City of Gardner, MA Article I Structure or Apparatus Upon or Under Sidewalk

[Adopted 5-7-1951 by Ord. No. 126]

§ 567-1 Permit required.

No person, including corporations, shall construct, install, operate, or maintain upon or under any public sidewalk any structure or apparatus, including, but by no means being limited to, coal chutes, loading and unloading elevators, manholes and window grates, unless a permit authorizing the construction, installation, operation, or maintenance of such structure or apparatus has been issued by the City Council and is in effect. Such permit shall not be issued unless a suitable cash deposit, surety bond or insurance indemnity policy to save the City harmless from all liability of any nature whatsoever caused directly or indirectly by such construction, installation, operation, or maintenance of such structure or apparatus is filed with the City Clerk. Said deposit, bond or insurance policy shall be subject to approval of the City Solicitor.

§ 567-2 Existing structures.

The owner of any such structure or apparatus presently located on or under a public sidewalk may continue to maintain and operate said structure or apparatus without obtaining a permit from the City Council if said owner files with the City Clerk, within one week after the effective date of this article, the cash deposit, bond, or insurance policy described in § 567-1 above.

§ 567-3 Removal by City.

[Amended 11-18-2013 by Ord. No. 1563]

If any person constructs, installs, operates, or maintains such a structure or apparatus without receiving such permit from the City Council or without providing such cash deposit, bond, or insurance policy satisfactory to the City Solicitor, the Department of Public Works may, after five days' written notice from the City Solicitor to the owner of the structure or apparatus, remove said structure or apparatus and do whatever is necessary to repair the public sidewalk, at the expense of the owner.

§ 567-4 Violations and penalties.

Any person violating the provisions of this article after the expiration of the five days' notice described in § 567-3 shall be subject to a fine not exceeding $5 for each day such structure or apparatus remains on or under the public sidewalk.