(C00178-19; amended as part of October 2021 update. Formerly 17-99)
The department of public works of the city of Everett is authorized, in accordance with MGL c.40, §6N, to make temporary repairs on private ways which have been open to public use for 6 years or more only upon the following terms and conditions:
(a)
A petition signed by the abutters of no less than 50 percent of the linear footage of such way must be forwarded to the director of the department of public works requesting such repairs.
(b)
The director of the department of public works must be satisfied that the repairs requested are required by public necessity.
(c)
Such temporary repairs shall be limited only to the filling in of holes and depressions with sand, gravel, cinders, or other suitable materials and shall not include construction, reconstruction, drainage, or resurfacing of such ways.
(d)
The city shall be held harmless on account of any damages caused by such repairs by agreement executed by the abutters who petitioned therefor.
(e)
That any repairs made hereunder shall not have the effect of making MGL c.84, §25, applicable to such ways.