of the adjoining lot or land which may be affected seven days' written notice before beginning such grading.

D.

Bracing. Mortar in new walls shall be thoroughly set, or the walls shall be adequately braced or loaded before backfilling is commenced. Grading and backfilling shall be done in a manner which will not cause injury to foundation walls.

(Ord. 388-1998)