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(a) All work done under authority of the permit required by this article shall be inspected by a field service specialist designated by the commissioner of transportation.
(b) Immediately after the completion of the work done pursuant to the permit, the permittee shall forthwith restore any pavement or other materials displaced by reason of the work, and shall restore the surface of any public way or other public place which may be opened or otherwise disturbed; provided, however, that a permittee shall only be obliged to restore a bituminous surface if the permittee has not remitted to the comptroller the restoration fee assessed pursuant to this article. All of this work shall be done to the satisfaction of the commissioner of transportation, in accordance with public way restoration standards. These standards shall be in the form of regulations promulgated by the commissioner of transportation.
(c) Any permittee who fails to restore the pavement or other materials and the non-bituminous surface and, if applicable, the bituminous surface, of any public way or other public place, as required in subsection (b), by the time established by the commissioner of transportation shall be subject to a fine of $5000.00 for each day that such failure continues, and shall also be liable to the City of Chicago for any costs incurred by the city in arranging for or carrying out any such restoration upon expiration of the relevant deadline. The City of Chicago shall have the right, but not the obligation, to arrange for or carry out any such restoration upon expiration of the relevant deadline, and any action taken by the City of Chicago in arranging for or carrying out any such restoration pursuant to this section or other applicable provision of this chapter shall not relieve a permittee of liability for, or diminish a permittee's liability for, any condition created by, or created as a result of the acts or omissions of, the permittee.
(d) The insurance and letter of credit protections of this article shall apply to any amounts levied or incurred by the City of Chicago pursuant to this section.
(e) If work done under authority of the permit required by this article results in the removal of 60 percent or more of the sidewalk on a block of an impacted side of the street, as determined by the total linear footage of the block, the permittee shall contact the Commissioner of Transportation or the Commissioner’s designee to discuss coordination with the City on full restoration of the sidewalk on that block.
(Prior code § 33-3; Amend Coun. J. 7-13-88, p. 15000; Amend Coun. J. 12-11-91, p. 10925; Amend Coun. J. 1-14-97, p. 37762, § 13; Amend Coun. J. 9-27-07, p. 9188, § 1; Amend Coun. J. 11-16-11, p. 13798, Art. I, § 8; Amend Coun. J. 9-18-24, p. 16676, § 1)
Unless a specific penalty is otherwise provided, any person who shall injure or tear up any pavement, side or crosswalk, or any part thereof, dig any hole, ditch or drain in, or dig or remove any sod, stone, earth, sand or gravel from any public way or public ground in the city without having first obtained the necessary permit from the executive director of emergency management and communications and 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 $1,000.00.
(Prior code § 33-5; Amend Coun. J. 7-13-88, p. 15000; Amend Coun. J. 12-11-91, p. 10925; Amend Coun. J. 6-23-93, p. 34415; Amend Coun. J. 1-14-97, p. 37762, § 15; Amend Coun. J. 12-7-05, p. 64870, § 1.9; Amend Coun. J. 11-19-08, p. 47220, Art. IX, § 1; Amend Coun. J. 5-13-09, p. 61354, § 1)
Editor's note – Formerly § 10-20-050.
ARTICLE II. UNDERGROUND TRANSMITTING DEVICES (10-20-200 et seq.)
No person shall, without a permit in writing from the commissioner of transportation, place any shaft, cable, pipe, main, conduit, wire or other transmitting or conducting device underneath the surface of any public way in the city by driving the same through the earth underneath the surface of any such public way, or by boring or tunneling under any such public way.
Any person may tunnel under stone or concrete sidewalks which do not exceed six feet in width for the purpose of installing sewer drains not to exceed six inches in diameter; provided, that a permit in writing shall be obtained from the commissioner of transportation for such purpose.
The commissioner of transportation is authorized to remove, cause the removal or cut out all shafts, cables, pipes, mains, conduits, tubes, wires or other transmitting or conducting devices at any time laid or placed underneath the surface of any public way in violation of the provisions of this section.
(Prior code § 33-6; Amend Coun. J. 5-4-94, p. 49718; Amend Coun. J. 1-14-97, p. 37762, § 17; Amend Coun. J. 12-7-05, p. 64870, § 1.9; Amend Coun. J. 11-19-08, p. 47220, Art. IX, § 1)
If any person desires to lay any pipes, conduits, tunnels, wires or conductors or do any other underground work in any street which is to be improved by special assessment, such person shall lay such pipes, conduits, tunnels, wires or conductors and install such other underground work within 45 days after the confirmation of the assessment for the paving of such street in case such assessment is confirmed during the months of June or July, and if such assessment is confirmed during any other month, such pipes, conduits, tunnels, wires or conductors shall be laid and such other underground work installed within 60 days after the date of confirmation of such assessment; provided, however, that where such assessment is confirmed during the months of November, December, January and February, such period of 60 days shall be computed from the first day of March following; and provided, further, that whenever the public necessities require it, the commissioner of transportation may, in his discretion, grant to such person a period of time, not to exceed 15 days, in addition to said periods of 45 days and 60 days hereinbefore prescribed, within which to lay such pipes, conduits, tunnels, wires or conductors and install such other underground work. If such street be improved by any other method than by special assessment, such pipes, conduits, tunnels, wires or conductors shall be laid and other contemplated underground work shall be installed before the date of the completion of such improvement.
If such pipes, conduits, tunnels, wires or conductors are not laid, or if such other underground work is not done, within the time aforesaid, then, and in such event, such person shall, except as hereinafter provided, lay or do the same between the lot and curb lines or in the nearest alley contiguous to such paved street during the period of five years from and after the date of the acceptance of such improvement in such street by the proper authorities of the city; provided, that nothing herein contained shall preclude:
(a) The laying of service pipes, service conduits, service wires or service conductors used in connecting lots abutting on such street with the pipes, conduits, wires or conductors laid longitudinally in such streets.
(b) The repairs to pipes, conduits, tunnels, wires or conductors or to service pipes, service conduits, service wires or service conductors in such streets.
(c) The laying of pipes, conduits, tunnels, wires or conductors, or the doing of any other underground work in that portion of such street which lies between and opposite the entrance to any alley in which such pipes, conduits, tunnels, wires or conductors are laid, or in that portion of any street which intersects or crosses another street.
(d) The doing of any underground work in such portion of any street that is not paralleled by an alley within 250 feet from either side thereof and where the space, unobstructed by trees or other underground work, between the lot and curb lines, is less than four feet in width.
(e) The prompt and complete compliance on the part of the various transportation and street railway companies with the obligations and conditions imposed upon such several companies by the terms of the ordinances under and by virtue of which each of them claims the right of operating cars within the city, and nothing herein contained shall be construed as a waiver, restriction or granting of any right or as applying to the right-of-way of such several companies, as defined in said ordinances, so long as each right-of- way is paved, maintained and kept in good repair, as in said ordinances provided.
In no event shall the space between the lot line and the curb in any block in which there is in such space any excavation of any character, be used for the installation of any underground work, excepting service pipes, service conduits or service conductors.
(Prior code § 33-7; Amend Coun. J. 5-4-94, p. 49718; Amend Coun. J. 1-14-97, p. 37762, § 18; Amend Coun. J. 12-7-05, p. 64870, § 1.9; Amend Coun. J. 11-19-08, p. 47220, Art. IX, § 1)
When poles and wires are to be removed from any street, the person maintaining such poles or wires shall, upon notice from the executive director of emergency management and communications or the commissioner of transportation, install the necessary conduits for his wires and appliances in the manner hereinafter provided.
A combination conduit system shall be constructed consisting of such duct space as may be required by each person, the ducts for each to terminate in a separate manhole to which no one except such person's own employees shall have access. Only such persons as have an express grant from the city council authorizing a conduit system shall have the right to duct space.
A conduit in any street may be constructed by any one of the persons requiring duct space, but the option of constructing such conduit shall be with the person requiring the most space and paying the largest proportion of the cost.
(Prior code § 33-8; Amend Coun. J. 5-4-94, p. 49718; Amend Coun. J. 1-14-97, p. 37762, § 19; Amend Coun. J. 12-7-05, p. 64870, § 1.9; Amend Coun. J. 11-19-08, p. 47220, Art. IX, § 1)
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