ARTICLE IX. USE OF SUBSIDEWALK SPACE (10-28-450 et seq.)

10-28-450 Permit required.

   (a)   For purposes of Sections 10-28-450 through and including 10-28-580, the following definitions apply:

   “Public way use permit”, “subsidewalk space use” and “subsidewalk space” have the same meaning ascribed to those terms in Section 10-28-010.

   (b)   Any subsidewalk space use by a person shall require a public way use permit. It shall be the duty of the owner of the property which abuts the public way or other public place to obtain the public way use permit for subsidewalk space use. Nothing in this section shall authorize any person to make an opening in, or construct or repair any pavement in the public way or other public place unless such person holds a public way work license if such a license is required by Chapter 10-20 of this Code.

   Unless otherwise provided in this Article IX, the provisions of Sections 10-28-010 through and including 10-28-017 shall be applicable to public way use permits for subsidewalk space use.

   (c)   An application for a public way use permit for subsidewalk space use shall be made in accordance with Section 10-28-015 and the fees for such use shall be as set forth in Section 10-28-017. The commissioner of business affairs and consumer protection shall forward a copy of an application for subsidewalk space use to the commissioner of transportation within three days after receipt of the application.

   (d)   The number, location, size, construction and maintenance of all coalholes, trapdoors or other openings in the public ways and the construction and maintenance of all vaults shall be under the direction and subject to the approval of the commissioner of business affairs and consumer protection.

   (e)   No public way use permit shall be issued for the use of any space under the surface of the roadway of any public way or other public place.

(Prior code § 34-36; Amend Coun. J. 12-11-91, p. 10832; Amend Coun. J. 12-15-99, p. 21529, § 6; Amend Coun. J. 7-27-05, p. 53211, § 1; Amend Coun. J. 5-9-07, p. 105047, § 17; Amend Coun. J. 11-19-08, p. 47220, Art. V, § 5; Amend Coun. J. 1-13-10, p. 83228, § 1)

10-28-460 Reserved.

Editor's note – Coun. J. 1-13-10, p. 83228, § 1, repealed § 10-28-460, which pertained to application for a permit.

10-28-470 Reserved.

Editor's note – Coun. J. 1-13-10, p. 83228, § 1, repealed § 10-28-470, which pertained to a bond requirement.

10-28-480 Interference with sewers or water pipes.

   No person shall use the space under any such sidewalk in such a manner as to interfere with any sewer or water pipe or any other work lawfully in said public way, unless by the express consent of the commissioner of transportation and no public way use permit shall be granted until the applicant has paid to the city a sum of money sufficient in the judgment of the commissioner of water management to defray the cost and expense of renewing or rebuilding or relaying such sewer or water pipe or other public work and making the necessary connections therewith. Every such person disturbing any such sewer or water pipe or any other public work shall, within ten days thereafter, restore the same to such condition as will meet the approval of the commissioner of water management. When the commissioner of water management certifies that such sewer, water pipe, or other public work is so restored, the sum so paid to the city shall be refunded. If the permittee shall fail to so restore such sewer or water pipe or other public work, then the commissioner of water management shall cause the same to be restored in a manner meeting his approval, and the cost thereof shall be paid out of said deposit.

(Prior code § 34-39; Amend Coun. J. 12-11-91, p. 10832; Amend Coun. J. 12-4-02, p. 99026, § 1.11; Amend Coun. J. 1-13-10, p. 83228, § 1)

10-28-490 Reserved.

Editor's note – Coun. J. 1-13-10, p. 83228, § 1, repealed § 10-28-490, which pertained to permit fees.

10-28-500 Conveyance of premises.

   Any person issued a public way use permit for subsidewalk space use and who has conveyed his interest in the premises for which said permit is issued, shall notify the commissioner of business affairs and consumer protection, in writing, of the said conveyance and shall furnish, in writing, the name and address of the purchaser thereof. Upon the giving of such notice to the commissioner of business affairs and consumer protection, the conveyor or the purchaser may apply to the commissioner of transportation for a permit to close up any coalhole, trapdoor or other opening maintained in said sidewalk in a condition similar to the balance of the sidewalk in front of said premises. If the purchaser of the premises wishes to continue to use the subsidewalk space, he or she shall apply for a public way use permit.

   Nothing in this section shall authorize any person to make an opening in, or construct or repair any pavement in the public way or other public place unless such person holds a public way work license if such a license is required by Chapter 10-20 of this Code.

(Prior code § 34-41; Amend Coun. J. 12-11-91, p. 10832; Amend Coun. J. 12-15-99, p. 21529, § 6; Amend Coun. J. 7-27-05, p. 53211, § 1; Amend Coun. J. 11-19-08, p. 47220, Art. V, § 5; Amend Coun. J. 1-13-10, p. 83228, § 1)

10-28-510 Cancellation of previous permit.

   Any person issued a public way use permit for subsidewalk space use who wishes to cancel or terminate the permit shall notify the commissioner of business affairs and consumer protection in writing and the commissioner shall cancel the permit, but the required insurance shall remain in full force and effect until: (i) the public way use authorized by the permit is removed; (ii) the public way is restored to the satisfaction of the commissioner of transportation; and (iii) all fees due the city have been paid.

(Prior code § 34-42; Amend Coun. J. 12-11-91, p. 10832; Amend Coun. J. 12-7-05, p. 64870, § 1.9; Amend Coun. J. 11-19-08, p. 47220, Art. V, § 5; Amend Coun. J. 1-13-10, p. 83228, § 1)

10-28-520 Covers over openings.

   Every opening in any vault or coalhole or aperture in the sidewalk over such coalhole or vault shall be covered with a substantial iron plate with a rough surface to prevent accidents, and the entire construction of coalholes and vaults shall be subject to the direction and supervision of the commissioner of transportation or such other person as the city council may designate.

   No person shall remove or insecurely fix, or cause, or procure, or permit to be removed or to be insecurely fixed so that the same can be moved in its bed, any grate or covering of any coalhole, vault, or chute under any public way or other public place; provided, that nothing herein contained shall prevent the owner or occupant of the building with which such coalhole, vault, or chute shall be connected from removing the grate or covering for the proper purpose of such opening, in case he encloses such opening or aperture, and keeps the same enclosed while such grate or covering shall be removed, with a strong box or curb at least 24 inches high, firmly and securely made; provided further, that he shall not remove such grate or covering until after sunrise of any day and shall replace such grate or covering before one- half hour after sunset.

   It shall be unlawful for any person owning or using any coalhole, sidewalk lift, outside stairway, or other opening in any public sidewalk to allow the same to remain uncovered or opened, except while the same is actually being used for the purpose of entrance or exit or for the purpose of introducing or removing any article through such opening; and it shall be unlawful to use a sidewalk lift, or trap door, between the hours of 7:30 a.m. and 9:00 a.m., also between 11:30 a.m. and 1:30 p.m., and between 5:00 p.m. and 7:00 p.m.; and in the area bounded on the east by the west line of Michigan Avenue, on the south by the south line of Van Buren Street, on the west by the east line of Wacker Drive, and on the north by the south line of Wacker Drive, it shall be unlawful to use any sidewalk lift or trapdoor which serves any building which has access by means of an adjacent alley between the hours of 8:00 a.m. and 6:00 p.m. weekdays, Monday through Friday except New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day; and it shall be unlawful to use any sidewalk lift or trapdoor which serves any building which has no access by means of an adjacent alley between the hours of 8:00 a.m. and 9:00 a.m., also between 11:30 a.m. and 1:30 p.m. and between 4:30 p.m. and 6:00 p.m. weekdays, Monday through Friday, except New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day. Sidewalk lifts or trapdoors excepted by permits issued by the commissioner of transportation are exempt from the provisions of this section. Any person violating this provision shall be fined not less than $10.00 nor more than $200.00 for each offense.

(Prior code § 34-43; Amend Coun. J. 12-11-91, p. 10832; Amend Coun. J. 5-4-94, p. 49718)

10-28-530 Structural safety.

   If a vault, coalhole or other space under a public sidewalk, or opening in a sidewalk, becomes hazardous to pedestrian traffic or to other public or private property, the commissioner of transportation may fill in and permanently seal the underground space and restore the sidewalk. If the property abutting the sidewalk is devoted to commercial, industrial or business use, the owner and person in possession of the property abutting the sidewalk shall be responsible for the cost of such work.

(Prior code § 34-44; Amend Coun. J. 12-11-91, p. 10832; Amend Coun. J. 5-4-94, p. 49718)