G42-74 Ordinance No. G42-74
AN ORDINANCE
REGULATING SIDEWALK AND STREET VAULT SPACES
WHEREAS, certain vault spaces have been constructed under streets and
sidewalks in the City of Elgin; and
WHEREAS, said spaces are being used without the permission of the
corporate authorities of the City of Elgin; and
WHEREAS, many of such vault spaces constitute a hazard to members of
the public and expose the City of Elgin to potential liability for personal
injuries and property damage; and
WHEREAS, some property owners have made substantial improvements for
construction of said vault spaces; and
WHEREAS, it is the policy of the City of Elgin to prohibit further
construction of such vault spaces, discourage continuation of use of exist-
ing vault spaces, and regulate further use of such spaces.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ELGIN, ILLINOIS:
Section 1. That Article VI of the Municipal Code of Elgin, as amended,
be and is hereby amended to read as follows:
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ARTICLE VI. SIDEWALK SPACE
20.601. CONSTRUCTION PROHIBITED. It shall be unlawful to
construct any vault, space, room or structure under any street
or sidewalk of the City of Elgin. No such existing space shall
be used and maintained except as hereinafter provided.
20.602. PERMIT REQUIRED. Any person desiring to use any
vault, space, room or structure under any street or sidewalk of
the City of Elgin in existence on September 1, 1974 shall obtain
a permit therefore no later than December 1, 1974. Any such
space for which a permit is not issued as herein provided by
December 1, 1974 shall be filled and closed.
20.603. APPLICATIONS. Any person desiring to use or
maintain any vault, space, room or structure under any street
or sidewalk of the City of Elgin shall make a written applica-
tion to the LICENSE ENFORCEMENT DIRECTOR of the City of Elgin
and shall state therein the size of the space intended to be
used or maintained and the purpose for which it is to be used.
Each application shall contain a statement by the applicant that
he has read the provisions of this article and agrees to comply
with the provisions of this article.
20.604. INSURANCE. Each applicant for a vault permit
shall file with the application a certificate of insurance
issued by a liability insurance company authorized to do
business in the State of Illinois, naming the City of Elgin
as an additional insured and providing liability insurance for
personal injury and property damage with limit coverage of
not less than $300,000.00 per person and $1,000,000.00 per
occurrence for personal injuries and $100,000.00 for property
damage.
20.605. TRANSFER OF PERMIT. No transfer of any permit
shall be permitted but any person succeeding to the interest
in the abutting property of a permitholder shall make applica-
tion for a new permit as provided herein.
20.606. OPENINGS. All openings through the sidewalk or
street into any vault space shall be covered and guarded. If
the opening is a manhole or trap door, an adequate metal cover
shall be provided and equipped with a rough slip proof surface.
20.607. FEE. The annual fee to be paid for each permit
shall be $25.00.
20.608. RENEWAL. Any person desiring to renew any vault
permit shall make application as provided in Section 20.603
hereof.
20.609. CONSTRUCTION. Such vaults, rooms, spaces, 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 weights.
20.610. USE. No vault space shall be used for the
storage of explosive or flammable liquids hazardous activi-
ties or any use otherwise prohibited. However, fuel for
heating purposes may be stored in a vault space if the Chief
of the Fire Department shall determine that said storage may
be made in a safe manner and in accordance with all applicable
laws or regulations.
20.611. SIDEWALKS. Any person holding a permit for a
vault space shall keep the surface of the sidewalk or street
including any cover free of snow, ice, dirt and obstruction
and shall keep such surface in good repair.
20.612. REVOCATION AND NON-RENEWAL OF PERMITS. Any
permit issued under the provisions of this Article may be
revoked for failure to comply with the provisions of the
Article and is subject to non-renewal in the event that the
corporate authorities shall determine that any vault space
is needed for public purposes.
Section 2. That all ordinance or parts of ordinances in conflict with
the provisions of this ordinance are hereby repealed.
Section 3. That this ordinance shall be in full force and effect after
passage and publication as provided by law and shall be published in pamphlet
form by authority of the City Council.
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s/ W. E. Rauschenberger
W. E. Rauschenberger, Mayor
Presented: September 11, 1974
Passed: September 11, 1974
Vote: Yeas 6 Nays 0
Recorded: September 11, 1974
Published: September 11, 1974
Attest:
s/ Margaret A. Glink
Margaret A. Glink, City Clerk
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