(a) No part of the top or wearing surface of any sidewalk in any public way in the city shall be composed of any nonstandard surface. Provided, however, that the commissioner of transportation may approve the use of a non-standard surface on such sidewalk if the adjacent property owner files with the commissioner of transportation proof of commercial general liability insurance against any liability, loss or claim arising by reason or on account of any defect in the construction or design of a sidewalk incorporating a nonstandard surface, or by reason or on account of the failure to maintain said sidewalk in good condition and repair. Such insurance shall: (1) be issued by an insurer authorized to insure in Illinois, (2) be in an amount no less than $1,000,000.00 per occurrence for bodily injury, personal injury and property damage, (3) name the City of Chicago, its officers, employees and agents as additional insured on a primary, noncontributory basis for any liability arising directly or indirectly from the permittee's operations, (4) provide for written notice to the commissioner of transportation within 30 days of any lapse, cancellation or change in coverage by the adjacent property owner or any grantee, successor, assigns or subsequent owner of the property, and (5) be kept in force as long as said sidewalk shall exist in the form described in this section. If at any time while said sidewalk exists in this form such insurance shall not be in full force and effect, the authority and privileges herein granted shall thereupon cease.
(b) In addition to the requirements stated above, and apart from and separate from any insurance requirement under this section, as a condition for permitting the installation of a non-standard sidewalk, the applicant, the adjacent property owner, or any grantee, successor, assignee or subsequent owner shall indemnify, defend, and hold harmless the city against all liabilities, judgments, costs, damages and expenses which may in any way come against said city by reason or on account of such construction or of any defect in the construction of said sidewalk or by reason or on account of the failure to maintain said sidewalk in good condition and repair; provided, however, that nothing in this paragraph shall be held to apply to any nonstandard surface approved by the commissioner of transportation. The commissioner of transportation in his or her discretion may require, instead of such insurance, any alternative form of indemnity, protection or security that the commissioner deems necessary to accomplish the above-described purposes.
(c) In addition to, and apart from and separate from, the requirements stated above, the initial grantee, and the initial grantee's successors, assignee or subsequent owner of the right to install a non-standard sidewalk surface shall maintain the sidewalk in good condition and repair.
(d) The initial grantee, and the initial grantee's successors, assignee or subsequent owner of the right to install a non-standard sidewalk surface shall inform the commissioner of transportation within 30 days of any transfer of the property adjacent to the non-standard sidewalk and shall further inform the commissioner of the name and contact information of the initial grantee's successor.
(e) The initial grantee, and the initial grantee's successors, assignee or subsequent owner of the right to install a non-standard sidewalk surface shall inform, in writing with a copy to the commissioner of transportation, the purchaser of the property of the obligation to maintain and insure the nonstandard sidewalk consistent with the provisions of this section.
(f) Any nonstandard surface as part of the top or wearing surface of any sidewalk in any public way authorized pursuant to this section shall not require the issuance of a public way use permit pursuant to Section 10-28-010.
(Prior code § 33-37; Amend Coun. J. 5-4-94, p. 49718; Amend Coun. J. 1-14-97, p. 37762, § 43; Amend Coun. J. 1-13-10, p. 83228, § 5; Amend Coun. J. 10-28-15, p. 11951, Art. VI, § 33; Amend Coun. J. 11-16-16, p. 37901, Art. II, § 33)