File #: 368-22    Version: 1 Name:
Type: Ordinance Status: Passed
File created: 9/8/2022 In control: City Council
On agenda: 11/15/2022 Final action: 11/15/2022
Title: Order: Be it ordained that Section 11.08 (Streets and Sidewalks) of the MCC be amended by adding Section 11.08.200 to address markings on the public way.
Sponsors: Craig Spadafora
Attachments: 1. Ordinance Amendment Proposal Letter 9 8 2022, 2. DigSafeMarkingRemovalOrdinance, 3. 11.08 STREETS AND SIDEWALKS, 4. Dig Safe Amended Form Recommended October 11, 2022, 5. Final Paper: 368-22

Title

Order: Be it ordained that Section 11.08 (Streets and Sidewalks) of the MCC be amended by adding Section 11.08.200 to address markings on the public way.

Body

11.08.200 Markings of Public Way to be Removed When Complete

220 C.M.R. 99.00 defines terms and delineates the duties of those subject to M.G.L. c. 82, s. 40, also known as the "Dig Safe" Law. To ensure at project completion the public way is restored to the condition it was in prior to the work being performed specific to marking of the public way, the following requirements apply to such work:

 

A. Dig Safe to notify the Director of Public Works:

Dig Safe shall notify the Director of Public Works within 72 hours upon completion of any marking that is done within the public way, including but not limited to any sidewalks or streets.

 

B. Requestor to remove markings upon job completion:

Upon completion of the work requiring marking of the public way, the party requesting the marking shall remove any markings from the public way within 30 days using a pressure washer or another means acceptable to the Director of Public Works.

 

C. Failure to remove markings within the 30-day time period shall result in a fine and the City of Malden shall arrange for removal from a Public Works crew and such overtime and materials shall be billed to the contractor, business, or property owner.