Chapter 12.15
SIDEWALK ENTRANCES AND OPENINGS

Sections:

12.15.010    Entrances to cellars or areaways generally.

12.15.020    Fuel or coal holes generally.

12.15.030    To be kept closed except when in use – Liability for damages caused by opening.

12.15.040    Opening in dangerous manner.

12.15.050    Repair of defective covers.

12.15.010 Entrances to cellars or areaways generally.

(1) After November 25, 1949, no person shall install, in any sidewalk, an entrance to a cellar or areaway, without the approval of the city council.

(2) Every cellar or area which opens in a sidewalk shall have such opening covered with substantial metal grating, rough-surface metal or metal and glass, which shall be flush with the pavement. No such opening to any existing cellar or area shall be recovered, nor shall the covering thereof be repaired or renewed, except with such material and in such manner as above required.

(3) The entrance to every cellar which opens in a sidewalk shall be covered with two doors of equal width, without joints and so constructed that, when closed, they shall be flush with the pavement, and when open, shall each stand upright and at right angles to the pavement and be held in such position by connecting bars or chains at the end of such doors nearest the curb line. No cellar door shall be allowed to fall back or lie flat upon the street or sidewalk or to remain open any longer than necessary and while in actual use.

(4) The owner or occupant of any building, the cellar or area to which does not conform to the requirements of this section, who shall, after notification by the city manager, fail or refuse to comply with its provisions, shall be deemed guilty of a violation of this section. (Code 1964, § 25-29; Code 1985, § 26-44).

12.15.020 Fuel or coal holes generally.

(1) No opening in a sidewalk for fuel or coal holes shall exceed 18 inches in diameter. Such opening shall be covered with a substantial metal cover, with a rough surface placed flush with the surface of the sidewalk. Such fuel or coal holes constructed after November 25, 1949, shall be in accordance with plans first approved by the city manager and shall not be constructed until a written permit has been obtained from the city manager.

(2) The owner or occupant of any building, the fuel or coal hole to which does not conform to this section, or the owner, user or lessor of any such fuel or coal hole, who shall, after notification by the city manager, fail or refuse to comply with its provisions, shall be deemed guilty of a violation of this section. (Code 1964, § 25-30; Code 1985, § 26-45).

12.15.030 To be kept closed except when in use – Liability for damages caused by opening.

Every cellar, vault and fuel or coal hole opening in a sidewalk shall be kept closed and the cover thereof securely fastened, except when the same is actually in use by some person immediately attending the same. The owner or occupant of the building shall be responsible for any damage to persons or property caused by any such opening. (Code 1964, § 25-31; Code 1985, § 26-46).

12.15.040 Opening in dangerous manner.

It shall be unlawful for any person to willfully or maliciously open, or cause to be opened, any cellar, vault or fuel or coal hole opening in a sidewalk, in such manner that the safety of users of the sidewalk is endangered. (Code 1964, § 25-32; Code 1985, § 26-47).

12.15.050 Repair of defective covers.

Whenever the owner or occupant of any building to which is attached any area, cellar, vault or fuel or coal hole opening in the sidewalk is notified by the city manager that the covering thereof is insecure or dangerous, it shall be his duty to repair the same within five days. If the owner or occupant fails to do so, the city manager may cause such repairs to be made and the cost thereof shall be collected from such owner or occupant in like manner as fines and assessments are collected. (Code 1964, § 25-33; Code 1985, § 26-48).