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A. A person in charge of a premises must not permit, allow or cause to exist a well, cistern, pit, quarry, excavation, or other hole of a depth of three feet or more with a top width of 12 inches or more on the premises, unless:

1. It is fenced or securely covered; or

2. The excavation is part of an authorized construction project and during the course of construction reasonable safeguards are maintained to prevent injury.

B. In addition to any corrective action ordered by the city, a person found to have violated the provisions of this section may be assessed a civil penalty. The amount of the civil penalty assessed for each day of continuing violation will not exceed the amount established for a Class 5 code violation. (Ord. 5079 §1 (Exh. 1 (part)), 2019).