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OPENINGS, CONSTRUCTION AND REPAIR IN PUBLIC WAYS (10-20-010 et seq.)

Municipal Code of Chicago tit. 10, ch. 10-20, art. I
in effect

Municipal Code of Chicago § 10-20-010 Definitions.

10-20-010 Definitions. For purposes of this article, the following definitions shall apply: "Discipline" means any component activity of excavation performed by a permittee, subcontractor, or other person required to obtain an excavation permit. "Excavation" has the same meaning ascribed to that term in Section 10-21-020. "Restore" means restoration or replacement of the pavement, components of the pavement, or other materials to at least the condition that the pavement, components of the pavement, or other materials were in before the work contemplated by this article was commenced. "Substantial owner" means any person or entity holding a 25 percent or greater ownership interest in any firm, partnership, limited partnership, corporation or limited liability company; provided, however, that where no person or entity holds such an ownership interest, substantial owner shall mean each of the four persons or entities with the largest ownership interests; provided further, that with regard to an individual or sole proprietorship, substantial owner means that individual or sole proprietorship. (Added Coun. J. 11-7-22, p. 55595, Art. V, § 1) Editor's note – Coun. J. 1-14-97, p. 37762, § 12, renumbered former § 10-20-010 as § 10-20-150.

Municipal Code of Chicago § 10-20-020 Safe closure of the public way.

10-20-020 Safe closure of the public way. (a) Any person whose work results in the closure of the public way shall ensure the work site provides the appropriate traffic control devices, as that term is defined in Section 9-4-010, and takes appropriate measures to warn the public of the closure. Appropriate traffic control devices and measures for the situation shall be set by the Commissioner of Transportation by rule, including any applicable standards for construction canopies required under Section 10-28-284 of the Code. Any person who violates this section or rules promulgated hereunder shall be fined no less than $500 and no more than $2,500 for each violation. Each day that a violation shall continue shall constitute a separate and distinct offense. (b) The Commissioner of Transportation shall semiannually report to the City Council Committee on Transportation and Public Way, or its successor committee, regarding all changes made to rules pursuant to this section. Upon request of the Chair of the Committee, the Commissioner of Transportation or the Commissioner's designee shall present such report at a subject matter hearing of the Committee. (Added Coun. J. 12-14-22, p. 58216, § 6) Editor's note – Coun. J. 1-14-97, p. 37762, § 5, renumbered former § 10-20-020 as § 10-20-115.

Municipal Code of Chicago § 10-20-100 License.

10-20-100 License. (a) No person shall make an opening in, or construct or repair any pavement in, any public way or other public place pursuant to this chapter unless that person holds a public way work license as required by this article. The public way work permit required by this article to make an opening in, or construct or repair any pavement in, any public way or other public place shall only be issued to a person holding such a license. Before the department of transportation issues any such permit, the department of transportation shall first require proof that the permit applicant holds such a license. Such a license shall be effective for one calendar year, and the fee for such a license shall be $125.00. Such a license may be issued at any time during a calendar year, but shall be effective only for the calendar year in which it is issued. The commissioner of transportation is hereby authorized to issue such a license and is authorized to promulgate regulations relating to such a license, including but not limited to terms and conditions for the issuance, maintenance and renewal of the license, the scope of work that may be performed under the license, and terms and conditions applicable to the insurance and letter of credit required by this article. (b) The public way work license specified in this section shall not be required for the placement, planting, cultivation, maintenance or removal of any tree, shrub, flower, sod or other plant material in the public way, as long as the surface disturbance requires a hole of less than six inches deep. (c) The public way work license specified in this section shall not be required of a government agency or of any person (or such person's designee) for the operation, maintenance, improvement, installation and removal of either (i) parking meters acting pursuant to a concession agreement with the city governing the operation, improvement, installation, removal and maintenance of and the collection of fees from, certain designated parking meters, or (ii) city digital signs pursuant to a coordinated city digital sign program agreement with the city governing the operation, improvement, installation, removal and maintenance of such city digital signs. (Added Coun. J. 1-14-97, p. 37762, § 2; Amend Coun. J. 12-7-05, p. 64870, § 1.9; Amend Coun. J. 11-19-08, p. 47220, Art. IX, § 1; Amend Coun. J. 12-4-08, p. 50506, § 13; Amend Coun. J. 12-12-12, p. 44485, § 7; Amend Coun. J. 9-14-21, p. 35804, § 2)

Municipal Code of Chicago § 10-20-105 License application.

10-20-105 License application. (a) The application for the public way work license required by this article shall be made in writing to the commissioner of transportation on a form provided for that purpose and shall require the signature of the licensed applicant. The commissioner of transportation shall be the custodian of all such applications. (b) Every application for such a license shall contain, in addition to such other information as the commissioner of transportation may require, the name of the person desiring the license and the place of business of such applicant, as well as the names, residence (or, if not a natural person, business) addresses, social security numbers (or tax identification numbers or other government identification numbers acceptable to the commissioner of transportation), and percentages of ownership interest of all substantial owners of the applicant. (c) Every application for such license shall provide that, as a condition for receiving the license, the applicant shall indemnify, save and keep harmless the city from any and all loss, cost, damage, expense or liability of any kind whatsoever which the city may suffer, or which the city may be put to, or which may be recovered from the city, from or on account of the issuance of such license, or from or on account of any act or thing done by virtue of the authority given in such license, or for any damage, loss or expense to any person caused by the tearing up, constructing, repairing or removing of such public way or part thereof, whether or not performed pursuant to a valid license. (d) The willful misstatement or omission of any material information required by the license application process shall be grounds for revocation of the license for a period of up to three years. (Added Coun. J. 1-14-97, p. 37762, § 3; Amend Coun. J. 12-7-05, p. 64870, § 1.9; Amend Coun. J. 11-19-08, p. 47220, Art. IX, § 1)

Municipal Code of Chicago § 10-20-110 License renewal.

10-20-110 License renewal. (a) The commissioner of transportation may renew the public way work license required by this article at the beginning of a new license period upon proper application and payment of a renewal fee of $125.00. Prior to renewal, all licensees and substantial owners shall provide the commissioner of transportation with the following information: the names, addresses, government identification numbers and percentages of interest required in the initial license application by this article or, where such information already has been provided in a license application, any new information necessary to make such information current and accurate. (b) The willful misstatement or omission of any material information required by the license renewal process shall be grounds for revocation of the license for a period of up to three years. (Added Coun. J. 1-14-97, p. 37762, § 4; Amend Coun. J. 12-7-05, p. 64870, § 1.9; Amend Coun. J. 11-19-08, p. 47220, Art. IX, § 1)

Municipal Code of Chicago § 10-20-115 Insurance required for license.

10-20-115 Insurance required for license. No public way work license shall be issued pursuant to this Article I until the applicant for such license shall first have obtained commercial general liability insurance and has presented to the commissioner of transportation proof of such insurance against any liability, loss or claim arising out of the issuance of the license, or out of work performed pursuant to the license. Such insurance shall: (1) be issued by an insurer authorized to insure in Illinois, (2) be in an amount no less than $1,000,000.00 per occurrence for bodily injury, personal injury and property damage, and (3) name the City of Chicago, its officers, employees and agents as additional insured on a primary, noncontributory basis for any liability arising directly or indirectly from the licensee's operations. The insurance policy shall provide for 30 days' written notice to the commissioner of transportation prior to any lapse, cancellation or change in coverage. The insurance shall be maintained in effect at all times during the term of the license. In lieu of the insurance requirements stated above, and apart from and separate from any insurance requirement under this section, the commissioner of transportation in his or her discretion may require, instead of such insurance, any alternative form of indemnity, protection or security that the commissioner deems necessary to accomplish the above-described purposes. (Prior code § 33-2; Amend Coun. J. 5-4-94, p. 49718; Amend Coun. J. 1-14-97, p. 37762, § 5; Amend Coun. J. 12-7-05, p. 64870, § 1.9; Amend Coun. J. 11-19-08, p. 47220, Art. IX, § 1; Amend Coun. J. 10-28-15, p. 11951, Art. VI, § 30; Amend Coun. J. 11-16-16, p. 37901, Art. II, § 31) Editor's note – Formerly § 10-20-020.

Municipal Code of Chicago § 10-20-120 Letter of credit required for license.

10-20-120 Letter of credit required for license. The public way work license required by this article shall be issued only after the prospective licensee shows proof to the commissioner of transportation of having established an irrevocable letter of credit for the benefit of the City of Chicago, in an amount and for a duration to be established in regulations promulgated by the commissioner of transportation, such letter of credit to be maintained in conjunction with the license and any renewals. A licensee shall bear the costs of establishing, maintaining and renewing such letter of credit, and shall bear any costs associated with a draw upon the letter of credit. (Added Coun. J. 1-14-97, p. 37762, § 6; Amend Coun. J. 12-7-05, p. 64870, § 1.9; Amend Coun. J. 11-19-08, p. 47220, Art. IX, § 1)

Municipal Code of Chicago § 10-20-125 Letter of credit - Conditions for draw.

10-20-125 Letter of credit - Conditions for draw. (a) Upon the happening of all three of the following numbered subparagraphs: (1) the amount of any restoration fee assessed pursuant to this article is insufficient to cover the cost of restoring the bituminous surface, or a licensee fails to restore the pavement or other materials in accordance with the standards and requirements of this article and other applicable provisions of this Code, or any damage is done to any underground work or connections, or otherwise, any of which will require the City of Chicago to make expenditures to correct the problem or problems and; (2) the commissioner of transportation provides notice of the problem or problems described in subsection (a)(1) of this section to that licensee by certified mail; and (3) after receiving notice, the licensee does not remit funds sufficient to cover the deficiency in restoration fee or the City of Chicago's required expenditures within 45 days of receipt of the notice, or does not correct the problem or problems within a time period specified by the commissioner of transportation, then the commissioner of transportation may draw upon that licensee's letter of credit in such amounts as are sufficient to cover the deficiency, or cover the City of Chicago's cost of correcting the problem or problems, in accordance with the standards and requirements of this article and other applicable provisions of this Code. In the event such a draw results in insufficient funds, the comptroller shall collect the amount of the shortfall from that licensee. (b) Upon the happening of all four of the following numbered subparagraphs: (1) the commissioner of transportation determines that a licensee has failed to restore the pavement or other materials in accordance with the standards and requirements of this article and other applicable provisions of this Code, and that such failure to restore or improper restoration has resulted in a dangerous condition that poses an imminent threat to the safety of pedestrians, motorists, or others on or near the public way; and (2) after determining that the licensee is unable to immediately eliminate the dangerous condition, the commissioner of transportation eliminates the dangerous condition; and (3) the commissioner of transportation notifies the licensee, by certified mail, of the problem or problems described in subsection (b)(1) of this section, and of the action taken by or on behalf of the department of transportation, and in the notification demands that the licensee reimburse the department of transportation for the funds expended to eliminate the dangerous condition; and (4) after receiving notice, that licensee does not remit the demanded funds within 45 days of receipt of the notice, then the commissioner of transportation may draw upon that licensee's letter of credit in such amounts as are sufficient to cover the City of Chicago's cost of correcting the problem or problems in accordance with the standards and requirements of this article and other applicable provisions of this Code. In the event such a draw results in insufficient funds, the comptroller shall collect the amount of the shortfall from that licensee. (c) The commissioner of transportation may in his or her discretion apply the procedures set forth in this section, either simultaneously or sequentially, to any one or more licensees either holding, or performing work pursuant to, a permit issued pursuant to this article. (d) The City of Chicago shall have the right, but not the obligation, to arrange for or carry out any restoration, repairs or other work pursuant to this section or other applicable provision of this chapter, and any action taken by the City of Chicago in arranging for or carrying out any such restoration, repairs or other work shall not relieve a licensee of liability for, or diminish a licensee's liability for, any condition created by, or created as a result of the acts or omissions of, the licensee. (Added Coun. J. 1-14-97, p. 37762, § 7; Amend Coun. J. 12-7-05, p. 64870, § 1.9; Amend Coun. J. 11-19-08, p. 47220, Art. IX, § 1; Amend Coun. J. 11-16-11, p. 13798, Art. I, § 8)

Municipal Code of Chicago § 10-20-130 License suspension.

10-20-130 License suspension. In addition to any other penalties that may be imposed under applicable law, a public way work license issued pursuant to this article may be suspended for a period of up to six months if: (1) a licensee's insurance or letter of credit required by this article is cancelled or is allowed to expire or otherwise lapse and such cancellation, expiration or lapse is not promptly remedied upon written notice sent by certified mail to that licensee; or (2) the Commissioner of Transportation is required to draw upon a licensee’s letter of credit pursuant to this article; or (3) the Commissioner of Transportation receives notification from any city board, commission, department or other city agency that another City-issued license held by the licensee has been suspended or revoked; or (4) a licensee is repeatedly issued either a notice provided for in Section 10-20-125 of this article, or a citation pursuant to this article, or any combination of notices and citations, within a license period. The number of notices and/or citations necessary for this subsection to apply shall be set forth in rules promulgated by the Commissioner of Transportation. If any one or more of a licensee’s substantial owners was a substantial owner of another licensee during the license period and that other licensee received a notice provided for in Section 10-20-125, or a citation pursuant to this article, during that license period, such prior notice or citation shall be included in determining the number of notices or citations received by the current licensee; or (5) a person violated any section of Chapter 10-21 that resulted in a penalty listed in Section 10-21-110(a)(2) and (A) has been found liable of seven or more violations, or (B) has a debt due and outstanding as a result of a violation pursuant to that section, or (C) has failed to complete the mandatory training imposed as a result of a violation pursuant to that section, or (D) committed a violation that was found to be a threat to public safety pursuant to that section. (Added Coun. J. 1-14-97, p. 37762, § 8; Amend Coun. J. 12-7-05, p. 64870, § 1.9; Amend Coun. J. 11-19-08, p. 47220, Art. IX, § 1; Amend Coun. J. 12-20-25, p. 39283, Art. I, § 6)

Municipal Code of Chicago § 10-20-135 License revocation.

10-20-135 License revocation. In addition to any other penalties that may be imposed under applicable law, a public way work license issued pursuant to this article may be revoked for a period of up to three years if a licensee has their license suspended pursuant to this article three times within a three-year period. If any one or more of a licensee's substantial owners was a substantial owner of another licensee during the three-year period and that other licensee had their license suspended pursuant to this article during that three-year period, such prior suspension or suspensions shall be included in determining the number of suspensions received by the current licensee. (Added Coun. J. 1-14-97, p. 37762, § 9)

Municipal Code of Chicago § 10-20-140 Suspension or revocation - Procedure and scope.

10-20-140 Suspension or revocation - Procedure and scope. (a) Proceedings for the suspension or revocation of the public way work license required by this article shall be conducted pursuant to Section 4-4-280 of this Code, upon referral by the commissioner of transportation. (b) When a license suspension or license revocation is imposed on a licensee pursuant to any provision of this article, such suspension or revocation shall apply to all substantial owners of that licensee, and no such substantial owner may apply for or be issued, or be an officer, director, member, partner, shareholder, or owner in an entity that applies for or is issued, a public way work license under this article for the duration of such suspension or revocation. (Added Coun. J. 1-14-97, p. 37762, § 10; Amend Coun. J. 12-7-05, p. 64870, § 1.9; Amend Coun. J. 11-19-08, p. 47220, Art. IX, § 1)

Municipal Code of Chicago § 10-20-145 License violations - Penalty.

10-20-145 License violations - Penalty. (a) In addition to any other penalties that may be imposed under applicable law, any person who makes an opening in, or who constructs or repairs any pavement in, any public way or other public place without first obtaining the public way work license required by this article, or who falsifies information in order to obtain such a license, shall be subject to a fine of $500.00 for each day that the opening exists or that the construction or repair is conducted, and shall also be liable to the City of Chicago for any costs incurred by the city in arranging for or carrying out any restoration, repairs or other work necessitated by the acts or omissions of such person. The City of Chicago shall have the right, but not the obligation, to arrange for or carry out any restoration, repairs or other work pursuant to this section or other applicable provision of this chapter, and any action taken by the City of Chicago in arranging for or carrying out any such restoration, repairs or other work shall not relieve such person of liability for, or diminish that person's liability for, any condition created by, or created as a result of the acts or omissions of, that person. (b) If a person holding the public way work license required by this article allows the insurance or letter of credit required in conjunction with such license to be cancelled or to expire or otherwise lapse for more than 30 days during the period that such insurance or letter of credit is required to be in full effect, the license will be rendered void and the person must reapply for a new license and pay a new license fee in order to be considered for a valid license. (Added Coun. J. 1-14-97, p. 37762, § 11)

Municipal Code of Chicago § 10-20-150 Permit - Fees - Issuance.

10-20-150 Permit - Fees - Issuance. (a) It shall be unlawful for any person to make an opening in, or to construct or repair any pavement in, any public way or other public place without first obtaining a public way work permit from the Commissioner of Transportation; provided, however, that any such opening, construction or repair may be performed by a person holding the public way work license required by this article, who is not a permittee under this section but who is acting as subcontractor for, or otherwise acting under instructions from, as agent for, on behalf of, or in concert with, a permittee under this section. Except as otherwise permitted by Section 10-20-150(i), the Commissioner of Transportation shall allow a permittee to include at most one subcontractor per discipline on the permit. A permit fee shall be required for creating any opening in, or for constructing or repairing any pavement in, the public way. Beginning on January 1, 2009, the permit fee for creating a pavement opening or for pavement construction or repair shall be $337.00 for each such opening to be created or each such construction or repair project. Beginning on January 1, 2009, the permit fee for creating an opening, or for construction or repair, in any parkway or unimproved portion of the public way shall be $169.00 for each such opening to be created, or each such construction or repair project. All permit fees required under this section shall be increased by five percent per annum beginning January 1, 2010. The fee for any permit issued during the time periods specified in subsection (b) of this section shall be as the Commissioner of Transportation sets by rule in an amount that will cover the additional administrative costs associated with disrupting the recently paved public way. A reinspection fee of $100.00 shall be assessed against any person issued a permit under this section whenever the department of transportation conducts a reinspection after an initial inspection to verify compliance with the municipal code or any conditions of the permit issued under this section. A reinspection fee shall also be assessed whenever any scheduled inspection by the department of transportation cannot take place because of the absence of, or other action or inaction, taken by the permittee. The foregoing permit and reinspection fees, however, shall not be required of any person who has been granted the right to use the public way pursuant to a franchise ordinance approved by the City Council and which franchise ordinance specifically prohibits the imposition of such fees in addition to the compensation to be received by the City pursuant to the franchise ordinance. (b) Unless the Commissioner of Transportation determines that circumstances warrant the opening or repairing of pavement, no permit shall be issued for: (i) opening or repairing any pavement that has been newly constructed or reconstructed after January 1, 1994, for a period of ten years after completion of the construction or reconstruction; (ii) opening or repairing any pavement that has been resurfaced after January 1, 1994, within five years after completion of the repaving or; (iii) opening or repairing any pavement at anytime located within the area bounded by North Avenue, Halsted Street, 22nd Street and Lake Michigan. Whenever the Commissioner of Transportation determines that circumstances warrant the opening or repairing of pavement under this subsection, the Commissioner of Transportation may require that the entire surface of the public way abutting the excavated pavement be restored from curb line to curb line but shall, at a minimum, require that the surface of the public way abutting the excavated pavement be restored to the furthest quarter point in all directions. For purposes of this subsection, "quarter point" means each point situated at a distance equal to one-quarter of the distance from curb line to curb line. Any person who opens or repairs a newly constructed, reconstructed or resurfaced pavement without a permit within the time period specified herein or without the approval of the Commissioner of Transportation, or who falsifies information in order to obtain a permit for such work, shall be subject to a fine of $5,000.00 for each day that the opening exists or that the repair is conducted. When determining whether circumstances warrant the opening or repair of pavement under this subsection, the Commissioner of Transportation shall consider, in addition to other reasonable factors, whether the work to be performed constitutes an emergency repair; whether there is no other reasonable access available to perform the work; and whether the work will provide a public benefit. (c) It shall be a condition of any permit for the opening of, or the construction or repair of, any public way or other public place that the permit applicant shall agree to restore the pavement or other materials in accordance with public way restoration standards. These standards shall be in the form of regulations promulgated by the Commissioner of Transportation. (d) In addition to the other limitations on the issuance of permits described in this chapter, the Commissioner of Transportation shall not issue any permit for the opening of, or the construction or repair of, any public way or public place until he or she shall have been fully advised of the time, place and character of such opening, construction or repair and the purpose thereof. The Commissioner of Transportation may require that applications for permits be accompanied by a plat or pencil tracing or sketch showing the location, character and dimensions of any proposed openings for the installation of new work, or the location and character of any alterations involving changes in the location of pipes, conduits, wires or other conductors, or proof of compliance with the insurance, letter of credit or other license requirements of this article. (e) Before a permit that contemplates the breaking or other disturbance of a bituminous surface shall be granted to open, or conduct construction or repair on, any public way or public place for any purpose, the permit applicant shall as part of the application either (1) commit to restoring the bituminous surface after completion of the work and restoration of the pavement, or (2) request that the City of Chicago restore the bituminous surface after completion of the work and restoration of the pavement. If the applicant selects option (2), the Commissioner of Transportation shall assess the applicant a restoration fee, as calculated by the Commissioner of Transportation, sufficient to cover the City of Chicago’s cost to restore the bituminous surface. This restoration fee shall be calculated on a per-square-yard basis, based on current construction costs established through average bid prices in the City of Chicago. In the event that the City of Chicago’s cost to restore the bituminous surface is less than the restoration fee, the amount of the surplus shall be returned to the permittee. (f) In order for a permit to be issued, the Comptroller shall collect the amount of both the permit fee and any applicable restoration fee. Where the opening, construction or repair is required to perform underground work to facilitate a City or state project or the repair of damage caused by City forces, the payment of permit fees shall be waived. (g) The permit specified in this section shall not be required for: (1) the placement, planting, cultivation, maintenance or removal of any tree, shrub, flower, sod or other plant material in the public way, as long as the surface disturbance requires a hole of less than six inches deep; (2) the operation, improvement, installation, removal and maintenance of parking meters by a person, or the person’s designee, acting pursuant to a concession agreement with the City governing the operation, improvement, installation, removal and maintenance of, and collection of fees from, certain designated parking meters; or (3) the operation, improvement, installation, removal and maintenance of City digital signs by a person, or the person’s designee, acting pursuant to a coordinated City digital sign program agreement with the City governing the operation, improvement, installation, removal and maintenance of such City digital signs. (h) With respect to a permit applied for pursuant to this section in conjunction with the installation or relocation of any utility pole on the public way, the Commissioner of Transportation shall provide a 30-day notification to the alderman of the affected ward prior to issuing such permit. (i) A permittee under this Section may petition the Commissioner of Transportation to permit more than one subcontractor per discipline, by submitting said petition in compliance with the submission process established by the Commissioner of Transportation. If such a petition is granted, the permittee shall be charged a separate permit fee for each subcontractor beyond the one per discipline added to the permit. (j) The Commissioner of Transportation is authorized to promulgate such rules as are necessary or useful to implement the administration and enforcement of this article. (Prior code § 33-1; Amend Coun. J. 7-13-88, p. 15000; Amend Coun. J. 12-11-91, p. 10925; Amend Coun. J. 6-23-93, p. 34415; Amend Coun. J. 1-14-97, p. 37762, § 12; Amend Coun. J. 6-9-99, p. 5453; Amend Coun. J. 12-7-05, p. 64870, § 1.9; Amend Coun. J. 9-27-07, p. 9188, § 1; Amend Coun. J. 11-19-08, p. 47220, Art. IX, § 1; Amend Coun. J. 11-19-08, p. 48243, Art. I, § 1; Amend Coun. J. 12-4-08, p. 50506, § 13; Amend Coun. J. 3-18-09, p. 56210, § 1; Amend Coun. J. 11-16-11, p. 13798, Art. I, § 8; Amend Coun. J. 12-12-12, p. 44485, § 7; Amend Coun. J. 11-14-18, p. 90376, Art. III, § 2; Amend Coun. J. 9-14-21, p. 35804, § 3; Amend Coun. J. 11-7-22, p. 55595, Art. V, § 1) Editor's note – Formerly § 10-20-010.

Municipal Code of Chicago § 10-20-155 Pavement restoration.

10-20-155 Pavement restoration. (a) All work done under authority of the permit required by this article shall be inspected by a field service specialist designated by the commissioner of transportation. (b) Immediately after the completion of the work done pursuant to the permit, the permittee shall forthwith restore any pavement or other materials displaced by reason of the work, and shall restore the surface of any public way or other public place which may be opened or otherwise disturbed; provided, however, that a permittee shall only be obliged to restore a bituminous surface if the permittee has not remitted to the comptroller the restoration fee assessed pursuant to this article. All of this work shall be done to the satisfaction of the commissioner of transportation, in accordance with public way restoration standards. These standards shall be in the form of regulations promulgated by the commissioner of transportation. (c) Any permittee who fails to restore the pavement or other materials and the non-bituminous surface and, if applicable, the bituminous surface, of any public way or other public place, as required in subsection (b), by the time established by the commissioner of transportation shall be subject to a fine of $5000.00 for each day that such failure continues, and shall also be liable to the City of Chicago for any costs incurred by the city in arranging for or carrying out any such restoration upon expiration of the relevant deadline. The City of Chicago shall have the right, but not the obligation, to arrange for or carry out any such restoration upon expiration of the relevant deadline, and any action taken by the City of Chicago in arranging for or carrying out any such restoration pursuant to this section or other applicable provision of this chapter shall not relieve a permittee of liability for, or diminish a permittee's liability for, any condition created by, or created as a result of the acts or omissions of, the permittee. (d) The insurance and letter of credit protections of this article shall apply to any amounts levied or incurred by the City of Chicago pursuant to this section. (e) If work done under authority of the permit required by this article results in the removal of 60 percent or more of the sidewalk on a block of an impacted side of the street, as determined by the total linear footage of the block, the permittee shall contact the Commissioner of Transportation or the Commissioner’s designee to discuss coordination with the City on full restoration of the sidewalk on that block. (Prior code § 33-3; Amend Coun. J. 7-13-88, p. 15000; Amend Coun. J. 12-11-91, p. 10925; Amend Coun. J. 1-14-97, p. 37762, § 13; Amend Coun. J. 9-27-07, p. 9188, § 1; Amend Coun. J. 11-16-11, p. 13798, Art. I, § 8; Amend Coun. J. 9-18-24, p. 16676, § 1)

Municipal Code of Chicago § 10-20-160 Tearing up public ways.

10-20-160 Tearing up public ways. Unless a specific penalty is otherwise provided, any person who shall injure or tear up any pavement, side or crosswalk, or any part thereof, dig any hole, ditch or drain in, or dig or remove any sod, stone, earth, sand or gravel from any public way or public ground in the city without having first obtained the necessary permit from the executive director of emergency management and communications and the commissioner of transportation, or who violates the terms or conditions of a permit for such work, shall be subject to a penalty for each offense of not less than $500.00 nor more than $1,000.00. (Prior code § 33-5; Amend Coun. J. 7-13-88, p. 15000; Amend Coun. J. 12-11-91, p. 10925; Amend Coun. J. 6-23-93, p. 34415; Amend Coun. J. 1-14-97, p. 37762, § 15; Amend Coun. J. 12-7-05, p. 64870, § 1.9; Amend Coun. J. 11-19-08, p. 47220, Art. IX, § 1; Amend Coun. J. 5-13-09, p. 61354, § 1) Editor's note – Formerly § 10-20-050.
Source: City of Chicago, Municipal Code of Chicago (American Legal Publishing, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/chicago/latest/chicago_il/0-0-0-2650726Fetched: 10/24/2026

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