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SECTION 11.18 TEMPORARY REPAIRS ON PRIVATE WAYS; SCOPE; COUNCIL APPROVAL REQUIRED; ASSESSMENT OF PROPERTY OWNERS; LIABILITY

A. Pursuant to Mass. General Laws Chapter 40:6N, the Public Works Commission may make temporary repairs on any private way, which the City Council has determined is required by public necessity and for which a majority of the abutters have petitioned. Such repairs may include the installation, construction, reconstruction or resurfacing, in whole or in part, of such ways. Except as otherwise provided, the provisions of Massachusetts General Laws Chapter 82 shall apply to repairs to private ways under this section. The City shall not be liable for any damage caused by repairs made under this section.

B. The City Council may assess betterments upon the owners of lands which derive particular benefit or advantage from the making of such repairs on any such private way, if City funds are used. Such assessment may be a sum equal, in the aggregate, to a maximum of the total cost of such repairs and, in the case of each such lot, shall be in proportion to the frontage thereof on such way.