§ 23 §3652 — Notice of defect; hearing on petition

1.
Municipal board of appeals; authority to hear petition.
The legislative body of a municipality may appoint the municipal board of appeals established pursuant to Title 30‑A, section 2691 to receive a petition of a defective town way to review.
2.
Persons petitioning defective road.
When a town liable to maintain a town way unreasonably neglects to keep it in repair as provided in section 3651 after one of the municipal officers has had 5 days' actual notice or knowledge of the defective condition, any 3 or more responsible persons, setting forth those facts, may petition the municipal board of appeals that has been granted authority by the legislative body pursuant to subsection 1. The municipal board of appeals shall fix a time and place near the defective town way for a hearing on the petition and cause such notice of the hearing to be given to the town and petitioners as the board of appeals may prescribe. At the time appointed, the board of appeals shall inspect the town way that is alleged to be out of repair and hear the parties interested, and if the board of appeals adjudges the town way to be unsafe and inconvenient for travelers, motor vehicles, horses, teams and carriages, the board of appeals shall prescribe what repairs must be made, fix the time in which the town must undertake the repairs and give notice of the repairs to the municipal officers. If the board of appeals adjudges the town way to be safe and convenient based on existing roadway surface and the season of the year, the board of appeals shall dismiss the petition.

Legislative History

PL 2025, c. 395, §2 (RPR).