(A) Required.
(1) No person shall construct for use, except as otherwise provided in this subchapter, any space underneath the surface of any public way or other public ground in the city or construct, install, and maintain any structure thereunder or disturb the sidewalk or a public way or other public ground for the purpose of using, constructing, and maintaining any vault or structure thereunder or any coal hole, trap door, areaway, grating, hyatt light, or glass prisms or any other opening therein, without first obtaining a permit to do so from the Building Commissioner.
(2) No person shall use any space underneath any public way if, after written request by the Commissioner, any person now using any space shall fail to take out a permit for the use showing the structural soundness of the subsidewalk space construction as provided in this subchapter.
(Prior Code, § 97.115)
(B) Application. Application for permits for new construction under this subchapter shall be accompanied by a sketch or diagram showing the gross measurements of the vault to be constructed hereafter, together with all openings in the surface over the same and the sketch or diagram shall be approved by the City Engineer.
(Prior Code, § 97.116)
(C) Cancellation. Whenever any party holding a permit for the construction or maintenance of any sidewalk space shall desire to have the permit canceled, the Building Commissioner shall cancel the same, but the permit and the bond given therewith shall remain in full force and effect as to all rights and liabilities accruing under the same.
(Prior Code, § 97.117)
(D) Revocation.
(1) All permits issued for the use of subsidewalk space shall be subject to revocation in whole or in part by the Building Commissioner whenever it is necessary for a public purpose. The permittee or owner shall have the right to appeal to the Board of Public Safety from an adverse ruling of the Building Commissioner.
(2) No permit shall be issued except upon the agreement of the party to whom the same is issued that the vault or space, or any portion thereof, required to be vacated shall be vacated within 30 days after the Building Commissioner shall have given notice of revocation of the permit; provided, that the Board of Public Safety shall have the power to extend the time of vacation or revocation.
(3) Permits which shall be issued under this chapter may be revoked by the Board of Public Safety.
(Prior Code, § 97.118)