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(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.)
(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)
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