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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)
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)
Any person issued a public way use permit for subsidewalk space use who wishes to cancel or terminate the permit shall notify the commissioner of business affairs and consumer protection in writing and the commissioner shall cancel the permit, but the required insurance shall remain in full force and effect until: (i) the public way use authorized by the permit is removed; (ii) the public way is restored to the satisfaction of the commissioner of transportation; and (iii) all fees due the city have been paid.
(Prior code § 34-42; Amend Coun. J. 12-11-91, p. 10832; Amend Coun. J. 12-7-05, p. 64870, § 1.9; Amend Coun. J. 11-19-08, p. 47220, Art. V, § 5; Amend Coun. J. 1-13-10, p. 83228, § 1)
Every opening in any vault or coalhole or aperture in the sidewalk over such coalhole or vault shall be covered with a substantial iron plate with a rough surface to prevent crashes, and the entire construction of coalholes and vaults shall be subject to the direction and supervision of the commissioner of transportation or such other person as the city council may designate.
No person shall remove or insecurely fix, or cause, or procure, or permit to be removed or to be insecurely fixed so that the same can be moved in its bed, any grate or covering of any coalhole, vault, or chute under any public way or other public place; provided, that nothing herein contained shall prevent the owner or occupant of the building with which such coalhole, vault, or chute shall be connected from removing the grate or covering for the proper purpose of such opening, in case he encloses such opening or aperture, and keeps the same enclosed while such grate or covering shall be removed, with a strong box or curb at least 24 inches high, firmly and securely made; provided further, that he shall not remove such grate or covering until after sunrise of any day and shall replace such grate or covering before one- half hour after sunset.
It shall be unlawful for any person owning or using any coalhole, sidewalk lift, outside stairway, or other opening in any public sidewalk to allow the same to remain uncovered or opened, except while the same is actually being used for the purpose of entrance or exit or for the purpose of introducing or removing any article through such opening; and it shall be unlawful to use a sidewalk lift, or trap door, between the hours of 7:30 a.m. and 9:00 a.m., also between 11:30 a.m. and 1:30 p.m., and between 5:00 p.m. and 7:00 p.m.; and in the area bounded on the east by the west line of Michigan Avenue, on the south by the south line of Van Buren Street, on the west by the east line of Wacker Drive, and on the north by the south line of Wacker Drive, it shall be unlawful to use any sidewalk lift or trapdoor which serves any building which has access by means of an adjacent alley between the hours of 8:00 a.m. and 6:00 p.m. weekdays, Monday through Friday except New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day; and it shall be unlawful to use any sidewalk lift or trapdoor which serves any building which has no access by means of an adjacent alley between the hours of 8:00 a.m. and 9:00 a.m., also between 11:30 a.m. and 1:30 p.m. and between 4:30 p.m. and 6:00 p.m. weekdays, Monday through Friday, except New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day. Sidewalk lifts or trapdoors excepted by permits issued by the commissioner of transportation are exempt from the provisions of this section. Any person violating this provision shall be fined not less than $10.00 nor more than $200.00 for each offense.
(Prior code § 34-43; Amend Coun. J. 12-11-91, p. 10832; Amend Coun. J. 5-4-94, p. 49718; Amend Coun. J. 11-17-21, p. 41319, Art. VI, § 1)
If a vault, coalhole or other space under a public sidewalk, or opening in a sidewalk, becomes hazardous to pedestrian traffic or to other public or private property, the commissioner of transportation may fill in and permanently seal the underground space and restore the sidewalk. If the property abutting the sidewalk is devoted to commercial, industrial or business use, the owner and person in possession of the property abutting the sidewalk shall be responsible for the cost of such work.
(Prior code § 34-44; Amend Coun. J. 12-11-91, p. 10832; Amend Coun. J. 5-4-94, p. 49718)
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