10-28-415 Permit revocation.

   (a)   The Commissioner shall have the power to fine a permittee, and/or to suspend or revoke a Sidewalk Sign permit for good and sufficient cause if the Commissioner determines that the permittee or its employee or agent has violated any provision of this article, or any rule promulgated thereunder. Provided, however, that no permit shall be suspended or revoked unless the permittee is first given five days' written notice of a public hearing, which shall provide the permittee with an opportunity to appear and defend. Such public hearing shall be held before a hearing officer, who shall report his or her findings to the Commissioner. If, after such hearing, the Commissioner imposes a fine or suspends or revokes the Sidewalk Sign permit, the Commissioner shall, within 60 calendar days after the hearing is completed, (1) state the reason for such determination in a written order, and (2) serve a copy of such order upon the permittee.

   (b)   A permittee who wishes to appeal the Commissioner's written order may appeal to the Department of Administrative Hearings as follows:

      (1)   The permittee shall file an appeal with the Department of Administrative hearings within five business days after the date of the notice of the Commissioner's written order. If no appeal is filed within five business days of the date of the Commissioner's written order, that written order shall be deemed final.

      (2)   Upon the filing of such appeal, the Department of Administrative Hearings shall cause a hearing to be held within five business days, and based upon the evidence contained in the record of such hearing, either affirm or reverse the Commissioner's written order.

      (3)   Any final decision of the Department of Administrative Hearings shall be subject to judicial review in accordance with applicable law.

(Added Coun. J. 6-25-21, p. 31925, Art. VIII, § 3)

10-28-420 Surrender of decal.

   In the event of suspension, revocation, or other cancellation of a Sidewalk Sign permit, the permittee shall surrender to the Department any certificate or decal associated with such permit.

(Added Coun. J. 6-25-21, p. 31925, Art. VIII, § 3)

10-28-425 Violation – Penalties.

   (a)   Any person who violates any of the provisions of this article or rules promulgated thereunder shall be subject to a fine of not less than $200.00 nor more than $500.00 for each offense, and each day such a violation continues shall be deemed a separate and distinct offense.

   (b)   In addition to any other fine or penalty provided, any person who knowingly interferes with or impedes the Commissioner, Chicago Department of Transportation, or the Department of Streets and Sanitation in the enforcement of this article may be subject to incarceration for a term not to exceed six months.

   (c)   In addition to any other penalty provided herein, any Sidewalk Sign placed without a valid permit is subject to removal from the public way by the Commissioner, Chicago Department of Transportation, or the Department of Streets and Sanitation.

(Added Coun. J. 6-25-21, p. 31925, Art. VIII, § 3)

ARTICLE VIII. LAWN SPRINKLING SYSTEMS IN PUBLIC PARKWAYS (10-28-440 et seq.)

10-28-440 Permit required.

   The commissioner of transportation is authorized to issue permits for the installation and operation of lawn sprinkling systems in any parkway on request of the owner of adjacent property, subject to the following conditions:

   (a)   A sketch showing the proposed location and extent of the installation, including water pipe connections as approved by the commissioner of water management, shall be submitted with each application.

   (b)   A permit for water pipe connection shall be obtained from the department of water management after a parkway opening permit has been issued by department of transportation and the office of emergency management and communications.

   (c)   Installation shall be made by a plumber licensed and bonded by the City of Chicago.

   (d)   Applicant shall agree to maintain system in a manner that will insure that no portion of the system will protrude above the prevailing grade of the parkway.

   (e)   [Reserved.]

   (f)   During the course of installation, the permit shall be posted in a conspicuous location on the job site.

   (g)   Operation of the system shall be subject to any rule or regulation for the use of water issued from time to time by the commissioner of water management.

   No permit shall be issued until the foregoing conditions of subsections (a), (c) and (d) of this section have been complied with to the satisfaction of the commissioner of transportation. The violation of any of the provisions of this section at any time may be cause for revocation of permit.

   In addition to the permit required by this section, a public way use permit shall be required prior to the installation of any lawn sprinkling system.

(Prior code § 34-35.1; Amend Coun. J. 5-4-94, p. 49718; Amend Coun. J. 12-4-02, p. 99026, § 1.11; Amend Coun. J. 12-7-05, p. 64870, § 1.9; Amend Coun. J. 1-13-10, p. 83228, § 1)

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)