[HISTORY: Adopted by the Town Meeting of the Town of Hadley 3-2-1914 ATM by Art. 36 as §§ 14, 15, 24 and 31 of the 1914 General Bylaws. Amendments noted where applicable.]
No person shall place in any drinking fountain or basin of water set up and established in the street or public ground, for the use of man or beast, any dirt, stone, ashes, rubbish, offal or filth of any kind, and no person shall bathe or wash any clothing or other article or substance in any such trough, fountain or basin of water.
No person shall throw or put any dead carcass, filth, or offensive matter of any description into any pond or stream within the limits of said Town.
No person shall fish or bathe in any reservoir or other source of water supply for the Town, or place or use a boat therein, or throw dirt, rubbish, filth or offensive matter, or commit a nuisance therein.
No person shall maintain a water closet, vault or privy in an unwholesome, unclean or improper place or condition.
[Added 2-11-1952 ATM by Art. 20]
No person shall install a septic tank or other means of sewage disposal without written permission of the Board of Health. Said permission shall be granted only after inspection and approval by the Sanitarian of the Board of Health.
[Added 5-3-2018 ATM by Art. 20]
Authority and purpose. Pursuant to the general powers granted to cities and towns by Article 89 of the Amendments to the Massachusetts Constitution, this bylaw is adopted for the prevention of future nuisances and the removal of existing nuisances within the Town, which nuisances constitute a hazard of blight, or adversely affect property values. Any person who allows a nuisance as defined and regulated by this bylaw to exist on his or its property shall be in violation of this bylaw.
- Any condition that seriously impairs the value, condition, strength, durability, or appearance of real property, or is otherwise detrimental to property values or neighboring properties, including real property owned or occupied by an interested party as defined below.
- A structure, whether portable or fixed, with exterior walls or firewalls and a roof, built, erected or framed, of a combination of any materials, to form shelter for persons, animals, or property. See "structure" below.
- A condition of decay or partial ruin due to neglect, misuse, or deterioration. The term includes, but is not limited to:
- (1) Property having deteriorated or ineffective waterproofing of exterior walls, roofs, foundations, or floors, including broken or inadequately secured windows or doors.
- (2) Property having defective weather protection (such as paint, stain, siding or tarpaulin) for exterior wall covering; deleterious weathering due to lack of such weather protection or other protective covering.
- (3) Personal property that is broken, rusted, worn, partially or wholly dismantled or otherwise due to deterioration is unsuitable for the purpose for which designed.
- (4) Property having a paved parking lot or a parking area in a deteriorated condition causing hazardous conditions to automobiles, bicycles, or pedestrians. Such conditions may include but are not limited to potholes, broken pavement, and/or insufficient drainage so as to cause flooding.
- A condition likely to expose persons to injury, or property to damage, loss or destruction.
- INTERESTED PARTIES
- In connection with the notification requirements of this bylaw, interested parties are the Building Commissioner; owner(s) and/or occupants of property which is the subject of a hearing; owners and/or occupants of property directly opposite the subject property on any public or private street or way, owners and/or occupants of property abutting the subject property, and owners and/or occupants of abutting property, and that is within 300 feet of the property line of the subject property. Other persons who own or occupy property and who demonstrate to the satisfaction of the Building Commissioner that they are affected by the condition of the property or building that is the subject of proceedings under this bylaw may be regarded as Interested Parties by the Building Commissioner.
- Any substantial interference with the common interest of the general public in maintaining decent, safe and sanitary structures that are not dilapidated and neighborhoods, when such interference results from the hazardous or blighted condition of private property, land or buildings. The fact that a particular structure or use may be permitted under the zoning bylaw does not create an exemption from the application of this bylaw. The term includes but is not limited to:
- (1) Burned structures not otherwise lawfully habitable or usable.
- (2) Dilapidated real or personal property, including but not limited to real or personal property containing graffiti, tagging or similar markings.
- (3) Dilapidated real or personal property, including parking lots or parking areas.
- (4) Dangerous or unsafe structures or personal property.
- (5) Overgrown vegetation which may harbor rats and vermin, conceal pools of stagnant water or other nuisances, or which is otherwise detrimental to neighboring properties or property values.
- (6) Dead, decayed, diseased or hazardous trees.
- (7) Personal property that is exposed to the elements without protection against deterioration, rust or dilapidation.
- (8) Vehicles, machinery or mechanical equipment or parts thereof that are located on soil, grass or other porous surfaces that are likely to result in the destruction of vegetation or contamination of soil.
- (9) In any Residence District, keeping, storing or allowing to remain on the premises more than one unregistered motor vehicle, body, chassis, or other component of a vehicle, without a permit or license from the Select Board, or unless that same is stored or kept in a garage.
- (10) Trash, debris or personal property that has been placed for collection as rubbish or refuse in violation of Town of Hadley policies as approved by the Director of Public Works.
- A person who occupies real property with the consent of the owner as a lessee, tenant at will, licensee or otherwise. The singular use of the term includes the plural when the context so indicates.
- Every person who alone or jointly or severally with others:
- (1) Has legal title to any building, structure or property to this bylaw.
- (2) Has care, charge, or control of any such building, structure or property in any capacity, including but not limited to agent, executor, administrator, trustee or guardian of the estate of the holder of legal title.
- (3) Is a lessee under a written letter agreement.
- (4) Has a mortgagee in possession.
- (5) Is an agent, trustee or other person appointed by the courts.
- RESPONSIBLE PARTY
- The owner or occupant (in the case of real property) of property that is the subject of proceedings under this bylaw. The singular use of the term includes the plural when the context so indicates.
- A combination of materials, whether wholly or partially level with, above or below the surface of the ground, whether permanent or temporary, assembled at a fixed location to give support, shelter or enclosure such as a building (see above), framework, retaining wall, stand, platform, bin, fence (having a height at any point of six feet or greater above grade), parking area sign, flagpole, or mast for an antenna or the like.
This bylaw shall be enforced by the Building Commissioner, the Fire Chief and/or their designees (collectively, the "Enforcing Authority"). If the Enforcing Authority is informed or has reason to believe that any provision of this bylaw has been, is being, or is likely to be violated, the Enforcing Authority shall make or cause to be made an investigation of the facts, including an investigation of the property where the violation may exist. If the Enforcing Authority finds any violation, he/she shall give immediate notice, in writing, to the owner and to the occupant of the premises to immediately cease such violation. In making such inspection, the Enforcing Authority shall have such right of access to premises that may be lawfully exercised by him/her under the laws and constitution of the Commonwealth or of the United States.
If, after such notice and order, such violation is continued, or if any owner or occupant fails to obey any lawful order of the Enforcing Authority with respect to any violation of the provisions of the bylaw, the Enforcing Authority may make complaint to the Superior Court or any court of competent jurisdiction for any injunction or order restraining any further use of the premises and the continuation of the violation and shall take such other action as is necessary to enforce the provisions of this bylaw.
In addition to the foregoing remedy, whoever violates any provision of this bylaw or fails to obey any lawful order issued by the Enforcing Authority in enforcing this bylaw shall be liable to a fine of not more than $300 for each violation. Each violation of this bylaw shall constitute a separate offense.
The Enforcing Authority may require disclosure to him/her of the identity of the person bringing a complaint of nuisance. The Enforcing Authority may require that such complaint be made under oath or subject to the penalties of perjury. If the Enforcing Authority determines that a reported condition may warrant immediate action, constitute a substantial violation of this bylaw, or adversely affect protected interests of others than the complainant, the Building Commissioner may commence action under this bylaw without requiring the disclosure of the identity of the complainant.
If the Enforcing Authority determines that the condition is subject to the jurisdiction of the Board of Health or is a violation of the State Sanitary Code or any health regulation, in addition to enforcing this bylaw, he/she shall refer the matter to the Board of Health of the Town or other appropriate state or Town officials for action.
During the Enforcing Authority's investigation of the matter, he/she may consult, but is not required to do so, with any interested party in an attempt to obtain voluntary compliance with this bylaw without the need to issue a notice of violation.
The Enforcing Authority shall take any action with regard to a farm in compliance with MGL c. 111, § 125A.
Notice to complainant. In any matter in which a complaint has been made by a person other than the Enforcing Authority, the Enforcing Authority, if requested, shall promptly notify the complainant in advance of all conferences or proceedings concerning resolution of the nuisance complaint or of any enforcement action, and the complainant shall be allowed to be present and to be heard.
Removal of nuisance by Select Board. If the Responsible Party fails to remedy the nuisance caused by a burnt or dangerous building or structure, upon notice from the Enforcing Authority to do so, the Select Board may take appropriate legal action to remedy the violation.
Review by the Town Administrator. Any interested party who has filed a written complaint of a nuisance with the Enforcing Authority upon which complaint the Enforcing Authority has determined that the condition is not a nuisance, or has taken other action that the interested party claims is inadequate, shall have a right to a review of the matter by the Town Administrator. At the request of such an interested party, the Town Administrator shall confer with the Enforcing Authority and shall recommend appropriate action to the Enforcing Authority and to the Select Board.
Reports by the Enforcing Authority. The Enforcing Authority shall file with the Town Administrator each month a report that shall include all complaints of nuisance made to him/her during the prior month; all proceedings begun by him under this bylaw; all pending complaints and all investigations and enforcement actions taken by him/her or referred to the Board of Health. The report shall state the location of the premises, a summary of the nature of the complaint, the name of the responsible party(ies), and the disposition or the status of the matter.