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)

10-28-460 Reserved.

Editor's note – Coun. J. 1-13-10, p. 83228, § 1, repealed § 10-28-460, which pertained to application for a permit.

10-28-470 Reserved.

Editor's note – Coun. J. 1-13-10, p. 83228, § 1, repealed § 10-28-470, which pertained to a bond requirement.

10-28-480 Interference with sewers or water pipes.

   No person shall use the space under any such sidewalk in such a manner as to interfere with any sewer or water pipe or any other work lawfully in said public way, unless by the express consent of the commissioner of transportation and no public way use permit shall be granted until the applicant has paid to the city a sum of money sufficient in the judgment of the commissioner of water management to defray the cost and expense of renewing or rebuilding or relaying such sewer or water pipe or other public work and making the necessary connections therewith. Every such person disturbing any such sewer or water pipe or any other public work shall, within ten days thereafter, restore the same to such condition as will meet the approval of the commissioner of water management. When the commissioner of water management certifies that such sewer, water pipe, or other public work is so restored, the sum so paid to the city shall be refunded. If the permittee shall fail to so restore such sewer or water pipe or other public work, then the commissioner of water management shall cause the same to be restored in a manner meeting his approval, and the cost thereof shall be paid out of said deposit.

(Prior code § 34-39; Amend Coun. J. 12-11-91, p. 10832; Amend Coun. J. 12-4-02, p. 99026, § 1.11; Amend Coun. J. 1-13-10, p. 83228, § 1)

10-28-490 Reserved.

Editor's note – Coun. J. 1-13-10, p. 83228, § 1, repealed § 10-28-490, which pertained to permit fees.

10-28-500 Conveyance of premises.

   Any person issued a public way use permit for subsidewalk space use and who has conveyed his interest in the premises for which said permit is issued, shall notify the commissioner of business affairs and consumer protection, in writing, of the said conveyance and shall furnish, in writing, the name and address of the purchaser thereof. Upon the giving of such notice to the commissioner of business affairs and consumer protection, the conveyor or the purchaser may apply to the commissioner of transportation for a permit to close up any coalhole, trapdoor or other opening maintained in said sidewalk in a condition similar to the balance of the sidewalk in front of said premises. If the purchaser of the premises wishes to continue to use the subsidewalk space, he or she shall apply for a public way use permit.

   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.

(Prior code § 34-41; 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. 11-19-08, p. 47220, Art. V, § 5; Amend Coun. J. 1-13-10, p. 83228, § 1)