701.00 Streets
701.01 No person, except the Selectmen or Superintendent of Public Works, shall obstruct any street, or any part thereof, or break or dig the ground of the same, without first obtaining a written permit from the Selectmen therefor; and the Selectmen may before granting such permit require a bond on the penal sum of four thousand dollars ($4,000.00) and with such sureties, if any, as they may approve to indemnify the Town against any liability by reason of any act done under such permit.
701.02 Any person holding a permit under Section 1 shall put, and at all times keep a suitable railing around the parts of any sidewalk or street so obstructed or dug up, so long as the same shall be unsafe or inconvenient for travelers, and shall also keep as many lighted lanterns fixed to such railing or fence, every night from twilight in the evening through the whole night, as the Selectmen or Superintendent of Public Works shall direct.
701.03 Whenever any sidewalk becomes obstructed or made impassable by reason of the erection or repairing of any building, or of doing any work, the person doing or causing the same to be done shall place a good and convenient walk around each obstruction.
701.04 No owner, tenant, or other person having control of any
buildings or premises shall permit a gate or door thereon to swing open across any part of a street or sidewalk.
701.05 No person, except the Board of Selectmen or Superintendent
Of Public Works, shall obstruct any main street or any part thereof, or break or dig the ground of the same without first obtaining a written permit from the Department of Public Works: and if any such work is performed on those streets that are deemed main streets by the Superintendent of Public Works, a police detail must be hired to protect the safety of the public and to insure that the normal flow of motor vehicle traffic and pedestrian foot traffic is maintained.
702.00 Water /Water Service Charges
702.01 No charges shall be placed against property owners in
replacing or renewing water service lines when town labor and/or
equipment is employed if such replacement or renewal is caused by
unforeseen elements.
702.02 Authority
This By-Law is adopted by the Town under its home rule powers, its
police powers to protect public health and welfare and its specific authorization under M.G.L. c. 40, Sections 21 and 21D.
702.03 Purpose
The purpose of this By-Law is to protect, preserve, and maintain the public health, safety and welfare whenever there is in force a state of water supply emergency by providing for enforcement or any duly imposed restrictions, requirements, provisions or conditions imposed by the Town or by the Department and included in the Town's plan approved by the Department of Environmental Quality Engineering to abate the emergency.
702.04 Definitions
For the purpose of this By-Law;
enforcement authority shall mean the Town's Superintendent of Public Works or his Designee
state of water supply emergency shall mean a state of water supply emergency declared by the Department of Environmental Protection
pursuant to G.L. c. 21G, Section 15, G.L c. 111, Section 160, or
by the Governor.
702.05 The following shall apply to all users of water supplies supplied by the Town:
Following notification by the Town, of the existence of a state
of water supply emergency, no person shall violate any provision, condition, requirement or restriction included in a plan approved by the Department of environmental Quality Engineering which has as its purpose the abatement of a water supply emergency. Notification of any provision, restriction, requirement or condition with which users of water supplied by the Town are required to comply to abate a situation of water emergency shall be sufficient for purposes of this By-Law if it is published in a newspaper of general circulation within the Town, or by such other notice as is reasonably calculated to reach and inform all users of the Town supply.
702.06 Penalty
Any person or entity who violates this By-Law, shall be liable to
the Town in the amount of fifty dollars ($50.00) for the first violation and one hundred dollars ($100.00) for each subsequent violation which shall inure to the Town for such uses as the Town Meeting may direct. Fines shall be recovered by indictment or on complaint before the District Court or by non-criminal disposition
in accordance with section 21D Chapter 40 of the General Laws. Each separate instance of non-compliance following the issuance of any warning or citation pursuant to this section shall constitute a separate violation.
702.07 Right of Entry
Agents of the enforcement authority may enter any property for the purpose of inspecting or investigating any violation of this By-Law or enforcing against the same.
702.08 Severability
The invalidity of any portion or provision of this By-Law shall not
invalidate any other portion, provision or section hereof.
703.00 Sewer
703.01 In order to comply with an administrative Consent Order issued by the Massachusetts Department of Environmental Protection, the Town of Saugus must correct deficiencies in its sanitary sewer system. In order to avoid fines levied by the Massachusetts Department of Environmental Protection, the Town of Saugus is required to inspect each building in the Town of Saugus to determine the existence of unauthorized connections and private inflow sources to the sanitary sewer system.
Article IX, Section 1 of the Town of Saugus Sewer Use Regulations allows town officials to access private properties at reasonable times in order to inspect and test connections with public sewers. Pursuant to this section and in compliance with the Administrative Consent Order, the Town of Saugus intends to inspect every private property. The Town of Saugus will send an initial notification letter to each owner requesting that the owner call a special number to arrange for a property inspection. The Town of Saugus will then call any property owner who does not respond to the initial notification letter. Thereafter if the property owner fails to respond, the Town of Saugus will visit the property; if access is denied at that time, an informational packet will be left requesting that the property owner
call the Town of Saugus to schedule an inspection time. If the property owner then fails to contact the Town of Saugus or allow access within 30 days after the information packet is distributed, that person will be deemed to be in violation of this by-law. Any person who violates this by-law is liable for a penalty not to exceed fifty dollars ($50) for each offense.
Reasonable times for property inspection shall be between 9 a.m. and 7 p.m., Monday through Friday and 10 a.m. – 4 p.m. on Saturday. Town officials who conduct such inspections must present to the property owner identification that is in a format approved by the Police Chief. Town officials seeking entrance onto private property for such inspections must have a CORI background check on file in the Selectmen’s office. Property owners can only be fined 30 days after being warned by the Town via certified mail.
(Article 11 of the 2005 Special Town Meeting of September 26.)
703.02
Article IX, Section 1 of the Town of Saugus Sewer Use Regulations allows town officials to access private properties at reasonable times in order to inspect and test connections with public sewers. In order to ensure that prohibited connections to the sanitary sewer system (such as roof downspouts, exterior foundation drains, areaway drains, or other sources of surface water or groundwater) do not exist on private properties, the Town of Saugus shall conduct inspections of private properties pursuant to the Sewer use regulations prior to transferring any sewer bill or issuing any occupancy permit.
Reasonable times for property inspection shall be between 9 a.m. and 7 p.m., Monday through Friday and 10 a.m. – 4 p.m. on Saturday. Town officials who conduct such inspections must present to the property owner identification that is in a format approved by the Police Chief. Town officials seeking entrance onto private property for such inspections must have a CORI background check on file in the Selectmen’s office. Property owners can only be fined 30 days after being warned by the Town via certified mail.
(Article 12 of the 2005 Special Town Meeting of September 26.)
704.00 Right to Know
Part 1:
Whenever the Town of Saugus notifies the Department of Environmental Protection of sewer overflows or discharges sewage into the Saugus River, the Town Manager must:
1. Notify the public within one week, through notice in a newspaper of regular circulation, about the time, location, duration and estimated quantity of the overflow as well as what measurers were used to mitigate.
2. Notify the Saugus Board of Health within 12 hours of any overflow or discharge.
Part 2:
If the Saugus River is receiving raw sewage, then:
1. Property owners within 100 yards of the Saugus River, from Bridge Street, downstream to the Saugus Municipal Boundary, shall receive written notice and warning from the Town of Saugus within 48 hours.
2. Signs must be conspicuously placed within 12 hours at Vitale Park and the Penney Landing on Ballard Street for a period of time to be determined by the Board of Health.
3. Notice shall be sent to the Saugus and Lynn cable TV stations within 12 hours of the beginning of any period of sewage discharge. Said notice shall read: “The Town of Saugus has issued a warning about potential health risks in the Saugus River from bacterial pollution with recent sewage overflows.”
(Article 26 of the 2005 Annual Town Meeting held on May 23, 2005)
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