Chapter 12.08
SUBSIDEWALK SPACE
Sections:
12.08.020 Permit applications.
12.08.040 Revocation of permits.
12.08.060 Conveyance of premises.
12.08.110 Sidewalk maintenance.
12.08.010 Permit required.
It is unlawful to use any vault, space, room or structure under any street or sidewalk in the village, where the village owns the fee or has the power to control the use of such space, without having first secured a permit therefor as is required in this chapter. Such permits shall be issued by the village clerk and shall be signed by the village president with the approval of the board of trustees. No such permit shall be transferred excepting in accordance with the provisions of this chapter.
12.08.020 Permit applications.
Applications for a permit to use or maintain a vault, space, room or structure under any street or sidewalk in the village shall be made in writing to the village clerk, and shall state thereon specifically the size of the space intended to be used. Each application shall contain an agreement by the applicant to abide by the regulations contained in this chapter.
12.08.030 Fee.
The annual fee to be paid for such permits shall be twenty dollars for each four thousand cubic feet or fraction thereof included in the vault, room, space or structure used or maintained under the permit.
12.08.040 Revocation of permits.
Any permit issued under the provisions of this chapter may be revoked by order of the president and board of trustees for a violation of any of the provisions of this chapter.
12.08.050 Bond.
Each applicant shall file with the application a bond in the sum of fifty thousand dollars, with surety approved by the president and board of trustees, conditioned to save the village harmless from any liability resulting from or caused by such vault, space, room or structure. Whenever in the opinion of the president and board of trustees the sureties on such bond become insolvent or unlawful, different sureties may be required by order of the president and board of trustees.
12.08.060 Conveyance of premises.
Whenever any premises abutting on any such vault, space, room or structure for which a permit has been issued shall be conveyed or wherever the interest or lease or right of occupancy of the person holding the permit shall be transferred or conveyed, the grantee or transferee must make application for a transfer of the permit to him or it, and must furnish a bond as is required in RMC 12.08.050. A fee of two dollars shall be required for such transfer, and upon the payment of the fee and the full compliance with the contents thereof a new permit shall be issued.
12.08.070 Openings.
All openings through the sidewalk or street into any such vault, space, room or structure shall be kept covered and guarded. If the opening is a manhole or trapdoor, an adequate, strong metal cover must be provided and must be equipped with a rough surface so that there will be no danger of any pedestrian slipping on it. If a stairway is provided, the stairway must be properly guarded with a railing at least three feet high to protect pedestrians from injury.
12.08.080 Compliance.
A. Any person, firm or corporation using or maintaining any such vault, space, room or structure subject to the provisions of this chapter shall comply with the provisions of this chapter within ten days after this chapter comes into effect as an ordinance.
B. The board of trustees may authorize the superintendent of public works to close up any vault, space, room or structure for which no such permit has been obtained.
12.08.090 Prohibited uses.
No such vault, space, room or structure shall be used for the storage of explosives or flammable liquids, nor shall a cesspool be located therein.
12.08.100 Construction.
A. Such vaults, spaces, rooms or structures shall be firmly constructed so as to support the sidewalk or street over it or them, with the maximum load which the sidewalk or street will carry, with a margin of safety of fifty percent over its maximum load or weight.
B. The superintendent of public works shall inspect all such vaults, spaces, rooms or structures to see to the enforcement of the provisions of this section.
12.08.110 Sidewalk maintenance.
The surface of the sidewalk over any such structure shall be kept free of snow and ice, and free from all dirt and obstruction of any kind, by the person holding the permit. Any such person must keep the sidewalk over such structure in good repair.