(A) It shall be unlawful for any person to make or to cause or permit to be made, any excavation under, or to remove or to cause or permit to be removed any earth, dirt or other formation from under that portion of any sidewalk lying between the outer curbline and any point in such sidewalk four feet distant from such curbline or under any alley within three feet of the centerline of such alley, or to construct or to cause or permit to be constructed, any wall or other structure under any sidewalk within four feet of such curbline or under any alley within three feet of the centerline of such alley; provided however, that the City Council may in their discretion, issue permits for the making of excavations under that portion of any sidewalk lying between the outer curbline and any point in such sidewalk four feet distant from such curbline and below a line parallel with and 12 feet distant beneath the surface of such sidewalk, and may also in their discretion issue permits to maintain any excavation heretofore lawfully made under that portion of any sidewalk lying between the outer curbline and any point in such sidewalk four feet distant from such curbline and above a line parallel with and distant 12 feet below the surface of such sidewalk. Any permits issued under the provisions of this division (A) may be revoked by the Council at any time it may become necessary to construct any sewer, water main or pipeline, or conduit or other public work of any kind, along, in or through the excavation constructed or maintained under the authority of such permit, and the city shall have the right to use any portion of any such excavation for the construction and maintenance of any said sewer, water main, pipeline, conduit or other public work or improvement. Any such excavation shall be so constructed and maintained as to afford lateral, sublateral, adjacent and overhead support of the surrounding embankments and structures satisfactory to the Council.
(B) Before such permit is issued a detailed plan of such excavation, showing the proposed location thereof, and all appurtenances thereto, shall be filed in the office of the City Clerk, and provided further, that the Council may in their discretion issue permits for the making of excavations under alleys for the purpose of installing and maintaining oil storage tanks as provided by this section. Every tank installed, constructed or maintained pursuant to any such permit shall be so constructed that the top thereof shall not be less than eight feet below the surface of the alley in which such tank is so installed, constructed or maintained. No such tank shall be of a size sufficient to contain more than 2,500 gallons, and shall be used only for the storage of crude petroleum or distillate for use as fuel in buildings. Any such permit may be revoked at any time by the Council and upon such revocation any tank so installed, constructed or maintained pursuant to any such permit shall be at once removed from such alley by the person owning, having charge of or using such tank. If at any time it becomes necessary to construct any sewer, water main, or other pipeline or conduit, or other public work of any kind along or in such alley, such tank, or such portion thereof as may be necessary, shall be so removed as to permit the construction of such sewer, water main, or other pipeline or conduit or other public work. If any such permit be revoked, or if it becomes necessary to remove any such tank or any portion thereof for the purpose of allowing the construction of such sewer, water main, or other pipeline or conduit or other public work, and the person owning, having charge of, or using such tank shall fail, refuse or neglect to remove the same within 20 days after service of notice by the Street Superintendent so to do, the Street Superintendent shall remove such tank or so much thereof as may be necessary for such purpose, and the city shall have the right to recover the cost of such removal from such person, firm or corporation. Before any such permit is issued a detailed plan of such tank and all appurtenances thereto shall be filed in the office of the Street Superintendent, which plan shall show the proposed location of such tank in such alley.
(`83 Code, § 12.08.140)