§ 192.103. Right of entry for adjoining owners to perform required work.

A.

Right to Enter Refused. If the person whose duty it is to perform the work required under § 192.102, is refused the right to enter upon the land where the excavation is being made, as far as may be required to perform such work, then it shall be the duty of the person making the excavation to build such foundations as may be required to make the wall or structure as safe as they were before such excavation was commenced.

B.

Duty When Permission Denied. If the necessary permission to enter the adjoining building or upon the adjoining land, for the purpose of performing the work required under § 193.102 is not accorded the person making an excavation, then it shall be the duty of the owner refusing to grant such permission to make the adjoining or contiguous wall or structure safe and to support the same without delay by proper foundations, or to take such other precautions as may be required so that such excavation may be made. When necessary for that purpose, the adjoining owner shall be permitted to enter upon the premises where such excavation is being made.

C.

Expeditions Work. In either of the conditions stated in subsections (A) or (B) of this section, the persons accorded the right of entry shall perform the necessary work as expeditiously as possible and with the least reasonable inconvenience to the grantor of such right.

(Ord. 388-1998)