§ 146-582. Placing of fill on a lot or site.

(a)

It shall be unlawful to terrace, grade or place fill on any lot or site, or part thereof, in such a manner so as to adversely alter the present natural drainage pattern of the area. Requirements for lot or site grading and filling are on file in the office of the department of streets and are obtainable from the department. The department of streets shall approve the method used to terrace, grade or fill lots in order to assure that water will effectively drain from such lot or site and from the adjacent area. Whenever it is brought to the attention of the director of the department of streets that the provisions of this section are being violated, he shall notify the owner that the terracing, grading or filling being placed in place does not meet its requirements. The owner is to within 60 days after receipt of notice from the director of the department of streets grade or fill the lot or site in such a manner so as to be in compliance with the requirements of the department of streets. Should the owner of the property fail to comply with the notice sent concerning violation of this section, the director of the department of streets shall direct the maintenance division of the department of streets to properly grade and fill the lot or site in order to comply with the requirements of the department. The cost of all labor, equipment, and materials, including additional fill if needed shall be charged to the property owner.

(b)

Upon completion of the work the director of the department of streets shall issue a bill against the property owner for the cost of such work which shall be due in cash within ten days after presentation of the bill.

(c)

Whenever any property owner shall fail to pay the bill due by him within ten days after presentation thereof, the director of the department of streets, through the director of the department of finance, shall then record in the mortgage office within 60 days from the date of default on the part of the property owner, a copy of such bill in order that it may operate as a lien and privilege against the property affected thereby.

(d)

Any retaining walls installed pursuant to the provisions of this section shall be constructed of concrete. Requests for approval of the use of material other than concrete shall be reviewed and approved or disapproved by the city council after consultation with appropriate city departments concerning the structural integrity of the alternate material.

(e)

It shall be unlawful to terrace, grade or place fill on any lot or site, or part thereof, in such a manner so as to allow the runoff to drain on to adjacent property.

(Code 1956, § 61-130)