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Except where sidewalks are to be laid in accordance with the provisions of special assessment or special taxation ordinances, it shall be unlawful for any person to construct, lay or rebuild any sidewalk on any portion of the public ways of the city otherwise than in compliance with specifications that the commissioner of transportation shall promulgate and prescribe in regulations. Each day that such sidewalk shall remain so constructed, laid or rebuilt in violation of such specifications shall constitute a separate and distinct offense.
(Prior code § 33-24; Amend Coun. J. 1-14-97, p. 37762, § 41)
(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)
Before the top or finishing of concrete walks has set, the contractor or person building the walk shall place in such walk in front of each lot or parcel of property a stamp or plate giving the name and address of the contractor or person building the walk and the year in which the work was done. The top of said plate or stamp, which must not cover more than 54 square inches of surface, shall be flush and even with the top of the finished walk, and must be of a permanent character plainly stamped or firmly bedded in the concrete in such a manner that it cannot become loose or be easily removed or defaced.
Wherever one contractor or person has laid walks in front of three or more adjoining lots or parcels of property in one continuous stretch, one of the above named stamps placed in the walk at each end of said stretch of walk will be sufficient.
(Prior code § 33-38; Amend Coun. J. 1-14-97, p. 37762, § 44)
All walks, except full-width walks, shall be laid on a line one foot from the parallel with the lot line, unless otherwise ordered by special ordinance; provided however, that no ordinance for special sidewalk line shall be passed that does not cause uniform alignment of sidewalks on both sides of the street for a distance of not less than 1,200 lineal feet; provided, further, that where a definite sidewalk line is established in a block by cement sidewalks laid prior to the twenty-third day of March, 1904, such line established by the walks already laid shall be followed for the remainder of the block.
(Prior code § 33-39; Amend Coun. J. 1-14-97, p. 37762, § 45)
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