[HISTORY: Adopted by the Town Meeting of the Town of Dedham
as indicated in article histories. Amendments noted where applicable.]
[Adopted as Ch. 13, Sec. 63, of the 1996 By-laws]
All commercial construction sites must be secured by fencing
during non-construction hours; said fencing must be a minimum of six
feet in height and must be constructed of chain link material or stronger;
said fencing must be approved by the Building Commissioner or his
designee.
[Adopted 5-17-2010 ATM by Art. 36; amended 11-18-2013 STM by Art. 16]
The defacement of property includes the intentional, willful,
malicious, or wanton painting, spraying, marking, scratching, etching,
placing a sticker upon, marring or other forms of defacement or destruction
of the real or personal property of another including but not limited
to a wall, fence, building, sign, rock, monument, gravestone, tablet
or other object or thing on a public way or adjoined to it, or in
public view, or on private property visible or capable of being viewed
by persons utilizing any public right-of-way, including conduct known
or commonly known as "tagging" and the application of markings known
or commonly known as "graffiti."
Any person owning, leasing, occupying, or having charge of any premises shall remove from such premises any condition commonly referred to as graffiti or any other condition resulting from the defacement of property described in § 210-2.
A.
Whenever a condition described in § 210-2 exists on any structure, improvement or other property within the Town, the owner or person in charge of said structure or improvement, shall be issued a Notice to Remove. Such notice shall be in writing, signed by the enforcing authority, and shall have substantially the following form:
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NOTICE TO REMOVE UNSIGHTLY CONDITION FROM STRUCTURES OR
IMPROVEMENTS
FROM STRUCTURES OR IMPROVEMENTS
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To the Owner, Agent of the Owner, Lessee, Occupant, or Person
in Possession of the Property Hereinafter Described
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Pursuant to the provisions of said section, you are hereby notified
that a certain unsightly condition exists on premises specifically
described as __________ which injures neighboring property and the
public health, safety, and welfare. You are therefore notified at
once, and in any event within 30 days from the date of this notice,
to remove said unsightly condition from the property and thereafter
to keep said property free therefrom.
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In the event you fail to complete such work within the time
hereinabove mentioned, the Town shall cause the same to be removed
and you will be responsible for the cost of removal of the condition
from the property.
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Dated at Dedham, Massachusetts, this _____ day of _______________,
_____
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By: ______________________________, ______________________________
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B.
For purposes of this section, the enforcing authority shall be the
Dedham Police Department.
C.
Such notice shall be given to the owner or owner's agent, and
if the owner is not in possession of the property, such notice shall
also be given to the lessee, occupant or person in possession of the
premises described in the notice. Such notice shall be personally
delivered or shall be deposited in the United States mail at the Town,
postage prepaid, addressed to the person designated at his last known
address and if no address is known or made known to the Town, to general
delivery in the Town, and a copy of such notice shall be posted in
a conspicuous place upon the structure or improvement. In the absence
of fraud, no error or mistake in the sending of the notices or any
of them and no failure on the part of any property owner or any other
person to receive the notices shall in any way affect the validity
of the proceedings, provided the person mailing or posting such notice
files an affidavit of mailing or posting.
D.
Within 10 days after the date of posting, publishing, serving, or
mailing such notice, whichever shall be later, the owner or any person
affected by such notice may appeal the order of removal to the Town
Manager. Such appeal shall be in writing, shall specifically state
the objections, and shall be filed with the Town Manager and the Town
Clerk. The Town Manager, upon not less than five days' notice
to the appellant, shall conduct a hearing on the appeal, and notwithstanding
any other section of this by-law, the decision of the Town Manager
shall be final.
[Amended 11-17-2014 ATM
by Art. 18]
[Amended 11-17-2014 ATM
by Art. 18]
If the owner, agent of the owner, lessee, occupant, or person in possession of property upon which a notice to remove a condition described in § 210-2 has been given pursuant to this by-law and in which this determination has not been reversed on appeal to the Town Manager fails to remove the said condition within the time specified by the Notice to Remove or decision of Town Manager, the Town may thereafter remove said condition, and such person shall be liable for the costs of such removal. The Town shall prepare a statement of the expense incurred in removing such unsightly condition.
It shall be unlawful for any person, owner, agent of the owner, lessor, or anyone in possession of any premises within the Town to refuse to allow the Town or its agents or employees to enter upon the premises at any time during the hours of daylight for the purpose of removing, pursuant to § 210-5 any condition described in § 210-2 or to interfere in any way whatsoever with the Town or its agents or employees in any work that the Town may undertake under this by-law. Any violation of this section shall be subject to a fine of $300.
The Town may bring suit in any court of competent jurisdiction to enforce this by-law and to recover the costs of removal of any condition described in § 210-2.
