[Ord. No. 24947, 5-26-1981]
Temporary repairs may be made upon private ways in the City
only in accordance with the provisions of this article.
[Ord. No. 24947, 5-26-1981]
The following words as used in this article, unless the context
otherwise requires, shall have the following meanings:
The filling with sand, gravel, bituminous or other suitable
material of holes and depressions; provided, however, that no single
hole or depression exceeds 25 square feet in area nor is more than
three feet in depth.
The filling with sand, gravel, bituminous or other suitable
material of holes and depressions which exceed the limitations listed
in the definition of minor temporary repairs.
Any way which is not a public way but which has been opened
to public use for six years or more.
[Ord. No. 24947, 5-26-1981]
The City may make minor temporary repairs upon a private way
in the City. Such repairs shall be made only after the Director of
Public Works determines that, in his opinion, the repairs are required
by public necessity and no petition by abutters shall be necessary
for the City to make such repairs. Such repairs shall not be made
until and unless the Director of Public Works submits a statement
in writing in the office of the City Clerk that, in his opinion, the
repairs are required by public necessity. The costs of such minor
temporary repairs shall be borne entirely by the City, no betterments
shall be assessed against the abutters, and no cash deposit shall
be required. Such repairs shall not include surfacing, resurfacing,
installation of drainage of any kind or the original construction
of sidewalks, curbing or street construction.
[Ord. No. 24947, 5-26-1981; Ord. No. 30920, 6-23-2008; amended 4-22-2019 by Ord. No.
34435]
The City may make major temporary repairs on a private way in
the City. Repairs shall be made only after a petition has been filed
in the office of the City Clerk. Such petition shall identify the
repairs to be made and shall be signed by the owners of no less than
50% of the estates which will derive particular benefit or advantage
from the making of such repairs. Following the submission of said
petition, the City Council shall conduct a public hearing, at which
hearing interested persons may present evidence relative to the petition.
No repairs shall be made until the Council, by majority vote of its
members and, following such hearing, determines that such repairs
are required by public necessity and until the Council has adopted
an order authorizing said major temporary repairs. Such order shall
state on its face that betterments are to be assessed upon the owners
of estates which derive particular benefit or advantage from the making
of such repairs. Such assessment shall be a sum equal, in the aggregate,
to 1/3 of the total cost of such repairs and, in the case of each
such estate, shall be in proportion to the frontage thereof upon such
private way or other proportional method as may be approved by City
Council, provided that the special benefit derived by the private
property owners to be assessed for the temporary repairs has been
determined by the City Council to be only 1/3 of the cost thereof
and if the special benefit derived by the private property owners
to be assessed is not determined to be 1/3 of the cost, then the assessment
shall, in the aggregate, be the percentage of the total cost of the
repair equal to the percentage of the special benefit reasonably found
by the City Council to be derived by the private property owners to
be assessed therefor. Such repairs may include surfacing, resurfacing
and the installation of drainage but shall not include the original
construction of sidewalks, curbing or street construction. No cash
deposit shall be required.
[Ord. No. 24947, 5-26-1981]
Except as herein otherwise provided, the provisions of Chapter
80 of the General Laws, as they relate to public improvements and
assessments therefor, shall apply to major temporary repairs, as defined
in this article, to private ways where such repairs are ordered to
be made under authority of this article. Any assessment made in accordance
with the provisions of this article upon the owner of an estate shall
be paid within six months of the date that such assessment is levied,
where the total assessment is less than $200. Where the total assessment
amounts to $200 or more, the owner of the estate may divide the payment
of such assessment into not more than 10 equal payments, the final
installment payment to be made not later than five years from the
date of the levy of the assessment. Assessments made under this article
shall constitute a lien upon the land assessed in accordance with
the provisions of Section 12 of Chapter 80 of the General Laws.
[Ord. No. 24947, 5-26-1981; Ord. No. 30920, 6-23-2008]
(a)
To the extent authorized by law, the City shall not be liable on
account of any damages caused by repairs made under this article,
and any subsequent work performed by the City related to the initial
work shall be deemed to be a new request subject to the provisions
of this article.
(b)
The City shall be liable in an amount not to exceed $5,000 for bodily
injury, death or damage to personal property caused by defective repairs
made by the City to private ways.
(c)
A person so injured or damaged shall, within 30 days thereafter,
give to the City Clerk written notice of the name and residence of
the person injured, and the time, place and cause of the injury or
damage.
(d)
In no event shall the City be liable for bodily injury, death or
damage to personal property caused by reason of a defect or want of
repair in any private way.
[Ord. No. 24947, 5-26-1981]
For the purposes of carrying out the provisions of this article,
the City auditor shall establish within the department of public works
an account to be designated "temporary repairs of private ways." All
monies appropriated to this account shall be used only for the making
of temporary repairs (major and minor) on private ways.
[Ord. No. 26406, § 2, 4-11-1988]
(a)
Reserved parking spaces generally; authorized license plates required.
Any person or body having ownership and/or lawful control of improved
or enclosed property designed for and/or used as an off-street parking
area serving business establishments, shopping malls, theatres, auditoriums,
sporting or recreational facilities, cultural centers, residential
dwellings or any other place or area where the public has a right
of access as invitees or licensees, shall reserve parking spaces in
said places or area for any vehicle owned and operated by a disabled
veteran or handicapped person whose vehicle bears the distinguishing
license plate authorized by MGL c. 90, § 2, or for any vehicle
transporting a handicapped person and displaying the special identification
plate authorized by Section 2 of Chapter 90, or for any vehicle bearing
the official identification of a handicapped person issued by any
other state, or any Canadian Province. This section shall be binding
upon all such places and areas whether the same be owned by and/or
under the control of governmental agencies, and education, charitable
and religious institutions.
(b)
Number of required parking spaces. Spaces so reserved in such place
or area for disabled veterans and/or handicapped persons, or vehicles
shall be in accordance with the following provisions:
(1)
If the number of parking spaces is more than 15 but not more
than 25, one parking space;
(2)
More than 25 but not more than 40, 5% of such spaces but not
less than two;
(3)
More than 40 but not more than 100 (parking spaces), 4% of such
spaces but not less than three;
(4)
More than 100 but not more than 200 (parking spaces), 3% of
such spaces but not less than four;
(5)
More than 200 but not more than 500 (parking spaces), 2% of
such spaces but not less than six;
(6)
More than 500 but not more than 1,000 (parking spaces), 1 1/2%
of such spaces but not less than 10;
(7)
More than 1,000 but not more than 2,000 (parking spaces), 1%
of such spaces but not less than 15;
(8)
More than 2,000 but less than 5,000 (parking spaces), 3/4 of
1% of such spaces but not less than 20; and
(9)
More than 5,000 (parking spaces), 1/2 of 1% of such spaces but
not less than 30.
(c)
Signs. Parking spaces designated as reserved under the provisions of Subsection (a) shall be identified by the use of above-grade signs with white lettering against a blue background and shall bear the words "Handicapped Parking: Special Plate Required. Unauthorized Vehicles May be Removed at Owner's Expense"; shall be as near as possible to a building entrance or walkway; shall be adjacent to curb ramps or other unobstructed methods permitting sidewalk access to a handicapped person; and shall be 12 feet wide or two eight-foot-wide areas with four feet of crosshatch between them.
(d)
Unauthorized use of parking spaces. No vehicle, not bearing a distinguishing license plate so authorized by General Laws Chapter 90, Section 2, shall be left unattended within parking spaces so reserved, under Subsection (a) for use by disabled veterans or handicapped persons.
