(a) Applications for permits to place advertising benches at particular locations shall be made by the contractor to the commissioner on forms provided by him for such purpose. Each application shall contain the proposed location of the advertising bench, a brief description of the size and shape of the bench and a drawing showing the exact proposed placement of the bench at the location. The application shall be reviewed by the department to insure that the proposed location and placement are in conformity with this article and with rules and regulations governing the placement of such benches in the public way promulgated pursuant to Section 10-28-690. Within ten business days of receiving any application, the commissioner shall notify the alderman of the ward in which the bench is proposed to be placed, who shall respond in writing with his specific objections, if any, within 15 days of receiving such a notice.
(b) If the commissioner determines that the proposed location of the advertising bench is in compliance with this article and all rules and regulations adopted pursuant thereto, he shall issue a permit to the contractor for the bench. A permit shall be valid for the duration of the contract unless the permit is terminated by the commissioner for any violation of this article or for any other reason specified in this article. Permits shall be nontransferable, and any attempt to transfer such a permit shall result in the immediate expiration of the permit. The monthly fee for placing or maintaining an advertising bench on the public way shall apply from the first day of the month following the month in which the permit is issued. The fee shall be paid each month or on such other periodic basis that the commissioner may establish by rule.
(c) Each contractor shall provide proof to the commissioner that such contractor has obtained commercial general liability insurance with limit of not less than $300,000.00 per occurrence for bodily injury, personal injury and property damage in connection with all of the contractor's advertising benches, naming the City of Chicago as additional insured on a primary, noncontributory basis for any liability arising directly or indirectly from the permittee's operations. The aggregate amount of the insurance shall be an amount determined by the city comptroller, office of risk management, to be sufficient to cover all potential liability arising from the placement of the advertising benches.
No insurance policy shall be subject to cancellation except upon 30 days' prior written notice to the commissioner. A contractor shall maintain his insurance coverage so long as he keeps any advertising bench upon a public way. The term of any such policy shall be at least for the duration of any permit for any advertising bench issued to the contractor. Upon the termination or lapse of the contractor's insurance coverage, any permit issued to him shall expire.
(d) A contractor who applies for one or more permits shall post a cash bond with the city comptroller in an amount specified in the contract for the purpose (1) of assuring the prompt removal of any advertising bench upon expiration and nonrenewal of its permit or whenever ordered or required to remove an advertising bench pursuant to any provisions of this Code or the contract, and (2) of repairing any damage to the public way caused by the presence of any advertising bench placed by the contractor. The cost to the city of removing any such bench or making such repairs shall be deducted from the contractor's bond.
Whenever the commissioner assesses a cost against a contractor's bond, he shall provide him at least ten days' advance notice and inform him of his right to appeal and the manner of appealing the assessment in a public hearing in accordance with rules and regulations promulgated pursuant to Section 10-28-690. A contractor shall restore any amounts properly deducted from his bond within ten days after the deduction is made. Bonds shall remain with the comptroller for 90 days after the contractor certifies to the commissioner that all advertising benches maintained by the contractor have been removed following the expiration or relinquishment of the contractor's last permit. Any balance remaining shall thereafter be promptly refunded.
(e) Each advertising bench shall exhibit the permit issued for that location in permanently painted characters of at least one inch in height with one-fourth inch stroke in a contrasting color. Any bench failing to exhibit such information in the appropriate form may be removed pursuant to this article.
(f) Whenever any advertising bench placed lawfully upon the public way by the contractor endangers public safety or property or becomes a public nuisance, or whenever construction or a change in the configuration of the public way necessitates the removal or relocation of such bench, or whenever the condition or placement of such bench is not in compliance with this article, the commissioner shall order the contractor to remove or relocate the bench at the contractor's expense, or shall cause the bench to be removed at the contractor's expense after giving the contractor ten days' written notice.
(Added Coun. J. 12-19-90, p. 28705; Amend Coun. J. 10-28-15, p. 11951, Art. VI, § 36; Amend Coun. J. 11-16-16, p. 37901, Art. II, § 36)