10-28-530 Structural safety.

   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)

10-28-540 Care of sidewalks.

   Every person using the space under any sidewalk shall at his own expense and at all times keep such sidewalk in good and safe condition and repair and clear and free from all snow, ice, dirt, filth or other obstructions or encumbrances. All such repairing and cleaning shall be done in accordance with the regulations of the department of transportation.

   The Commissioner of Business Affairs and Consumer Protection, upon recommendation of the Commissioner of Transportation, shall order the revocation of the permit for failure to comply with any provision of this section. Revocation shall be in addition to any fines assessed.

(Prior code § 34-45; Amend Coun. J. 12-11-91, p. 10832; Amend Coun. J. 6-14-95, p. 2841; 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. 11-9-16, p. 36266, § 9)

10-28-550 Cesspool and explosives under sidewalk.

   No cesspool shall be constructed or located for use, or kept or operated, and no explosive substance or flammable oil or substance shall be stored or kept for any purpose under any sidewalk, and no excavation shall be ventilated into the public ways unless the aperture or ventilating hole or opening shall be securely covered as herein provided.

(Prior code § 34-46)

10-28-560 Liability for damages.

   The owner and the person in possession of the abutting premises, in front of which a coalhole or vault is constructed, shall be held jointly responsible to the city for any and all damages to persons or property in consequence of any defect in the construction of such vault or coalhole, or for allowing the same, or any portion thereof, to remain out of repair, and such owner shall be required to keep such vault or coalhole, its walls and coverings, in good order at all times.

   The owner and the person in possession of any premises abutting on such a coalhole or vault shall be held jointly responsible to the city for any and all damages occasioned to persons or property in consequence of the aperture in the sidewalk being left exposed and uncovered, or in consequence of the covering thereof being left insecure or unfastened.

(Prior code § 34-47)

10-28-570 Revocation of permits.

   A public way use permit for subsidewalk space use may be denied, revoked or canceled for any reason set forth in Section 10-28-015.

(Prior code § 34-48; 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)

10-28-575 Vault space.

   (a)   Every user of vault space, that is located under the public way and that has an area of at least 30 square feet and that is deeper than three feet below the surface grade of the public way, shall cause the vault to be inspected periodically under the certification of a licensed engineer. Vaults within the central business district, as defined in Chapter 9-4 of this Code, shall be inspected annually; vaults outside the central business district shall be inspected no less than once every three years. Required inspections shall be conducted at the vault user's expense. The user of the vault shall maintain records of inspections under this section for a period of three years, and shall make the records available for review by the department of transportation, the department of business affairs and consumer protection and the department of buildings on demand during regular business hours.

   (b)   If the inspection indicates the need for any repairs, alterations or other work, the vault user shall prepare a written report indicating the following: the location of the vault; the purpose for which the vault is used; the date of commencement of the work; the date of completion of the work; the nature of the work; and the name and address of each contractor performing any portion of the work. The report shall be filed with the department of transportation, the department of business affairs and consumer protection and the department of buildings in accordance with rules issued by those departments. In preparing the rules, those departments shall consider the purpose for which the vault space is used, the nature of equipment or items stored in a space, the proximity of vault space to the public way, and other factors that may affect public safety.

   (c)   Any vault user who fails to obtain a required inspection, or who fails to maintain inspection records or file a required inspection report, or who provides false or misleading information in an inspection report, shall be subject to a fine of not less than $200.00 and not more than $500.00 for each offense. Each day that a violation continues shall constitute a separate and distinct offense.

(Added Coun. J. 2-9-94, p. 45320; Amend Coun. J. 12-7-05, p. 64870, § 1.9; Amend Coun. J. 11-19-08, p. 47220, Art. V, § 5)

10-28-580 Reserved.

Editor's note – Coun. J. 1-13-10, p. 83228, § 1, repealed § 10-28-580, which pertained to violation of chapter and penalty.