§ 138-26. Erection of balconies over sidewalks.

(a)

It shall be unlawful to attach a balcony or erect other structures to a building so as to extend over any portion of a public sidewalk, except upon the authorization of the commissioner of public works and upon compliance with all applicable sections of this Code or other ordinances of the city, including this section.

(b)

Balconies shall be designed by an architect or an engineer licensed to practice in the state and the plans and specifications for balconies presented to the city for approval shall bear the official registration seal of the architect or engineer. The plans and specifications shall be submitted to and approved by the urban design commission and the director, bureau of buildings before the commissioner of public works authorizes the balconies.

(c)

The granting of permission to construct these balconies so as to extend over the public sidewalks shall be contingent upon the owner, lessor or lessee of the building onto which the balconies are constructed, the owner of the land upon which the building is erected and all creditors secured by all or a part of the land or building entering into an agreement with the city which shall include but not be limited to agreements by the owner or lessee of the building to which the balconies are attached to:

(1)

Construct and maintain the balconies so as to prevent any portion thereof from becoming detached and falling to the street or sidewalk below;

(2)

Remove any or all of the balconies without cost to the city within a 90-day period after the council directs such removal by mailing a notice to remove the balconies to the owner, or lessee at an address set forth in the agreement;

(3)

Furnish and maintain a bond, at no expense to the city, with a corporate surety satisfactory to the city, to guarantee the performance of the principal in removing the balconies as provided for in subsection (c)(2) of this section;

(4)

Indemnify and hold the city, its officers, agents and employees harmless from any and all claims arising out of the construction, maintenance, use of or removal of any and all of the balconies, including claims arising out of persons falling or jumping from the balconies or arising out of objects being dropped or thrown from the balconies;

(5)

Furnish a policy of public liability insurance and property damage insurance satisfactory to the city and naming the city as a named insured or an additional named insured, in an amount approved by the, city's risk manager, which protects the city and its officers, agents and employees from claims arising out of the construction, maintenance, use of or removal of the balconies, including claims arising out of any person falling or jumping from any such balcony or throwing or dropping any object from a balcony;

(6)

Provide insurance covering the agreement to indemnify and hold the city and its officers, agents and employees harmless from any and all claims arising out of construction, maintenance, use of or removal of any or all of the balconies, including claims arising out of persons falling or jumping from the balconies or similar structures or arising out of objects being thrown or dropped from the balconies, with a further agreement that the obligation to indemnify and hold the city and its officers, agents and employees harmless shall not be limited to the amount of the public liability and property damage insurance naming the city as a named insured or an additional named insured; and

(7)

Pay to the city a monthly rental for the air space occupied by the balconies extending over a sidewalk of the city or a portion thereof at a rate per square foot, as determined by the commissioner of public works.

(d)

Each request for permission to erect those balconies shall be accompanied by a title certificate of an attorney authorized to practice law in the state setting forth the names and the addresses of the owner and lessee of the building and the land on which it is erected, the names and addresses of any creditors who are secured by all or any part of the land or building involved, together with sufficient information as to the terms of any leases on the land or building, the corporate names of any of the parties sufficient to accurately disclose the names of any of the parties required in the agreement between the city and the parties desiring to construct the balconies, which agreement shall be executed by all the parties desiring to construct the balconies, which agreement shall be executed by all the parties prior to the issuance of any building permit for the construction of the balconies or similar structures. The agreement shall be binding on all the parties, their heirs, administrators, assigns and successors in title, and upon the execution of the agreement it shall be filed in the Office of the Clerk of the Superior Court of Fulton County.

(Code 1977, § 9-3009; Ord. No. 2001-22, § 1, 3-14-01; Ord. No. 2008-18(06-O-1947), § 4, 3-25-08)