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City of Gardner, MA
Worcester County
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Table of Contents
Table of Contents
[Adopted 6-5-1995 by Ord. No. 1189]
As used in this article, the following terms shall have the meanings indicated:
BARRICADE
A device or structure used to prevent physical access to a specific area.
CITY CONSTRUCTION CONTRACT
A major City project being constructed under direction of the Director of Public Works, the City Engineer or his duly appointed designee.
CURBLINE
The edge of or either side of a roadway or paved portion of a street.
DIRECTOR
The Director of Public Works of the City of Gardner or his designee.
ENCROACH
To intrude upon, above or beneath any public ways.
EXCAVATION
A cutting into the existing paved or grassed surface by any means whatsoever.
GRASS PLOT
That unpaved portion (normally grassed) of a street between the curblines or the lateral lines of a roadway and the sidewalk. Some streets have sidewalks to the curbline.
PERSON
Any person, firm, partnership, association, society, corporation, company, governmental agency or organization of any kind.
PUBLIC WAY
A street under any designation either maintained by the City of Gardner or accepted or laid out as a public way by the City, including without limitation the roadway and sidewalks.
ROADWAY
That portion of a street improved, designed, or ordinarily used for vehicular traffic.
SIDEWALK
That paved portion of a street between the curb grass plots or the lateral lines of a roadway and the adjacent property lines intended for pedestrian use.
STREET
The entire width between the boundary lines of every public way publicly maintained.
STREET LINE
The boundary line on either side of a street.
[Amended 8-3-1998 by Ord. No. 1277; 12-3-2001 by Ord. No. 1358]
See City of Gardner Department of Public Works and Survey Department specifications.
[Amended 12-3-2001 by Ord. No. 1358]
A. 
See City of Gardner Department of Public Works and Survey Department specifications.
B. 
Moving building; payment. The movement of a building shall be accomplished at such times and in a way and manner as the Director may require. Each request for a permit to move a building shall be accompanied by written certification in accordance with the following:
(1) 
Chapter 85, § 18, of the Massachusetts General Laws. Permission is required from City to move a building within a public way.
(2) 
Chapter 87, § 13, of the Massachusetts General Laws. A permit from the Tree Warden and approval of the City are required to cut, trim or remove any public shade tree.
A. 
Failure to obtain a permit as required in these regulations before commencing the work or, having obtained a permit, failure to comply with these regulations or conditions in the permit shall be subject to a fine of $100 for each offense, and each day in which violation continues shall constitute a separate offense. For purposes of these regulations, the Director of Public Works shall be the enforcement officer.
[Amended 5-6-2002 by Ord. No. 1365; 11-18-2013 by Ord. No. 1563]
B. 
These regulations may be enforced by any court of competent jurisdiction.
A. 
Any person accused of violating these rules and regulations (violator) shall be notified of the alleged violation, in writing, via certified mail, return receipt requested, which shall set forth a date and time at which a hearing will be held before the Director or his designee in order to afford the person an opportunity to be heard in regard to the alleged violation, with or without counsel, as the violator shall choose.
B. 
Any hearing scheduled under this section shall be held not sooner than seven days nor later than 30 days (unless an extension is agreed to by both the violator and Director) after the date of the hearing notice. The rules of evidence observed by the courts need not be adhered to. The proceedings may be tape recorded, and the recording shall be kept in the custody of the Department of Public Works.
C. 
At any hearing scheduled under these provisions, the documents and other evidence offered shall constitute the hearing record. The written decision shall be based solely on the hearing record and shall be made within 30 days (unless an extension is agreed to by both the violator and Director) after the conclusion of the hearing and shall be mailed to the violator.
D. 
Any violator aggrieved by the decision of the Director may petition, within 14 days of the date of the decision, the City Council Public Service Committee to review the written decision and hearing record. The City Council Public Service Committee shall review the hearing record and the Director's decision and shall, within 30 calendar days (unless an extension is agreed to by both the violator and Director) following the receipt of the petition for review, issue in writing either a confirmation or modification of the Director's decision, addressed to the violator and with copies to the Director.