12.12.150 Permits for use of subsidewalk space.
Permits for the use of subsidewalk space shall be granted only by the city council and such applications and permits therefor must be made upon blanks and subject to such regulations as the city council may require.
A. The city reserves the right to control the place of deposit of all subsidewalk excavations and to revoke the permit at the pleasure of the council.
B. The material excavated from subsidewalk construction belongs to the city and upon demand of the superintendent of streets must be deposited where he or she may designate.
C. No fee will be exacted for such permit but the city reserves the right to suspend or annul the privilege of maintaining the cellar or vault created by such excavation, or to exact a license or rental for the use thereof, and in either event, the city reserves the right to apply such sidewalk space or any portion thereof to municipal purposes.
D. The granting of such permit shall carry the right to excavate the space and to build the necessary retaining walls therefor.
E. As a guaranty for the proper restoration of any portion of the roadway fronting the premises bordering on the sidewalk area to be excavated and for the restoration of the sidewalk, curbing or gutter thereon which may be disturbed or injured by reason thereof or by the construction of any part of a building or structure, there shall be deposited with the superintendent of streets for each and every front foot or fraction thereof of the premises in front of which it is to be made, the sum of two dollars and fifty cents, when the street in front thereof is paved with a permanent pavement; and the sum of one dollar and fifty cents per front foot or fraction thereof when such street is graded and oiled.
F. In case the said street, sidewalk, curbing or gutter so disturbed or injured, is not restored, the superintendent of streets shall, after five days’ notice posted upon or near the building or structure on said premises, restore the same and pay the cost thereof out of said deposit.
G. When the work has been completed and all damage to said roadway, sidewalk, curbing or gutter has been repaired to the satisfaction of the superintendent of streets, said deposit or such portion thereof that may not have been so used by him or her therefor shall be refunded. (Prior code § 12.20.150)