Upon compliance with all the terms, conditions and qualifications provided by this section and sections 25-58 and 25-59 of this Code, the inspection division of the department of public works shall issue a proper permit for the installation, use and operation of an under-sidewalk elevator. No permit shall issue and no such elevator shall be constructed, installed or used except under the following terms and conditions:
Sec. 25-60(1). The applicant has furnished and filed with the inspection division the insurance required in section 25-59 of this Code.
Sec. 25-60(2). The applicant has filed in the inspection division plans and specifications for the installation and construction of the undersidewalk elevator.
Sec. 25-60(3). No such under-sidewalk elevator shall be used and operated except during the hours between 9:30 p.m. and 7:00 a.m.
Sec. 25-60(4). The opening for the undersidewalk elevator shall be adjacent to the curb and as close thereto as is physically possible in order to minimize interference with the pedestrian traffic.
Sec. 25-60(5). The opening for the undersidewalk elevator shall be not less than twenty (20) feet from the corner property line at any street intersection.
Sec. 25-60(6). The under-sidewalk elevator shall be so designed that it can be opened only from street level, and that when open, guard rails, barricades, or other similar devices not less than four (4) feet in height from sidewalk level shall be provided so as to protect pedestrians.
Sec. 25-60(7). The under-sidewalk elevator shall be so located that there shall be in no case less than four (4) feet of clear, unobstructed walkway area remaining on the sidewalk.
Sec. 25-60(8). No two (2) under-sidewalk elevator openings shall be placed within twenty (20) feet of each other, except when the director of public works shall certify that closer proximity will create no public safety hazard.
Sec. 25-60(9). That each such elevator opening shall have a cover designed to carry not less than two hundred fifty (250) pounds per square foot; such covers must be flush with the surrounding sidewalk surface; such elevator cover shall be of such design as to be nonskid and prevent the same from becoming slippery when wet.
Sec. 25-60(10). The construction, design and installation as shown and proposed on the plans and specifications shall be such that there shall be no danger of damage to lateral support of surrounding earth or sidewalk area and of such materials and design that it will safely bear all strains, stresses and weight loads reasonably foreseeable.
Sec. 25-60(11). Whenever the under-sidewalk elevator shall not be necessary in connection with the business conducted on the abutting property, or shall remain unused in conjunction therewith, for a period of six (6) months or more, the city may cause the permit to be thereupon revoked and the elevator removed, and the opening and under- sidewalk space thereof restored to its former state at the expense of the applicant or his successor owner, after thirty (30) days' written notice therefor.
Sec. 25-60(12). Whenever the under-sidewalk space occupied by any such elevator is needed by the city for public purposes, the under-sidewalk elevator shall be removed by the owner at his sole expense upon sixty (60) days' written notice therefor; and in the event any such owner shall fail, neglect or refuse to comply with such notice, the city may remove the under-sidewalk elevator at the sole expense of the owner and the city shall have a cause of action for the necessary expense against the owner therefor.
Sec. 25-60(14). The under-sidewalk elevator and structure shall comply in construction and design with all provisions of the city building code [see section 6-34].
(1953 Code, ch. 24, § 12d; Ord. No. 2042, § 2, 3-20-61)