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A. It is unlawful to erect or maintain over, upon or under any sidewalk any stairway or stairs of any kind without the written consent of the city council, and it shall be unlawful to erect or maintain any stairway or steps under the surface of any sidewalk, alley or street area unless all entrances from such sidewalk, alley or street are protected by a metal gate opening outwardly only, and so constructed that said gate will automatically close. Said gates shall at all times be kept in good repair.

B. All persons or corporations desiring to construct, or are now maintaining any steps or stairways shall make application to the city council for a permit to construct or maintain any such steps or stairways and such application must be accompanied with the plans or description of such steps or stairs and of the gates to be maintained at the sidewalk, alley or street entrance to the same.

C. If any person or corporation fails to comply with the terms of this section the city council shall have the right to order all sidewalk, alley or street entrances to said stairs or steps to be closed, and during the period such entrances are ordered closed, it shall be unlawful for any person to use any of such entrances.

D. Before any permit referred to herein shall be issued, the owners of the real estate in connection with which the structures to be covered by said permit shall be used, shall enter into an agreement with Everett providing that the owners of said real estate shall save Everett harmless from any and all loss, damage or injury that may be caused to any person or property by reason of the construction or maintenance of such structures. Such agreement shall be in a form approved by the city council and shall constitute a covenant attaching to and running with said real estate. (Prior code § 13.16.140.)