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New applications for permit to newly construct sub-space will no longer be accepted by the City.
Application for a Construction Permit must be made by the owner to the Commissioner upon such forms as shall be prepared therefor. Such application must be accompanied by:
(a) A detailed plan of the existing sub-space, setting forth in detail the walls thereof, the supports of the street pavement, or surface over the same, and such other details as are necessary to acquaint the Commissioner with the full details of the proposed re-construction, removal, modification, repair or abandonment of the sub-space.
(b) An agreement containing terms and conditions as required by the Commissioner and Director of Law executed by the owner, which shall run with the land (at the owner's expense) and be binding on all Persons having any interest in the real estate concerned. Such agreement in substance shall include, without limitation, that the owner will maintain the surface of the public way above the sub-space in a safe and substantial condition, will comply with all ordinances and rules with reference thereto; that upon revocation of the Construction Permit or Sub-space Occupancy Permit or upon demolition of the structure on the premises adjoining the sub-space, such sub-space will be completely filled and the surface of the pavement restored within thirty (30) days from such revocation or demolition; that they will indemnify the City, its officers, agents and employees and any and all other Persons of and from any and all damages by reason of the failure on the part of the Owner to comply with the provisions of this chapter, and that upon failure so to do any cost or expense incurred by the City in connection therewith shall become a lien upon the specific premises. Such agreement shall provide that the Owner shall reimburse the City any additional expense incurred by the City in the installation, removal or relocation of municipally-owned public utilities, police and fire alarm systems and traffic control system, necessitated by the existence and use of such sub-space.
(c) Satisfactory evidence of the title or interest of the Owner, which such evidence shall show all Persons having any interest in such real estate.
(d) A public liability insurance policy issued by a solvent insurance company , making the City a coassured therein, or bond to the City with sureties satisfactory to the City, in an amount determined by the Director and indemnifying and holding harmless the City, its officers, agents and employees from any and all damages or claims arising from or growing out of the construction, use or maintenance of such sub-space and of the pavement of the Street over the same.
(e) The fee hereinafter specified for the issuance of the Construction Permit, the Sub-space Occupancy Permit fee, and the fee for recording the agreement mentioned in subsection (b) hereof.
(Ord. 339-12. Passed 7-17-12.)
Subject to Section 913.09 of the Municipal Code, the Commissioner shall cause such inspection of the sub-space to be made as shall be necessary to see that the same was constructed in accordance with the plans submitted therefor. The Sub-space Occupancy Permit shall be subject to revocation as hereinafter set forth and until revoked shall authorize the owner to use such sub-space as approved by the Commissioner, providing such sub- space shall be maintained by the owner as required by this chapter and by the Commissioner and, further, that the owner shall observe all of the terms and conditions of this chapter, and shall further obligate the Owner to pay the annual Sub-space Occupancy Permit fees which are hereinafter provided until such sub-space shall have been filled and the surface of the street above the same restored and as required by this chapter.
(Ord. 339-12. Passed 7-17-12.)
(a) The fee for the Construction Permit of the Municipal Code shall be determined by the Director. The size of sub-space, the dimensions of the walls, partitions and supports shall be included as a part of the space occupied by such sub-space.
(b) No person shall construct sub-space, abandon sub-space, or perform any sidewalk repair (in accordance with Chapters 1305 and 911 of the Municipal Code) on any sub-space in the City until and unless a Construction Permit shall have first been obtained as set forth herein; nor shall any person in the City excavate for, or re-construct, erect or install any wall, ceiling, arch, support or other work under any street without first obtaining a permit in accordance with Chapter 1305 of the Municipal Code therefor from the Department of Inspection.
(Ord. 339-12. Passed 7-17-12.)
All outstanding permits validly issued under Ordinance 124-44 and prior to the effective date of this ordinance are continued in effect for the term for which they were issued, and shall be subject to the provisions of this chapter, including, without limitation, renewal and revocation.
(Ord. 339-12. Passed 7-17-12.)
The Commissioner shall keep a record of the Sub-space Occupancy and Construction Permits issued for the construction or use of sub-space and shall also keep a record of any and all inspections made of each Sub-space in the City.
(Ord. 339-12. Passed 7-17-12.)
The Commissioner shall cause all sub-space to be frequently inspected for the purposes of determining that all sub-space in the City is maintained in a safe, substantial condition and in accordance with the provisions of this chapter and the Commissioner and such administrative rules and regulations as may be promulgated hereunder. If during the City inspection, a sub-space is found to be in disrepair, the City may notify the owner. Failure of such owner to repair as ordered in the notice shall cause the revocation of the Sub-space Occupancy Permit and possible temporary closure of the sidewalk above the sub-space. It shall be a violation of this section for the owner to permit a sub-space to be or become unsafe or insecure as determined by the Commissioner.
(Ord. 339-12. Passed 7-17-12.)
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