It is unlawful for the owner, occupant or person having control of any premises in the city to create or maintain, or permit to be created or maintained on such premises any excavation so near any street, alley, sidewalk or public place as to be dangerous to persons using such street, alley, sidewalk or public place unless the same be sufficiently guarded with barriers at all times and have lights at night to warn passersby of such dangerous condition. (Prior code § 13.16.040.)