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(A) Each person, corporation, trust, partnership, governmental Board, Commission, Authority, Agency or body politic and corporate, occupying the public or private way, as a condition of such occupation, shall forever indemnify and save harmless the city against all claims and demands of all persons for damages, costs, expenses or compensation for, on account of, or in any way growing out of or the result of any surface defect occurring wholly or in part within the area described in Subsection 11-6.20.
(B) When the city constructs or reconstructs the pavement adjacent to any of the above-mentioned structures, such action shall not abrogate the responsibility of the above-mentioned parties.
(Ord. 1983 c. 2; CBC 1985 11-6.21)
(A) Petition for temporary repair. Under the authority of Chapter 693, of 1977, appearing as M.G.L. Chapter 40, Section 6N, the city shall, when necessity dictates, cause temporary repairs to be made on private ways which have been opened to public use for six years or more. Upon the filing of a petition signed by owners of 50% or more of the property parcels abutting a private way, the Commission of Public Works, or qualified designee, shall inspect and determine what temporary relief measures may be taken to fill depressions to make the roadway satisfactory for vehicular use.
(B) City to assume cost of temporary repairs. Temporary repairs shall be at city expense, but only include the filling of holes and depressions with sand, gravel, cinders or other suitable materials and shall not include the resurfacing or permanent construction of private ways.
(C) Cost of resurfacing or permanent patching. At the request of owners of a majority of property lots abutting a private way, the Public Works Commissioner, or his or her designee, may arrange for resurfacing or permanent patching of depressions in an existing paved way on a shared cost basis. The extent of such work shall be agreed to in advance by owners, who collectively will be assessed half the costs of such work.
(D) Apportionment of charges of permanent repair. Betterments or charges will be apportioned on the ratio of frontage owned on such private way. Taxpaying owners may pay cost in cash or have them assessed as betterments over a period of years. Tax-exempt properties will be charged for their respective share of work. The Public Works Commissioner shall supervise such work and may require that present or potential drainage problems be resolved as part of the undertaking.
(Ord. 1979 c. 10, §§ 1-3; CBC 1985 11-6.22)
All persons, corporations, trusts, partnerships, governmental bodies, Boards, Commissions, Authorities, Agencies or bodies politic and corporate who occupy the public way with tracks or rails for any purpose, as a condition of such occupation, shall be responsible and liable for the maintenance and restoration of all pavement within 24 inches of outside rails, within the limits of the tracks itself and the area between two sets of tracks where two sets of tracks exist together. The above-mentioned parties 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 shall be made according to the specifications of the Public Works Department, city and at no cost to said city.
(Ord. 1983 c. 2; CBC 1985 11-6.23)
(A) The above-mentioned parties, as a condition of such occupation, shall forever indemnify and save harmless the city against all claims and demands of all persons for damages, costs, expenses or compensation for, on account of or in any way growing out of, or as the result of any surface defect occurring wholly or in part within the area described in Subsection 11-6.23.
(B) When the city, constructs or reconstructs, repairs or repaves the above-mentioned pavement, this action shall not abrogate the responsibility of the above-mentioned parties.
(Ord. 1983 c. 2; CBC 1985 11-6.24)
The above-mentioned parties are required to cooperate with any capital improvement desired by the city in that they must repave or reconstruct the above-mentioned areas, to Public Works Department standards, to ensure the overall continuity of the project.
(Ord. 1983 c. 2; CBC 1985 11-6.25)
The Commissioner shall require every person who maintains an entrance on a level with or below, or a flight of steps descending immediately from or near, the line of the street, which is not otherwise safely guarded to the satisfaction of the Commissioner, to enclose such entrance or steps with a permanent iron railing on each side at least 3 feet high from the top of the sidewalk or pavement, and to provide the same with a gate opening inwardly, or with two iron chains across the entrance way, one near the top and the other half way from the ground to the top of the railing, and to keep such gates or chains closed during the night, unless the entrance or steps are sufficiently lighted to prevent accident.
(Rev. Ord. 1961 c. 21 § 19; CBC 1975 Ord. T11 § 168; CBC 1985 11-6.26)
The Commissioner shall close and fill up, at the expense of the owner of the premises abutting on a sidewalk, any excavation under such sidewalk, whether constructed under a permit or not, which has not been closed and filled up within five days after the Public Improvement Commission has ordered the owner so to do.
(Ord. 1954 c. 2 § 52; Rev. Ord. 1961 c. 21 § 20; CBC 1975 Ord. T11 § 169; CBC 1985 11-6.27)
Cross-reference:
Ord. ss 8-7.1; Statutes, Title 14 § 155
The Commissioner shall keep a record of the notices of defects in streets sent to him or her, with the name of the person giving the notice and the time when given, and shall without delay cause the locality of the alleged defect to be examined, and, if the defect is of such a character as to endanger the safety of public travel, shall do whatever may be necessary to protect the public from injury by the defect, and shall cause it to be immediately repaired.
(Rev. Ord. 1961 c. 21 § 21; CBC 1975 Ord. T11 § 170; CBC 1985 11-6.28)
The Commissioner shall have the care and control of all property acquired or held by the city for the purposes of its water supply; shall maintain the same in good order and condition; shall use and operate the same and furnish all supplies required therefor; shall purchase, lay, maintain and test all meters, pipes and other fixtures and appliances necessary for supplying water to the inhabitants of the city, including the placing of drinking fountains and supplying the same with cold water; shall take all measures necessary to protect and preserve the purity of the water; shall exercise a constant supervision over the use of water; shall have control of the water supply and may in a public emergency shut the water off and let it on at such times as he or she deems necessary; shall, with the approval of the Mayor, from time to time determine and establish the rates for the use of water; shall, whenever a water rate has remained unpaid for 30 days after its due date, send notice to the owner or tenant of the premises to which the water is supplied, that the water rate has become a lien on the premises and that if the water rate continues to remain unpaid, the water will be shut off; shall, if a water rate is not paid within ten days after sending the notice herein provided for, shut off the water from the particular service unless such action is inconsistent with law or unless, in the opinion of a physician designated by the Commissioner, the shutting off of such water would endanger the life of any person; shall not let on again water shut off for nonpayment of a water rate until a service charge of $2, in addition to the amount of the unpaid account, is paid except where the law requires the letting on again of the water without the payment of the unpaid account. However, the Commissioner may, in his or her discretion, waive the payment of such $2 service charge where the unpaid account is less than $20. The provisions relative to the shutting off and letting on of water shall apply when two or more persons take water from the same service pipe although one or more may have been paid the amount due from him or them. No charge shall be made for sending the notice herein provided for.
(Ord. 1941 c. 6; Rev. Ord. 1961 c. 21 § 22; CBC 1975 Ord. Tl1 § 171; CBC 1985 11-6.29)
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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