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The Commissioner shall issue such a permit to any person authorized by the Public Improvement Commission to place a coal hole, vault or coal slide under a street, or a cover thereto, on condition the terms of which shall be those stated in Subsection 11-6.9, and in addition that the person applying for the permit shall make the underground structure of suitable construction satisfactory to the Commissioner, and shall pay such fee as may be prescribed by ordinance; shall make the opening of a coal hole or coal slide circular, and not more than 18 inches in diameter, and furnish a cover therefor of iron, made with a rough upper surface, and with three or more iron rods or legs at least 2 feet in length, fitting closely to the side of the opening, and projecting downwards from the underside of the cover, and so constructed that, while the cover can be lifted perpendicularly, it cannot be tipped or easily removed from the opening.
(Reg. Bd. of Ald. October 19, 1863; Rev. Ord. 1890 c. 18 § 8; Ord. 1954 c. 2 § 49; Rev. Ord. 1961 c. 21 § 12; CBC 1975 Ord. T11 § 161; CBC 1985 11-6.12)
Cross-reference:
Ord. ss 8-7.1
The Commissioner shall issue such a permit to a building mover actually engaged in the business, for the purpose of moving a building through the streets, on condition, the terms of which shall be those stated in Subsection 11-6.9; provided that an application for such permit, describing the location from and to which, and the route over which, the building is to be moved, the length, width and height of the building, and the principal material of its exterior and roof, and accompanied by the written consent of the Building Commissioner to the placing of the building on the lot proposed, shall be first made to the Commissioner. Whenever it appears that the moving of a building will encumber the tracks of any railroad corporation, a public hearing shall be given by the Commissioner upon the subject before such permit is issued.
(Ord. 1954 c. 2 § 50; Rev. Ord. 1961 c. 21 § 13; CBC 1975 Ord. T11 § 162; CBC 1985 11-6.13)
The Commissioner shall, when authorized thereto by an order of the Public Improvement Commission, issue such a permit to a responsible person for the purpose of laying, maintaining and using wires, railway tracks or rails in the streets, or wires, pipes or conduits under the surface thereof, on condition the terms of which shall be those stated in Subsection 11-6.9, and in addition that the person applying for the permit shall, whenever requested so to do by the Mayor, furnish in his or her conduits for wires accommodations free of charge for all wires belonging to, or to be used by, the city; shall remove the conduits and wires whenever directed, and not until directed, so to do by an order of the public improvement commission approved by the Mayor; and shall not disturb or interfere with any wires, pipes or sewers lawfully laid in such street or connected therewith.
(Ord. 1954 c. 2 § 51; Rev. Ord. 1961 c. 21 § 14; CBC 1975 Ord. T11 § 163; CBC 1985 11-6.14)
Cross-reference:
Statutes, Title 8 § 500
The Commissioner shall, when authorized thereto by an order of the Public Improvement Commission, issue such a permit to a responsible person for the purpose of placing and maintaining in the streets poles for the support of wires, on condition the terms of which shall be those stated in Subsection 11-6.9 and in addition that the person applying for the permit shall keep the poles well painted and in good condition, to the satisfaction of the Commissioner; shall place the wires on the poles not less than 21 feet from the ground; shall keep the name of the person owning the pole distinctly painted on the crossbars used and occupied by him or her on the pole, and also on the pole at a point not less than 6 feet nor more than 8 feet from the ground; shall allow the Departments of the city the exclusive use of the lowest crossbar of each pole, free of all charge, for the purpose of placing wires thereon; shall not suffer or permit any other person to place or keep wires on the poles, or upon the fixtures thereto affixed, without permission being first obtained in writing from the Public Improvement Commission; shall not remove any pole erected under the order until, and shall remove any pole when, directed by the Public Improvement Commission so to do; and that on the violation of any term of these conditions the Commissioner shall remove the poles at the expense of the person owning them.
(Ord. 1954 c. 2 § 51; Rev. Ord. 1961 c. 21 § 15; CBC 1975 Ord. T11 § 164; CBC 1985 11-6.15)
The Commissioner shall not deliver any such permit to any person for the applicant therefor until he or she has received from such person a certificate that a copy of the permit entered in a book kept for the purpose, is a correct copy of the permit he or she receives, and the applicant, unless an employee of the city applying for a permit for public work, has given a bond in the case of permits under Subsections 11-6.9, 11-6.10, 11-6.11, 11-6.12 and 11-6.13, of $5,000, and under Subsections 11-6.14 and 11-6.15, of $20,000, each bond, with one or more sureties satisfactory to the Commissioner, conditioned upon the faithful observance of the conditions and specifications of each and every permit thereafter issued on his or her application by the Commissioner; and the Commissioner may at any time require a new bond, which shall be considered a strengthening bond, unless the sureties on the former bond or bonds are expressly released from their liability by vote of the City Council. No bond shall be required of any person to open a public street for the purpose of planting a tree therein if such person has been duly authorized by the proper municipal authorities to plant trees in such street. No bond shall be required of any person to occupy a street for the purpose of standing a moving truck at curb while loading and unloading contents of a residence or a business as defined by Subsection 18-1.16(I). No bond shall be required of any person to occupy a street for the sole purpose of standing a vehicle at a curb in connection with the delivery of goods to a residence or a business as defined by 18-1.16(J).
(Rev. Ord. 1961 c. 21 § 16; Ord. 1964 c. 2; Rev. Ord. 1961 (Sup. 1971) c. 21 § 16; CBC 1975 Ord. T11 § 165; CBC 1985 11-6.16; Ord. 2011 c. 4; Ord. 2018 c. 8)
Cross-reference:
Ord. ss 6-3.4; Ord. ss 7-4.8
The Commissioner shall not issue any such permit to a person who has within 12 months previous to his or her application violated or failed to observe the conditions or specifications of any such permit.
(Rev. Ord. 1961 c. 21 § 17; CBC 1975 Ord. T11 § 166; CBC 1985 11-6.17)
Every owner of an estate hereafter maintaining any cellar, vault, coal hole or other excavation under the part of the street which is adjacent to, or part of, his or her estate, shall do so only on condition that such maintenance shall be considered as an agreement on his or her part to hold the city harmless from any claims for damage to himself or herself or the occupants of such estate resulting from gas, sewage or water leaking into such excavation or upon such estate; and every such owner and every person maintaining a post, pole or other structure in a street, or a wire, pipe, conduit or other structure under a street, shall do so only on condition that such maintenance shall be considered as an agreement on his or her part with the city to keep the same and the covers thereof in good repair and condition at all times during his or her ownership and to indemnify and save harmless the city against any and all damages, costs, expenses or compensation which it may sustain or be required to pay, by reason of such excavation or structure being under or in the street, or being out of repair during his or her ownership, or by reason of any cover of the same being out of repair or unfastened during his or her ownership.
(304 Mass. 18; Reg. Bd. of Ald. October 19, 1863; Rev. Ord. 1890 c. 18 § 12; Rev. Ord. 1961 c. 21 § 18; CBC 1975 Ord. T11 § 167; CBC 1985 11-6.18)
The term
APPURTENANT STRUCTURES IN THE PUBLIC WAY shall include, but not be limited to, poles, hydrants, surface access to gates, valves and meters, manhole frames, pullbox frames, catch basin inlet frames, signs, shelters and any structural supports approved by the Public Improvement Commission.
(Ord. 1983 c. 2; CBC 1985 11-6.19)
Any person, corporation, trust, partnership, governmental body, Board, Commission, Authority, Agency or body politic and corporate who occupies the public or private ways of the city with proper permit from the Public Works Department or otherwise, as a condition of such occupation, shall be responsible and liable for the maintenance and restoration of all pavement within 30 inches of any and all of the appurtenant structures where they intersect the surface of the public way, roadway or sidewalk, and shall maintain said areas and repair any defect in its entirety which lies wholly or in part in the said area. Defects shall include, but not be limited to: pot holes, chuckholes, frost heaves, cracking, spalling, settling, delaminating or patch repair. Repairs and restorations made by the above-mentioned parties shall be made in accordance with the specifications of, and under permit from the Boston Public Works Department, and at no cost to the city.
(Ord. 1983 c. 2; CBC 1985 11-6.20)
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