10-28-281.3 Permit fees.

   (A)   Obstruction of a public place. For an obstruction of a public place for a Type III activity, the permittee shall pay a yearly fee of $100.00. For an obstruction of a public place for a Type I and a Type II activity, the fee shall be $50.00 per permit.

   (B)   Obstruction of public way – initial permit fees. For an obstruction of the public way within the Central Business District, for the first 180 days for a Type I and Type III activity and for the first 540 days for a Type II activity, the permit fees per month for each foot of frontage obstructed shall be as follows:

Initial Permit Fees:

Type of obstruction	Permit fee
Sidewalk or parkway - partial closure	$4.00, but in no event less than $80.00 per month
Sidewalk or parkway - total closure	$8.00, but in no event less than $160.00 per month
Bicycle lane - total closure	$8.00, but in no event less than $160.00 per month
Street lane containing parking spaces	$20.00, but in no event less than $400.00 per month
Street lane normally used for vehicular traffic, including a bus lane	$40.00, but in no event less than $800.00 per month
Alley - if a lane of at least 10 feet is left unobstructed	$10.00, but in no event less than $200.00 per month
Alley - if a lane of at least 10 feet is not left unobstructed	$20.00, but in no event less than $400.00 per month

 

   (C)   Type I and Type III activity fees – after first 180 days. In the event that the permittee seeks to continue its permitted status for a Type I or Type III activity after 180 days, the fees for each month of each foot of frontage used shall be as follows:

Type I and Type III activity fees - after 180 days:

Type of obstruction	181 – 360 days after the initial permit date	361 – 540 days after the initial permit date	More than 541 days after the initial permit date
Sidewalk or parkway - partial closure	$8.00, but in no event less than $160.00 per month	$12.00, but in no event less than $240.00 per month	$16.00, but in no event less than $320.00 per month
Sidewalk or parkway - total closure	$16.00, but in no event less than $320.00 per month	$24.00, but in no event less than $480.00 per month	$32.00, but in no event less than $640.00 per month
Bicycle lane - total closure	$16.00, but in no event less than $320.00 per month	$24.00, but in no event less than $480.00 per month	$32.00, but in no event less than $640.00 per month
Street lane containing parking spaces	$40.00, but in no event less than $800.00 per month	$60.00, but in no event less than $1200.00 per month	$80.00, but in no event less than $1600.00 per month
Street lane normally used for vehicular traffic, including a bus lane	$80.00, but in no event less than $1600.00 per month	$120.00, but in no event less than $2400.00 per month	$160.00, but in no event less than $3200.00 per month
Alley - if a lane of at least 10 feet is left unobstructed	$20.00, but in no event less than $400.00 per month	$30.00, but in no event less than $600.00 per month	$40.00, but in no event less than $800.00 per month
Alley - if a lane of at least 10 feet is not left unobstructed	$40.00, but in no event less than $800.00 per month	$60.00, but in no event less than $1200.00 per month	$80.00, but in no event less than $1600.00 per month

 

   (D)   Type II activity fees – after first 540 days. In the event the permittee seeks to continue its permitted status for a Type II activity after 540 days, the fees for each month of each foot of frontage used shall be as follows:

Type II activity fees - after 540 days:

Type of obstruction	After 540 days
Sidewalk or parkway - partial closure	$8.00, but in no event less than $160.00 per month
Sidewalk or parkway - total closure	$16.00, but in no event less than $320.00 per month
Bicycle lane - total closure	$16.00, but in no event less than $320.00 per month
Street lane containing parking spaces	$40.00, but in no event less than $800.00 per month
Street lane normally used for vehicular traffic, including a bus lane	$80.00, but in no event less than $1600.00 per month
Alley - if a lane of at least 10 feet is left unobstructed	$20.00, but in no event less than $400.00 per month
Alley - if a lane of at least 10 feet is not left unobstructed	$40.00, but in no event less than $800.00 per month

 

   (E)   The use of a construction canopy which obstructs the public way, but allows for pedestrians to pass under the structure, shall be considered a partial closure for the calculation of the above permit fees.

   (F)   The charges described in this section shall be cumulative by type of obstruction, and any period over three days shall be counted as a full month in calculating these charges. These charges are in addition to any appropriate charges for restoration of the public way due to alteration or damage, loss of parking meter revenues, for costs of relocation of parking meters, and for costs of relocation of traffic control devices.

   (G)   For an obstruction of the public way outside the Central Business District and for an obstruction estimated to last no longer than three days, the permit fees shall be one-half of the amounts in subsections (B), (C) and (D).

   (H)   Duration of an obstruction shall be calculated from the original date of the obstruction to its removal, regardless of the number of amended permit periods; however, if a permit is issued for a construction canopy for the purposes of demolition (a Type I activity) and the construction canopy remains in place during subsequent new construction (a Type II activity), a new Type II permit is necessary and the duration of the obstruction shall be calculated from the date of the new permit.

   (I)   In addition to any other fee required by this section, a reinspection fee of $100.00 shall be assessed against any person issued a permit under this section whenever the department of transportation conducts a reinspection after an initial inspection to verify compliance with the municipal code or any conditions of the permit issued under this section. A reinspection fee shall also be assessed whenever any scheduled inspection by the department of transportation cannot take place because of the absence of, or other action or inaction, taken by the permittee.

(Added Coun. J. 12-4-02, p. 99026, § 7.1; Amend Coun. J. 11-19-08, p. 48243, Art. I, § 1)

10-28-281.4 Prohibited uses of traffic and curb lanes.

   A permit issued pursuant to this chapter does not allow its holder to locate a temporary office or other structure, or any materials within an obstructed traffic or curb lane. The permit holder also may not locate a vehicle within an obstructed traffic or curb lane, unless the vehicle is being used for the expeditious loading or unloading of materials, tools or supplies, or the permittee obtains prior approval from the commissioner. A violation of this section shall result in a fine of $500.00 per day for each violation.

(Added Coun. J. 12-4-02, p. 99026, § 7.1; Amend Coun. J. 12-7-05, p. 64870, § 1.9; Amend Coun. J. 11-19-08, p. 47220, Art. IX, § 1)

10-28-281.5 Penalties.

   (A)   Failure to obtain permit. Any person who fails to take public protection measures, or takes public protection measures without having first obtained the necessary permits, or obstructs a public way or public place in the city without having first obtained the necessary permit from the commissioner of transportation, or who violates the terms or conditions of a permit for such work, shall be subject to a penalty for each offense of not less than $500.00 nor more than $2,500.00 per day.

   (B)   Failure to amend permit. If a permittee fails to obtain an amended permit before the permit's expiration date, the permittee and the building owner shall be subject to a fine of not less than $500.00 nor more than $2,500.00 per day for each violation, plus the delinquent permit fees shall be increased by ten percent.

   (C)   Non-compliant obstruction. If the dimensions of the obstruction exceed the dimensions allowed by the permit, the permittee and the building owner shall jointly be assessed a fine equal to $1,000.00 per day for each violation, plus any appropriate additional fees for the obstruction.

   (D)   Inactivity. If three consecutive months of inactivity are found at a permitted site on the public way, the permittee and the building owner shall be jointly assessed, in addition to any above fees, a fine of not less than $1,000.00 nor more than $2,500.00 per day. The commissioner of transportation, the executive director of emergency management and communications and the commissioner of buildings shall be authorized to inspect the permittee's and the owner's books and records at any time during regular business hours to determine the period of inactivity, and shall have the authority to enforce this chapter.

(Added Coun. J. 12-4-02, p. 99026, § 7.1; Amend Coun. J. 12-15-04, p. 39840, § 1; Amend Coun. J. 12-7-05, p. 64870, § 1.9; Amend Coun. J. 11-19-08, p. 47220, Art. IX, § 1)

ARTICLE V-B. PROTECTION OF THE PUBLIC WAY AND PUBLIC PLACES (10-28-281.6 et seq.)

10-28-281.6 Protection required.

   (a)   When any person conducts a Type I or Type II activity on a building within the Central Business District, a heavy duty construction canopy shall be used to protect the public way or public place. At a minimum, the heavy duty construction canopy shall extend from the building up to the nearest public light pole, planter or other public structure, or fifteen feet, whichever is less. When necessary for the public to enter a building during a Type I or Type II activity, all entrances from the street to the building shall also be protected by a heavy duty construction canopy. The area required to be canopied can be altered by the commissioner, if, in his opinion, the height of the building and the type of work being conducted necessitates a larger or smaller canopied area.

   (b)   In all other circumstances, and when conducting a Type III activity, a light duty construction canopy shall be used, with the following exceptions:

      (1)   When the height of the building does not exceed three stories or 40 feet, a barricade located not less than ten feet from the building may be used in lieu of a light duty construction canopy.

      (2)   When the height of a building does not exceed four stories or 50 feet, a fence located not less than ten feet from the building may be used in lieu of a light duty construction canopy.

   (c)   The commissioner shall have the authority to require the use of a barricade, fencing or traffic cones in lieu of a construction canopy based on the duration of the obstruction or any traffic concerns which may be caused by the construction canopy.

(Added Coun. J. 12-4-02, p. 99026, § 7.1; Amend Coun. J. 12-7-05, p. 64870, § 1.9; Amend Coun. J. 11-19-08, p. 47220, Art. IX, § 1)

10-28-281.7 Fences and barricades.

   (a)   Fences shall be not less than six feet high of solid construction sheathed with one-inch lumber or other approved materials of equal strength.

   (b)   Barricades shall consist of substantial railings or other barriers which will effectively prevent public access to the barricaded area.

(Added Coun. J. 12-4-02, p. 99026, § 7.1)

10-28-281.8 Aprons.

   (a)   When additional stories are added to an existing building, an apron shall be provided at the level of the lowest additional story and maintained during the period when materials are being placed or handled on the street front.

   (b)   Aprons shall be constructed of not less than two layers of two-inch planking or of other approved materials of equal strength and shall be designed to support a superimposed load of not less than 250 pounds per square foot. Aprons shall extend not less than six stories from the building wall. Aprons shall slope downward toward the building wall or shall be provided with a substantial curb not less than 12 inches high at the outer edge.

   (c)   For a building exceeding four stories or 50 feet in height and intended to be demolished, one apron shall be constructed for each four stories above adjoining sidewalk grade with the lowest apron located in the third story.

(Added Coun. J. 12-4-02, p. 99026, § 7.1)

ARTICLE V-C. CONSTRUCTION CANOPIES (10-28-282 et seq.)