[R. O. 1947, ch. 26, § 1; Ord.
No. 1092, § XVI, 11-25-2014]
No person shall construct or maintain any area or vault for
light and air or for the storage of coal, merchandise or other articles
under the surface of any street or sidewalk, without first obtaining
a written permit therefor from the Commissioner of Public Services,
which permit shall contain such restrictions and conditions as to
the dimensions and location of the proposed structure and as to the
weight and character of its materials and its method of construction
as such commissioner may deem necessary for the safety and convenience
of the public.
[R. O. 1947, ch. 26, § 2; Ord.
No. 1092, § XVII, 11-25-2014]
Whoever obtains the permit prescribed in the preceding section
shall, during the entire progress of the work of excavation and construction
authorized thereby, cause the street or sidewalk to be guarded by
suitable fences and properly lighted at night, and on completion of
such work shall restore and reconstruct to the satisfaction of the
Commissioner of Public Services so much of the surface of such street
or sidewalk as shall have been disturbed thereby.
[R. O. 1947, ch. 26, § 3; Ord.
No. 1092, § XVIII, 11-25-2014]
The Commissioner of Public Services shall issue no permit under the provisions of section 20-39 until the applicant therefor shall execute and deliver to the city a bond in the sum of $5,000, in such form as the city solicitor may approve and with surety satisfactory to the Commissioner of Public Services, conditioned upon the proper fulfillment of all terms, requirements and conditions contained in such permit and of all the provisions of this article, and also conditioned to indemnify and save harmless the city from all actions, suits and claims whatsoever arising from the construction or maintenance of the structure authorized by such permit.
[R. O. 1947, ch. 26, § 4; Ord.
No. 1092, § XIX, 11-25-2014; Ord. No. 1158, § VI, 9-29-2015]
No approval on the part of the Commissioner of Public Services
of any materials, dimensions or method of construction shall in any
way relieve any person maintaining any structure regulated by this
article from full responsibility for its proper construction and maintenance.
[R. O. 1947, ch. 26, § 5; Ord.
No. 1092, § XX, 11-25-2014]
No easement shall be acquired in any street by the maintenance of any structure permitted under the provisions of section 20-39, however long the same may be continued, and the privilege so exercised shall at all times be subject to the rights of the public. Whenever all or any part of the space occupied by any such structure shall, in the opinion of the Commissioner of Public Services or other appropriate authority, be needed for laying sewers or water pipes, or for any other public purpose, the person maintaining such structure shall, without expense to the city, remove the same or make such alterations therein as may be required by such commissioner and shall in no event be entitled to damage or compensation therefor.
