State law reference — Powers of
Council to establish sidewalks, MGL c. 83, § 25.
[Gen. Ords. 1962, § 17-13]
All applications for the establishing, grading and construction
of sidewalks and the assessment of abutting property owners shall
be in writing and shall be addressed to the Council and shall state
the names of all abutting property owners on such proposed sidewalk
and the manner in which the petitioners desire such sidewalk to be
constructed.
State law reference — Sidewalk
amusements, MGL c. 83, §§ 26—29.
[Gen. Ords. 1962, §§ 17-14, 17-15]
(a)
The Council shall, by an order, appoint a time and place for hearing
all persons interested in the establishing, grading and construction
of sidewalks as referred to in the preceding section and shall give
notice thereof, in writing, to all abutters on such proposed sidewalk,
at least seven days before the time of the hearing. The notice shall
be given by causing an attested copy of such order to be left at the
usual place of abode of each of such abutters or by delivering the
same to such abutters or their tenants or agents in hand. If such
abutter has no known place of abode in the City and no agent or tenant
within the City known to the Council, such notice shall be posted
in some public place in the City at least seven days before the time
of hearing. Such notice shall be served by mail.
(b)
The Council shall hear all parties referred to in this article interested,
at the time appointed, and, if the Council is of the opinion that
public convenience requires that a sidewalk should be established,
graded and constructed and the abutters assessed substantially as
prayed for, it shall so adjudge by a resolution to that effect, and
thereupon the Council may order that a sidewalk be established and
graded and that a proportional part of the expense thereof be assessed
upon the abutters, and shall, by such order, prescribe the width and
manner of construction of the same.
[Gen. Ords. 1962, § 17-16]
All sidewalks ordered pursuant hereto to be established and
graded shall be constructed with a granite curbing at the corners
of the intersecting streets, and the expense of all such curbing as
lien within the line of the street named in the order shall be included
in the cost of the work and assessed upon the abutting property owners
as a part of such sidewalk.
[Gen. Ords. 1962, § 17-17]
Every sidewalk shall be constructed, graded and completed by
the Director of Public Works and Forestry. The Director of Public
Works and Forestry shall cause to be kept an exact account of the
expense thereof, and shall report the same to the Council forthwith,
after the same is finished and whenever ordered so to do, with the
names of all abutting property owners assessable therefor and the
estates benefited thereby, with a brief description thereof.
[Gen. Ords. 1962, §§ 17-18, 17-19]
(a)
After receiving the report under the provisions of Section 17-44, the Council may, by an order, assess the several abutters on a sidewalk constructed, graded and completed by the Director of Public Works and Forestry, a sum not exceeding the sum authorized by statute, and fix a time for payment thereof The City Clerk shall, immediately after the passage and approval of such order, transmit a certified copy thereof to the auditor, who shall take account of and deliver the same to the City Treasurer for collection.
