The City Manager, by and with the consent of the Council, shall
have the power to:
A.
Establish and change from time to time the grade lines, width and
construction materials of any public way or part thereof.
B.
Grade, lay out, open, extend and make new public ways.
C.
Grade, straighten, widen, alter, improve or close any existing public
way or part thereof.
D.
Pave, surface, re-pave or resurface any public way or part thereof.
The City Manager, by and with the consent of the Council, shall
have the power to:
A.
Establish and change from time to time the grade lines, width and
construction materials of any sidewalk, curb or gutter or part thereof.
B.
Grade, lay out, construct, reconstruct, pave, re-pave, repair, extend
or otherwise alter the sidewalks along any public way or part thereof.
C.
Install, repair and maintain curbs and/or gutters along any public
way or part thereof.
A.
The City Manager, by and with the consent of the Council, shall have the power to require and order the owner of any property abutting on any public way to perform any projects under § 201-19 of this chapter at the owner's expense and according to plans and specifications adopted by resolution of the Council and on file with the Department of Public Works. If, after due notice and hearing, the owner fails to comply with the order within a reasonable time, the City may do the work, and the expenses thereof shall be a lien on the property and shall draw interest after 30 days at the rate to be determined by the Council and shall be collectible in the same manner as are other City taxes.
[Amended 10-21-1985 by Ord. No. 286, approved 10-25-1986]
B.
An abutting property owner constructing a new building or substantially
improving an old building upon his or her property shall be required,
at his or her own expense, to provide sidewalks, curbs and gutters
meeting the plans and specifications adopted by the Council; provided,
however, that exceptions may be granted in special cases wherein the
Council determines that the public interest will not be served by
requiring strict adherence to the requirements of this section. In
no case shall any occupancy permit required by this Code be issued
if there has not been compliance with this section.
A.
Whenever the owner of any property situated along any street, highway
or alley of the City shall request the Department of Public Works,
in writing, to set the curb, lay the gutter or pavement, raise the
same to grade or repair the same in front of such property, it shall
be lawful for the Department of Public Works immediately to set the
curb, lay the gutter or pavement, bring the same to grade or repair
the same, as the case may be, in front of such property, the actual
cost of such work to become a lien upon the property from the time
of the conclusion of the work and to be collected as other City taxes
are collected. Such cost will include the overhead expenses involved.
B.
Each property owner, before the Department of Public Works shall
commence the work in question, shall sign a paper of the following
tenor:
"I hereby request the Department of Public Works to __________
waiving all service of notice and agreeing that the actual cost of
such work shall become a lien upon the property from the date of the
completion of the work, to be collected as other City taxes are collected,
as fully and to the same extent as if such work had been regularly
ordered done by the Council and all proceedings fully had in relation
thereto by the Department of Public Works as now required by existing
ordinances."
A.
Apportionment of costs. The cost of the work being charged for shall
be assessed according to the front foot rule of apportionment or some
other equitable basis determined by the Council.
B.
Limitation on amount assessed. The amount assessed against any property
for any project or improvement shall not exceed the value of the benefits
accruing to the property therefrom, nor shall any special assessment
be levied which shall cause the total amount of special assessments
levied by the City and outstanding against any property at any time,
exclusive of delinquent installments, to exceed 25% of the fair cash
market value of the property, after giving effect to the benefit accruing
thereto from the project or improvement for which assessed.
C.
Classes of property. When desirable, the affected property may be
divided into different classes to be charged different rates, but,
except for this, any rate shall be uniform.
D.
Ratification of charges; hearing. Before any charge is levied, it
shall be ratified by the Council. The City Clerk shall cause notice
to be given stating the nature of the proposed project or improvement
and the place and time at which all persons interested, or their agents
or attorneys, may appear before the Council and be heard concerning
the proposed special assessment. Such notice shall be given by sending
a copy thereof by mail to the owner of record of each parcel of property
assessed and to the person in whose name the property is assessed
for taxation and by publication of a copy of the notice at least once
in a newspaper of general circulation of the City. The City Clerk
shall present at the hearing a certification of publication and mailing
of copies of the notice, which certificate shall be deemed proof of
notice, but failure of any owner to receive the mailed copies shall
not invalidate the proceedings. The date of hearing shall be set at
least 10 days and not more than 30 days after the City Clerk shall
have completed publication and service of notice as provided in this
section.
E.
Appeal. Any interested persons feeling aggrieved by the ratification
of any special assessment under the provisions of this section shall
have the right to appeal to the Circuit Court for Worcester County
within 10 days after the final ratification of any assessment by the
Council.
F.
Lien for unpaid charges. All charges, until paid, shall constitute
liens on the property, shall draw interest after 30 days at the rate
to be determined by the Council and shall be collectible as are other
City taxes.
[Amended 10-21-1985 by Ord. No. 286, approved 10-25-1985]
G.
Payment and installments. Special assessments may be made payable
in annual or more frequent installments over such period of time and
in such manner as the Council may decide.
H.
Billing and collection. All special assessments levied under this
section shall be billed and collected by the City Clerk.
No public way, sidewalk, curb or gutter shall be graded or the
grade changed, nor shall any other work be done with respect thereto,
except in accordance with the plans and specifications adopted by
the Council and on file with the Department of Public Works. Any violation
of this section shall be a municipal infraction and shall be subject
to a fine as set forth in the Fees, Charges and Rates Schedule, adopted
by resolution of the City Council from time to time[1] and, in addition, the violator may be required to restore
the public way, sidewalk, curb or gutter to its original condition
at his or her own expense.
[1]
Editor's Note: The current Fees, Charges and Rates Schedule
is on file in the City Clerk's office.
