§ 800.09. Excavations.

Subdivision 1. General regulations. Street openings must be made in a manner that will cause the least inconvenience to the public. Provisions must be made for passage of surface water along the gutters and one-half of the traveled portion of the street must be at all times in good and safe condition for passage of vehicles. Open excavations must be plainly marked at all times with red flags and protected when work is not actually in progress with barricades or railings, and at night by lanterns or electric flashing devices. Pipes or mains exposed to frost or freezing temperatures must be protected in such manner as will prevent freezing of water therein. In addition to the penalties prescribed herein, a person responsible for exposing a City main which is be damaged by freezing, whether freezing temperature is foreseen or not, is liable to the City for all damages caused by freezing, and shall indemnify the City for any and all damages sustained by others on account thereof for which the City may be liable.

Subd. 2. Refilling excavations. Street openings must be refilled promptly after completion of tapping or other work, and all the earth must be replaced in the trench and thoroughly puddled or tramped, and the surface of the street shall be restored to and maintained in as good order as it was before excavation, to the satisfaction of the Director. Dirt and debris from the work must be removed immediately from the public street. A person who neglects to comply with the requirements of this section within 24 hours after notice from the City is liable to the City for the full cost incurred by the City in restoring the excavated portions of the street to proper condition. If the excavation was made by a licensed plumber, the cost is an obligation collectible from the surety on the plumber's bond.

Subd. 3. Hazardous excavations. If an excavation for building purposes is left open for more than six (6) months without any activity towards the completion of the building, or if any excavation or basement is not filled to grade or otherwise protected after a building is destroyed, demolished or removed, the council may order the filling, satisfactory protection of the excavation or, in the alternative, the immediate initiation or resumption of the erection of a building thereon.

Subd. 4. Service of order. An order issued by the council shall be served upon the owner or the owner's agent in the manner provided for the service of a civil summons, or in lieu thereof, if the owner or suitable agent cannot be found, by posting the order on the excavation site and by four (4) weeks' publication in the official newspaper of the City.

Subd. 5. Noncompliance. If upon valid service of an order, the owner fails to comply within 15 days of service of the order, the City shall cause the excavation to be filled to grade or protected and charge the cost of the work against the real estate as a special assessment in the manner provided by Minnesota Statutes, section 463.21.