§ 40-194. Required; application; revocation.

(a)

Any person who owns or leases land which abuts a public street or right-of-way and which abutting land has been improved with any structure, including basements, tunnels, vaults, or facilities, all or a part of which is within the subsurface of the city's right-of-way, shall obtain an inspection permit with regard to the occupancy or maintenance of the aforesaid structures or facilities within any part of the said subsurface of a public street.

(b)

Any person who owns or leases land which abuts a public street or right-of-way and who desires to use or occupy any portion of the subsurface of a street by constructing any improvement, structure, basement, or vault within such subsurface area shall obtain an inspection permit therefor.

(c)

Any person referred to in subsections (a) and (b) above shall make a written application on a form to be provided by the building official and thereby make a request for an inspection permit with regard to the occupancy or maintenance of the portion of the subsurface area of the right-of-way which abuts the applicant's property. The application shall contain, in addition to other information, the following:

(1)

A map or plat showing the nature and extent of the intended use to be made of any portion of the subsurface of the right-of-way.

(2)

The metes and bounds description of the subsurface area.

(3)

The number of cubic feet contained in the area to be used.

(d)

After the approval of the application, the payment of an inspection permit fee, and the issuance of an inspection permit with regard to the occupancy and maintenance of any improvements, structures, basements, tunnels, vaults or facilities within the city's right-of-way, under the terms and provisions of this article, the building official shall from time to time make inspections of any such structures, improvements, facilities or occupied area. If an inspection reveals that any part of the subsurface structure, improvements, facilities or occupied area within the city's right-of-way does not comply with applicable terms and provisions of the Construction Code and is dangerous or hazardous for human occupancy, the owner or lessee of the structure, improvements or occupied area, shall be notified and required to make such repairs as are necessary in order to comply with the applicable terms and provisions of the Construction Code. If any permittee fails and refuses to allow the building official to come upon or enter the premises of any such structures, improvements, facilities or occupied area for the purpose of making an inspection, he may be prosecuted under the terms of this article, and the building official may revoke the inspection permit for any such occupied area within the city's right-of-way, and such action shall be final, subject to the provisions of paragraph (9) of section 40-197 of this Code.

(Code 1968, § 41-194; Ord. No. 72-97, § 3, 1-19-72; Ord. No. 90-635, §§ 120, 121, 5-23-90; Ord. No. 02-399, § 82, 5-15-02)