[HISTORY: Adopted by the Special Town Meeting
of the Town of Harwich 5-5-2009 by Art. 1. Amendments noted where applicable.]
In order to protect and enhance public safety
by reducing the risk of fire hazard, the provisions of the Code of
Massachusetts Regulations, 527 CMR 1.00 to 50.00, as from time to
time amended, are hereby incorporated in and made a part of this bylaw,
and any violation of any provision thereof shall constitute a violation
of this section.
Whoever violates any provision of § 100-1 shall be punished by a fine of $50 for each offense. In the case of any continuing violation, each day said violation continues shall constitute a separate offense. Said section shall be enforceable by the head of the Fire Department or his authorized designee as well as by Town officers having police powers.
A.
The Fire Chief or his authorized designee, upon complaint
of a person having an interest in any building or premises or property
adjacent thereto, shall at any reasonable hour enter into said building
and upon said premises, or adjacent property, within the jurisdiction
of said Town and make an investigation as to the existence of conditions
likely to cause fire. He shall in writing order such conditions to
be remedied, and whenever such officers or persons find in any building
or upon any premises any accumulation of combustible rubbish, including
but not limited to wastepaper, rags, cardboard, string, packing material,
sawdust, shavings, sticks, waste leather or rubber products, broken
boxes or barrels or any refuse or unusable material that is or may
become dangerous as a fire hazard or as an obstacle to easy ingress
into or egress from such buildings or premises, they shall, in writing,
order the same to be removed or such conditions to be remedied. Notice
of such order shall be served upon the owner, occupant, or his authorized
agent by a member of the Fire or Police Department.
B.
If said order is not complied with within 24 hours
or such additional time as the enforcing person determines reasonable
as stated in said notice, the person making such order, or any person
designated so to do, may enter into such building or upon such premises
and remove such refuse or any unusable materials or abate such conditions,
and the owner or occupant of said premises shall be liable for reasonable
expenses incurred in doing so. Any expense so incurred shall be a
lien upon such building or premises, effective upon the filing in
the appropriate Registry of Deeds of a statement of claim therefor
signed by the enforcing person and setting forth the amount of said
lien. The lien shall be enforced within the time and in the manner
provided for the collection of taxes upon real estate.
C.
Any such owner or occupant who fails or refuses to
comply with said order shall be punished by a fine of $75. Each day
noncompliance continues shall constitute a separate offense.
