[Adopted as Art. XXIX of the Code of Ordinances]
A.
Whenever
the City is about to construct a new street or to break up the surface
of any street, the Director of Engineering, Commissioner of Public
Services, Public Works shall, at least two weeks before beginning
work thereon, notify the Salem City Council, National Grid Gas, National
Grid Electric, the MBTA, Verizon and Comcast if the Salem City Council
or any of the companies mentioned have been authorized to lay or place
any pipes, conduits or tracks in such street. If the Salem City Council
or any of the companies mentioned have any work to be done in the
street designated in the notice, it shall consult and arrange with
the Director of Engineering, Commissioner of Public Services, Public
Works in order that such work may be done before the surface of such
street is prepared anew for public travel. The Director shall also
notify the abutters on such street and all other persons interested
therein by publishing a notice of the work proposed in one of the
City newspapers at least one week before beginning such work, and
if any abutter or other person desires to open such street to do any
work therein, application for a permit shall be made forthwith in
order that the work may be done before the surface of the street is
prepared as aforesaid. After such notice and opportunity have been
given, no such council, company, abutter or person shall, for the
space of five years, break up the surface of such street so prepared,
except in case of obvious necessity, to be certified to and approved
by the Mayor.
B.
No street
or way shall be opened by drain layers or other persons between the
first day of December and the first day of the following April, except
in case of necessity, certified to and approved by the Mayor, but
nothing in this section shall prevent connection being made with a
common sewer or drain when ordered by the Board of Health.
A.
Whenever there is to be any excavation in any street or sidewalk
in the City, the Director of Engineering, Commissioner of Public Services,
Public Works shall notify National Grid Gas, National Grid Electric,
Verizon and Comcast at least 48 hours before commencing the work to
determine whether or not any pipes or conduits might be endangered
by such excavation. Such excavations include water, sewer, surface
drainage, tree removals, installation of posts to a depth of over
one foot, street repairs and construction, sidewalk repair and construction,
etc.
B.
If it is determined by the aforesaid companies that their services
might be endangered, then such companies shall take appropriate measures
to supervise and protect their respective services.
C.
In the event of any emergency, the provision requiring 48 hours'
notice shall not apply but the Director of Engineering, Commissioner
of Public Services, Public Works shall immediately notify the aforesaid
companies.
Whenever any repairs, openings of trenches or any temporary
occupation of any street, way or traveled place in the City is contemplated
to be performed by any public service corporation or by a private
contractor or corporation, at least 24 hours' notice of same shall
be given by such corporation or contractor to the Chief of the Fire
Department of the City. The notice shall set forth in general the
extent and duration of the work contemplated.
Whenever any accident occurs upon the highways or other public
places of the City, or when for any cause circumstances arise involving
possible liability of the City to damages, it shall be the duty of
the members of the police force, including regular, reserve and special
officers, the foreman and employees of the Public Services Department
and members of the Fire Department, having knowledge of such accident
or circumstances, to report the same forthwith and without delay to
the head officer of their respective departments; and such report
shall contain a sufficient statement of the place, time and special
facts under which such accident or circumstances arose, and such head
of department shall thereupon forthwith transmit such report to the
Chairman of the Legal Affairs Committee and to the City Solicitor.
[Amended 2-21-1989 by Ord. No. 108A; 5-15-1989 by Ord. No. 249]
A.
No person shall break or dig up, or assist in breaking or digging
up any part of any street, or remove any gravel or other similar thing
therefrom for any purposes whatever except by permission of the Director
of Engineering, Commissioner of Public Services, Public Works and
under such restrictions and conditions as he may think proper.
B.
A permit in writing must first be obtained from the Director of Engineering,
Commissioner of Public Services, Public Works. Any and all holders
of permits as aforesaid shall provide suitable lights in and on all
obstructions or excavations placed by them in such public streets
or ways between sunset and sunrise, and shall provide a suitable boardwalk
for public use around such obstructions and excavations. In the case
of failure to so provide suitable lights, the Director shall provide
the same at the expense of the holder of the permit.
C.
In addition, the applicant shall provide the City with a cash bond
in the amount of $1,000 or $10 per linear foot of trench, whichever
is greater, to be held by the City Treasurer.
D.
In the event that the work for which the permit under this section
is obtained is not completed in a timely manner or maintained in a
satisfactory condition as determined by the Director of Engineering,
Commissioner of Public Services, Public Works, then the Director shall
give the applicant 48 hours' notice by registered or certified mail
to complete the work or make the necessary repairs.
E.
If the repairs or completion ordered by the Director of Engineering, Commissioner of Public Services, Public Works is not completed within 48 hours of the applicant's receipt of notice, the Director shall notify the City Council's Committee on Public Services. The Committee on Public Services shall have the authority to release so much of the cash bond to the Public Services Department provided for in Subsection C above as the Commissioner determines is necessary to complete or repair the street so disturbed. Each and every break or digging up of any street shall require a separate permit, fee and cash bond.
No person shall place or maintain any grating, or make any permanent
excavation under the surface of any street for the purpose of constructing
a coal hole, or for light and air, or for an entrance, or for any
other purpose without permission from the City Council. No person
shall leave such coal hole or other aperture open or unfastened between
sunset and sunrise in any case, nor in the daytime unless actually
in use and properly guarded. No grating shall project more than two
feet into the street.
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 estate and every person maintaining a
post, pole or other structure in the 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 part with
the City to keep the same and the covers thereof in good repair and
condition at all times during his ownership and to indemnify and save
harmless the City against any and all damages, costs, expenses and
compensation which it may sustain or be required to pay by reason
of any excavation or structure being under or in the street or being
out of repair during his ownership, or by reason of any cover of the
same being out of repair or unfastened during his ownership.
No person shall place or maintain any posts in any street except
by permission of the City Council, which permit may be revoked at
any time.
No person shall hold or assist in holding gatherings or meetings
in any public street within the City or occupy or use any portion
of the same with temporary stands for the purpose of selling or attempting
to sell any goods, wares or commodities of any description without
first securing a permit from the Chief of Police, which permit shall
state the day and hour or period for which such meeting, gathering
or occupancy is to be held or made, nor without exhibiting such permit
to any police officer when requested by him to do so.
No person shall, without permission from the Board of Health,
carry in or upon any vehicle through any street or way coal, sawdust,
ashes or any other material or debris which is liable to fall from
such vehicle upon any street or way, whether or not the falling is
caused by the elements, unless the same shall have been properly covered.
The Engineering Department, subject to the control and direction
of the City Council, shall have general charge of numbering or renumbering
streets in the City, and the committee shall make all necessary rules
and regulations for the carrying out of the aforesaid powers.
A.
No person shall move a building in a public street or way without
permission from the City Council, which shall be granted upon such
terms as in its opinion the public safety and convenience may require.
B.
All applications for such permission shall state the current location
and that to which the building is to be moved, its length, width and
height, and the principal material of which it is constructed, and
shall definitely describe the route over which it is to be moved,
the length of time required to move it, and whether any shade trees
or branches thereof will have to be removed and, if any, the location
thereof, and shall be accompanied by the certificate of the Director
of Engineering, Commissioner of Public Services, Public Works approving
the desired route. In all cases where a permit has been granted for
the removing of a building as provided in this section, the moving
of which will necessitate the cutting of electric light or power wires
by any corporation authorized to maintain the same in the City, the
holder of the permit shall, before any such building is moved from
its location, notify such corporation of the granting of the permit,
and thereupon such corporation shall give not less than 24 hours'
notice through some daily newspaper published in the City, describing
the wires which are to be cut and the time when the power or light,
or both, are to be suspended.
C.
No person shall move any such building until he has given a bond
to the City in the sum of $300 with two or more sureties, one of whom
shall be the owner of the building, to save harmless and indemnify
the City from all damages which may occur by such moving. The bond
shall be approved by the Director of Engineering, Commissioner of
Public Services, Public Works and filed with the City Clerk before
the permit is issued.
A.
Generally. Notwithstanding any other provisions of the City ordinances,
the City Council, under the direction of the Director of Engineering,
Commissioner of Public Services, Public Works, shall establish and
cause to be constructed sidewalks in public ways of such materials
as it may determine.
B.
Curbing. Any person constructing a building on an existing street
shall construct a sidewalk and curbing of material which conforms
with the general area.
