No person shall be allowed to keep or use the space beneath the sidewalk lying between lot line and curb line unless a permit therefor shall have been obtained from the governing body. Before any permit shall be granted, the applicant for that permit shall submit plans and specifications of any present or proposed construction to the Municipal Engineer. Should those plans or specifications be disapproved by the Engineer, no permit shall be granted therefor. All permits hereafter granted shall continue only upon the condition that the party receiving the same shall build, maintain, and keep in repair a sidewalk over the space used or constructed to be used and pay all damages that may be sustained by any person by reason of that use or by reason of that sidewalk being defective or in a dangerous condition. As a condition precedent to the issuance or continuance of any permit for the use of any space underneath the municipal sidewalks as herein contemplated, the governing body may require applicant to furnish a bond to the village as obligee for the benefit of any person or persons who may suffer any damage or damages by reason of that use. The bond shall be in that sum as the governing body, in its discretion, may designate.
(1991 Code, § 8-202) Penalty, see § 93.999