§ 11-608. Excavation and Construction In and Under the Sidewalks. 108
   (1)   Areaways. No areaway shall be constructed unless:
      (a)   a building permit has been obtained;
      (b)   it is covered with fixed iron gratings and is not enclosed by a railing;
      (c)   it does not project beyond the street line more than one-quarter of the width of the sidewalk, nor more than 3 feet in any case, provided that notwithstanding any restriction in this subsection 11-608(1)(c), an areaway may extend as far beyond the street line as may be required in order to comply with the applicable utility provider's requirements. 109
   (2)   Coal Holes. No coal hole shall be constructed unless:
      (a)   a building permit has been obtained;
      (b)   the outside edge of the frame of the coal hole does not project more than 3 feet beyond the street line.
   (3)   Footings.
      (a)   No footings of walls and piers shall project beyond the street line on streets used or proposed to be used for subways, elevated railways or other public improvements necessitating use of the bed of the street.
      (b)   On streets other than those in subsection 11-608(3)(a), the Department of Licenses and Inspections may allow a projection of not more than 3 feet if a building permit has been obtained.
         (.1)   Such a building permit shall be conditioned upon and shall contain the express provision that, in the event of any future public improvements necessitating the reclaiming of the bed of the street, the footing shall be removed by the permittee at his expense. 110
   (4)   Vaults Under the Streets. 111
      (a)   No vault shall be dug within street lines unless a permit has been obtained from the Department of Licenses and Inspections.
      (b)   No permit for digging and constructing a vault within street lines shall be granted unless the proposed vault conforms to the provisions of this Section and to the regulations of the Department of Streets.
      (c)   The Department of Streets may promulgate regulations governing the digging and construction of vaults within street lines.
      (d)   No vault shall extend beyond the curb line and the outside top shall not be less than 4 feet below the established grade of the sidewalk above the vault. 112
      (e)   The owners of the sidewalk under which a vault is to be dug shall enclose all fire plugs located on the premises so as to give them sufficient support and protect them from freezing. In case of injury to the fire plug caused by lack of proper precautions, the owner of the premises shall be responsible for all damages. 113
      (f)   The fee for a permit to dig and construct a vault is five dollars ($5.00) per front foot for vaults built 3 feet or more from the curb line and twenty-five dollars ($25) per front foot for vaults built less than 3 feet from the curb line.
   (5)   Openings into Pedestrian Concourses. 114
      (a)   License.
         (.1)   No person may make any opening into pedestrian concourses from properties which abut or are adjacent to the concourse unless a license has been obtained from the Department of Licenses and Inspections.
         (.2)   No license for an opening into the concourse shall be granted unless the proposed opening conforms to the requirements of this Section, regulations of the Department of Public Property and the Department of Streets, and all other ordinances or regulations of the City.
         (.3)   The license fee for constructing an opening into the concourse shall be one hundred dollars ($100).
      (b)   Duties and Obligations.
         (.1)   Licensee may use the opening for the pedestrian ingress and egress but not for the handling or receipt of fuel, merchandise in bulk, ashes or waste of any kind nor for any other purpose not specifically authorized.
         (.2)   Licensee shall, at his sole cost and expense, illuminate, maintain and perform all necessary repairs to the opening.
         (.3)   Licensee may construct and maintain show windows, doors and other display openings into the concourse. All plans and specifications for construction shall be submitted for written approval or disapproval of the Commissioner of Public Property prior to the issuance of a building permit to do the work. All show windows, doors and other display openings shall be kept clean, in good order and repair.
         (.4)   Licensee shall repair all damage resulting from the construction of the opening into the existing concourse structures, underground City utilities, concrete footway and base course, and all other existing appurtenances.
         (.5)   Licensee shall furnish public liability insurance against any damage or claims for damage arising out of the operation, maintenance, repair and construction of any windows, doors and other display openings into the concourse. All insurance shall be in form, content and amount satisfactory to the City Solicitor and shall name the City as a named insured.
         (.6)   The Commissioner of Public Property and the Streets Commissioner may decide in their sole judgment to terminate the license because the opening is contrary to the public interest or that licensee has failed to comply with any requirements of this Section. Within ninety (90) days after written notice of this decision from the City, licensee shall close the opening in the concourse and restore the concourse to its original condition.
         (.7)   No authorization granted under this ordinance shall be effective until the licensee enters into an agreement to comply with the terms of this ordinance, together with a bond with corporate surety in an amount determined by the City Solicitor to secure performance of the conditions of his license.

 

Notes

108
   Source: 1864 Ordinances, p. 357, § 12.
109
   Amended, Bill No. 180566 (approved October 17, 2018).
110
   Source: 1949 Ordinances, p. 238, § 1621; 1919 Ordinances, p. 73.
111
   Source: 1855 Ordinances, p. 246, as amended.
112
   Source: 1902 Ordinances, p. 76.
113
   Source: 1866 Ordinances, p. 37.
114
   Added, 1967 Ordinances, p. 1325.