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11-6.1   Powers and Duties of Commissioner.
   (A)   There shall be in the City a Department, known as the Public Works Department, which shall be under the charge of an Officer known as the Commissioner of Public Works, who shall be appointed by the Mayor for a term expiring on the first Monday of the January following the next biennial municipal election at which a Mayor is elected and who may be removed by the Mayor with or without cause.
   (B)   The Commissioner shall construct all streets; shall have the discretionary power as to the grades, materials and other particulars of construction of streets and sidewalks; shall have charge of and keep clean and in good condition and repair the streets, including the portions of Commonwealth Avenue previously under the control of the Parks and Recreation Commission; shall remove and dispose of, at the expense of the Public Works Department, all refuse and recycling from buildings occupied by the city except those under the control of the School Committee; shall remove and dispose of the acceptable refuse and recycling from privately owned properties, including, but not limited to, homes, condominiums and apartment buildings; and shall promulgate rules and regulations consistent with and/or in compliance with all applicable commonwealth regulations to govern such removal. The Commissioner shall not be required to take any refuse or recycling from any commercial, nonprofit, educational, business, retail or manufacturing establishments or any refuse or recycling not generated within the city.
(Ord. October 7, 1833; Ord. 1908 c. 3; Ord. 1910 c. 9; Ord. 1954 c. 2 § 45; Ord. 1955 c. 3; Ord. 1956 c. 8; Ord. 1959 c. 7 § 1; Rev. Ord. 1961 c. 21 § 1; CBC 1975 Ord. T11 § 150; CBC 1985 11-6.1; Ord. 2010 c. 6)
Cross-reference:
   Ord. ss 6-1.4; Ord. ss 7-4.2; Statutes, Title 15 Chapter 1
Editor’s note:
   The water works system and the sewer works system of the Department of Public Works were abolished and the duties transferred to the Boston Water and Sewer Commission by Ch. 436 of the Acts of 1977.
11-6.2   Deputy Commissioner.
   The Commissioner may, from time to time, by a writing approved by the Mayor and deposited with the City Auditor, designate, for such period as may be specified therein, one of his or her division engineers to be Deputy Commissioner. The Deputy Commissioner shall have authority, by virtue of such designation, to approve and sign bills, drafts, pay rolls and requisitions and to perform such other routine duties as the Commissioner may require, but shall not have authority to make any permanent appointments nor to make contracts, except in the absence of the Commissioner, and then only under a separate authorization under Subsection 5-5.29.
(Rev. Ord. 1961 c. 21 § 2; CBC 1975 Ord. T11 § 151; CBC 1985 11-6.2)
Cross-reference:
   Ord. ss 5-5.29
11-6.3   Use of Public Ways.
   The Commissioner shall have the jurisdiction vested by statute in the Board of Street Commissioners in relation to the planting and removal of trees in the public ways and to the use of public ways for any temporary obstruction or projection in, under or over the same; but such jurisdiction shall only be exercised with the written approval of the Mayor in each instance. The Commissioner shall also have the powers and perform the duties conferred or imposed by statute on the Board of Street Commissioners in relation to the use of parts of public ways for the storage and sale of merchandise. When establishing rules or regulations for the dates of temporary license periods for the use of public space for sidewalk cafés, the Commissioner shall make licenses available year-round. However, nothing herein shall be construed to prevent the Commissioner from imposing additional requirements on year-round licenses.
(Ord. 1954 c. 2 § 46; Rev. Ord. 1961 c. 21 § 3; CBC 1975 Ord. T11 § 152; CBC 1985 11-6.3; Ord. 2009 c. 3)
11-6.4   Street Lighting.
   The Commissioner shall have charge of all lamps established by the Boston City Council and maintained at the expense of the city, of all lamps set up in parks, parkways or public grounds, and of all lamp-posts, posts or fixtures connected with such lamps, and shall set up and affix lamps in the streets; shall have the care and custody of all city property used or hereafter acquired for the purpose of street lighting, and shall maintain and keep the same in good repair.
(Rev. Ord. 1961 c. 21 § 4; CBC 1975 Ord. T11 § 153)
Cross-reference:
   Ord. ss 7-4.7
11-6.5   Bridges.
   The Commissioner shall have the care and management of all bridges which are used as highways, and are in whole or in part under the charge of the City; shall keep the railings and wearing surface in good order and shall remove all dirt, snow and ice from the sidewalks; shall keep all said bridges, or those parts thereof under his or her care, and the abutments, guards, draws and wharves thereof, clean and in good condition and repair; shall appoint drawtenders for the draws in bridges of which he or she has the care, and see that they properly perform their duties, and may remove them for such cause as he or she shall deem sufficient; and shall assign in his or her order of removal. Each drawtender so appointed shall take charge by night and by day of the draw of which he or she is drawtender; shall require from the person in charge of a vessel applying to pass through the draw a true statement of the name, extreme width and draught of the vessel; shall determine the order in which vessels may pass through the draw; and may direct the placing of warping-lines, anchors and cables, and the use of any warping apparatus provided by the city; shall cause the draw to be opened for the passage of vessels in accordance with the regulations of the Department of the Army; shall cause the draw to be closed with all possible expedition after a vessel has passed through, not permitting more than one vessel to pass through at one opening of the draw, except that, when the draw is open and the bridge is free from persons desiring to cross, he or she may, in his or her discretion, permit other vessels to pass through before causing the draw to be closed; and shall perform such additional duties as said Commissioner may require.
(Rev. Ord. 1961 c. 21 § 5; CBC 1975 Ord. T11 § 154; CBC 1985 11-6.5)
Cross-reference:
   Statutes, Title 11 § 30
11-6.6   Record of Sewer Construction.
   The Commissioner shall keep a book in which he or she shall record the date of every order for constructing a sewer, the name of the contractor or builder constructing it, the date of commencing and the date of completing the work and the cost of the sewer. He or she shall make and deliver to the Collector- Treasurer all bills for assessments as they become due.
(Rev. Ord. 1961 c. 21 § 6; CBC 1975 Ord. T11 § 155; CBC 1985 11-6.6)
Cross-reference:
   Ord. ss 6-3.5
Editor’s note:
   The water works system and the sewer works system of the Department of Public Works were abolished and the duties transferred to the Boston Water and Sewer Commission by Ch. 436 of the Acts of 1977.
11-6.7   Sewer Plans.
   The Commissioner shall keep a plan for every existing and every new sewer, showing its depth, breadth, mode of construction and general direction, and shall, from time to time, ascertain and insert on such plans all entries made into the sewers.
(Rev. Ord. 1961 c. 21 § 7; CBC 1975 Ord. T11 § 156; CBC 1985 11-6.7)
Editor’s note:
   The water works system and the sewer works system of the Department of Public Works were abolished and the duties transferred to the Boston Water and Sewer Commission by Ch. 436 of the Acts of 1977.
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