[Adopted 12-7-2020]
Temporary repairs may be made upon private ways which are not
subject to Subdivision Control Regulations of the Planning Board in
the City only in accordance with the provisions of this article.
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.
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/her 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.
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 3/4 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. 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.
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.
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.
For the purposes of carrying out the provisions of this article,
an account shall be established within the Department of Public Works
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.
