(A) Definition. For the purpose of this section, the following definition shall apply unless the context clearly indicates or requires a different meaning.
MARQUEE. Any device or structure maintained or used as a canopy or sidewalk cover projecting from the side of any building over any public sidewalk, street or alley in the city.
(2009 Code, § 98.35)
(B) Permit required; compliance with chapter. No person shall construct, erect, install, maintain or use any marquee or canopy of any material whatever over any street, alley, sidewalk or other public way or place in the city without first having obtained and paid for and having in force and effect therefore a permit from the City Manager as provided herein, or without complying with all of the provisions of this section applicable thereto.
(2009 Code, § 98.36)
(C) Application for permit. Each application for a permit to erect a marquee or canopy shall be made in writing and shall contain the following information:
(1) Location of the building or structure to which the marquee or canopy is to be attached and the position thereof on the building or structure;
(2) The material to be used and the manner of construction;
(3) The written consent of the owner of the building, if the application is made by other than the owner; and
(4) A sufficient covenant by the applicant and the owner of the building to save the city harmless against liability on account of damage to or injury to any person or property on account of the construction, erection, installation, maintenance or use of the marquee or canopy.
(2009 Code, § 98.37)
(D) Liability insurance required. No permit shall be issued under this section until the applicant has filed with the city’s inspection office. The city’s inspection office may required proof of liability insurance, surety bond and/or worker’s compensation insurance at its discretion, before a permit being issued. The policy or bond shall carry an endorsement protecting the city as its interests may appear as the result of any accident or injury for which it might become in any manner liable. In the event the insurance or bond should be terminated for any reason, or the holder of any permit shall fail to keep the insurance or bond in force at any time, then the permit for the maintenance of the marquee or canopy shall automatically terminate and the marquee or canopy shall be forthwith removed. If not removed by the holder of the permit after 15 days’ written notice, then the marquee or canopy shall be removed or caused to be removed by the City Manager, and the expense thereof shall be recovered from the holder of the permit.
(2009 Code, § 98.38)
(E) Liability for erection. No person shall construct, erect, install, maintain or use any marquee or canopy located as stated in division (B) above unless it is constructed, erected, installed, maintained and used so that it shall not be a hazard to persons or property lawfully and prudently using, occupying or located on the streets, alleys, sidewalks or other public ways or places. Any person permitting any marquee or canopy to be erected on or attached to his or her building or other property, or causing the marquee or canopy to be constructed, erected, installed, maintained or used in any way, shall save the city harmless against any suit, action, claim, demand or liability, based on, connected with or arising out of, in any way, the construction, erection, installation, maintenance or use of the marquee or canopy. The action of any person in constructing, erecting, installing, maintaining or using a marquee or canopy or in permitting any other person to attach it to or to locate it on his or her building or other property in, on or over any public street, alley, sidewalk or other public way or place, whether with or without a permit from the city, shall constitute an acceptance of and consent to the provisions of this section.
(2009 Code, § 98.41)
(F) Specifications; attachment to buildings.
(1) All marquees shall be constructed in accordance with all applicable state building codes.
(2) The lowest point of any marquee support or appurtenance which extends over any street, alley, sidewalk or other public place shall be at least nine feet above any place used by pedestrians and not less than 15 feet above any place used for vehicles. The marquee shall not extend over any one sidewalk, measured from the building or be attached so as to obstruct any window, door, fire escape, stairway, ladder or any means of ingress to or egress from any building, nor shall any marquee be placed closer than five feet to any adjacent property. Refer to North Carolina Building Code, Ch. 32.
(2009 Code, § 98.42)
(G) Inspections; corrective actions. It shall be the duty of the City Manager to cause to be inspected at regular intervals every marquee or metal canopy which extends over any sidewalk, street, alley or other public way in the city. If the marquee or canopy is found to be insecurely fastened or otherwise dangerous, or in any way conflicts with the provisions of this subchapter, he or she shall report this fact to the owner of the building or to the occupant of the premises on which it is fastened. If the marquee or metal canopy is not made to comply within 30 days after notice, it may be removed or altered to comply, at the expense of the property owner.
(2009 Code, § 98.43)
(H) City’s right to remove. The city reserves the right to cause any marquee or canopy to be removed at the expense of the owner of the property to which it is attached, whenever the Planning Director or his or her designee determines that this action is necessary. Should any such marquee or canopy not be removed by the property owner, the City Manager shall cause it to be removed and the cost of removal shall be charged to the property as a special assessment.
(2009 Code, § 98.44)
(I) City’s disclaimer of liability. The acceptance of fees, issuance of a permit as provided in this section, shall not be deemed as assumption of liability by the city. The owner of any building or structure upon which a marquee or canopy is attached shall be liable for any actionable damages or injuries that may be caused to persons or property thereby.
(2009 Code, § 98.45) (Ord. 2021-Z-19, passed 6-22-2021) Penalty, see § 155.999