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11-6.35   Regulations for Water Takers.
   The Commissioner shall cause the following regulations to be printed on every bill for water, which regulations shall constitute a part of the contract with every taker of water furnished by the city.
   (A)   Every water taker shall pay the rates for water furnished on his or her application within the time and at the place specified in the bills therefor; shall, at his or her own expense, keep the service pipes within his or her premises, including any area or vault beneath the sidewalk, in good order and repair and protected from frost; shall not allow the water to leak away or run to waste; shall not—unless he or she pays the rates established therefor or takes water by meter rates—use water from a hose; shall not use water from a hose in any case, except during such days and hours and in such manner as the Commissioner of Public Works may, from time to time, specify; shall not make any changes in the pipes or water fixtures under the street or within his or her premises, unless such change is approved by the Commissioner; shall not conceal the purpose for which the water is used; shall allow the Commissioner and persons authorized by him or her to enter the premises supplied with water, examine the fixtures and ascertain the quantity of water used, the manner of use and whether there is unnecessary waste; and shall indemnify the city for all damages it may sustain or be required to pay in consequence of any injury resulting from any violation of these regulations by the water taker.
   (B)   Every water taker must stop the use of water for any purpose when required to do so by the Commissioner of Public Works and must guard against collapse of a boiler and other injuries liable to result from want of water, as the water is liable to be shut off at any time without notice.
   (C)   No water taker shall, except in accordance with a written permit from the Commissioner of Public Works or in case of fire in the neighborhood, allow water to be taken from his or her premises, or use water for any purpose other than those for which he or she pays, or open any hydrant attached to the water pipes of the city.
   (D)   No water taker shall demand or be entitled to any abatement of his or her water rates for any year on account of the premises being vacated, unless they are vacated before January 1 and notice thereof is given to the Commissioner of Public Works before February 1 of such year; nor shall any water taker demand or be entitled to any abatement of rates, compensation or damage on account of the shutting off, or the stopping of the use, of water for any cause.
   (E)   The Commissioner of Public Works shall equip with water meters all new services installed; shall, if a water taker refuses to allow a water meter to be placed on his or her premises, cause the water to be shut off from the same; may without notice, cause the water to be shut off from any premises or require the use of water for any purpose designated by him or her to be stopped; and may, if any water taker, whether supplied through an independent service pipe or a service pipe used in common with another, violates any of these regulations, cause the water to be shut off from all premises supplied by such pipe until satisfied that the regulations will be observed and that all amounts due for water have been paid to the Collector-Treasurer, together with such further sum, not exceeding $10, as the Collector-Treasurer may require.
(St. 1907 c. 524; St. 1909 c. 177; Ord. 1954 c. 2 § 54; Rev. Ord. 1961 c. 21 § 28; CBC 1975 Ord, T11 § 177; CBC 1985 11-6.35)
Cross-reference:
   Statutes, Title 4 § 1; Ord. ss 6-3.5; Statutes, Title 14 § 172
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.
11-6.36   Engineering Work.
   Except as otherwise provided by statute, the Commissioner of Public Works shall have full charge of all engineering work of every nature and description connected with all public works and all public improvements, and shall make such surveys, plans, estimates, statements and descriptions, and take such levels, as any Officer of the city may need in the discharge of his or her duties, and shall have the custody of all surveys and plans relating to the laying out, relocating, altering, widening, constructing, making specific repairs on and discontinuing public ways and alleys.
(Ord. 1954 c. 2 § 55; Rev. Ord. 1961 c. 21 § 29; CBC 1975 Ord. T11 § 178; CBC 1985 11-6.36)
11-6.37   Inspection and Measurement of Public Work.
   The Commissioner shall, by himself or herself or by his or her duly authorized Agents, inspect and measure all public work done under his or her direction by any Department by contract or otherwise, and the City Auditor, in case any bill or estimate for such work is presented to him or her for allowance, may require from the Commissioner a certificate for such bill or estimate stating whether the materials have been furnished or the work done in accordance with proper engineering standards or in accordance with the terms of the contract for such work.
(Rev. Ord. 1961 c. 21 § 30; CBC 1975 Ord. T11 § 179; CBC 1985 11-6.37)
Cross-reference:
   Statutes, Title 4 § 1; Ord. ss 6-1.4
11-6.38   Discontinuance of Public Work.
   The Commissioner shall have authority to order any public work, whether done by a Department or under contract or otherwise, to be discontinued, reconstructed or removed, whenever in his or her opinion such work fails in any manner to comply with or fulfill the terms, conditions, specifications and requirements of any such contract or agreement, or fails in his or her opinion to conform with proper engineering standards.
(Rev. Ord. 1961 c. 21 § 31; CBC 1975 Ord. T11 § 180; CBC 1985 11-6.38)
Cross-reference:
   Statutes, Title 4 § 1
11-6.39   Charge Against Appropriations.
   Any expense incurred by the Commissioner in carrying out any of the provisions of this Section, except as provided for by the appropriation for the Department of Public Works, shall be charged to the several appropriations under which the works are authorized or paid for, upon requisition of the Commissioner.
(Rev. Ord. 1961 c. 21 § 32; CBC 1975 Ord. T11 § 181; CBC 1985 11-6.39)
11-6.40   Division of Engineers; Qualifications.
   The Commissioner shall divide the Public Works Department, from time to time, into an Engineering Division and such other Divisions as the Commissioner shall adjudge necessary for the proper conduct of the Department. Each Division shall be in charge of a civil engineer of recognized standing in his or her profession, who shall be an expert in the duties which may devolve upon him or her, and shall devote his or her whole time to the work.
(Ord. 1954 c. 2 § 56; Ord. 1960 c. 7; Rev. Ord. 1961 c. 21 § 33; CBC 1975 T11 § 182; CBC 1985 11-6.40)
11-6.41   Certificate of Qualifications of Engineers.
   In appointing an engineer to take charge of a Division of the Department, the Commissioner shall certify that he or she is a civil engineer of recognized standing in the profession, that in the Commissioner’s opinion he or she is an expert in the work which shall devolve upon him or her; that he or she is a person specially fitted by education, training or experience to perform the duties which may devolve upon him or her; and that the appointment is made solely in the interest of the city, such certificate to be filed with the City Clerk and to be open to public inspection.
(Rev. Ord. 1961 c. 21 § 34; CBC 1975 Ord. T11 § 183; CBC 1985 11-6.41)
11-6.42   Annual Report.
   The Commissioner shall, in his or her annual report, include a statement of the repairs and expenditures on each street and each bridge under his or her charge, of the number of times each draw of a bridge has been operated for the passage of vessels, of the number of vessels laden with cargo that have passed through each draw, of the number of water takers and the purposes for which the water is taken, of the number and kind of water meters installed during the previous year, of the number and kind of water meters in use, of the number of cases where the water has been shut off, and of the number and amount of abatements which have been made during the preceding year on water rates.
(Ord. 1954 c. 2 § 57; Rev. Ord. 1961 c. 21 § 35; CBC 1975 Ord. T11 § 184; CBC 1985 11-6.42)
11-6.43   Vehicles Interfering with the Removal of Snow.
   (A)   For the purpose of plowing or removing snow from a street the Commissioner of Public Works or such subordinate or subordinates (as defined in Section 1-1(I)) as he or she may, from time to time, designate may remove, or cause to be removed, to some convenient place, including in such term a public garage and an open-air parking space, any vehicle in such street interfering with the plowing or removal of snow therein, except a vehicle owned by the commonwealth or a political subdivision thereof or by the United States. At the time of such removal, a record in duplicate of the registration number of every vehicle removed under this Subsection, a general description of such vehicle, the date and time of removal and the place from which as well as the place to which the vehicle is removed, shall be made by or for the Commissioner, who shall keep one copy on file and forthwith send the other copy to the Police Commissioner.
   (B)   The owner of every vehicle removed under this Subsection shall be liable for the cost of such removal and of the storage charges, if any, resulting therefrom; provided that the cost of removal shall not exceed $12 and that the cost of storage shall not exceed $0.50 for the first hour (or fraction thereof), or $0.10 for each subsequent hour (or fraction thereof), of storage.
(Ord. 1945 c. 3; Ord. 1954 c. 2 § 84; Ord. 1962 c. 2; Rev. Ord. 1961 (Sup. 1971) c. 21 § 37; CBC 1975 Ord. T11 § 185; Ord. 1977 c. 12; CBC 1985 11-6.43)
Cross-reference:
   M.G.L. Chapter 40, Section 21, Clause 16
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