[HISTORY: Adopted by the Town of Barnstable 1-17-2013 by Order No.
2013-031. Amendments noted where applicable.]
GENERAL REFERENCES
Peace and good order — See Ch. 147.
The purpose and intent of this chapter is to define a coherent
method of addressing the adverse effects on the health, safety, welfare,
and quality of life of residents arising from properties where illegal
activity occurs on a regular basis. Some persons that own or control
such properties allow their properties to be used for illegal activity,
with the result that these properties have become chronic problem
properties in the neighborhood. Chronic problem properties within
the Town of Barnstable cause a financial burden by the numerous calls
for service to the properties because of the illegal activities that
repeatedly occur or exist on such properties. The current provisions
of the ordinances relating to noise and disturbing the peace do not
provide an adequate tool for abating such chronic problem properties.
The Town through its public safety, code enforcement and regulatory
agencies is in a unique position to gather data on such properties
and to establish an active plan tailored to address the particularized
problems and costs posed by specific properties.
A.
Authority for police response. Where Police Department personnel,
while on duty in service to the Department, are dispatched or caused
to respond at a particular dwelling unit, property or location on
multiple occasions, to incidents involving criminal offenses, whether
a misdemeanor or felony under federal, state or local law, the Chief
of Police is hereby authorized and empowered to assign to such dwelling
unit, property or location a member or members of the department to
staff such police response as the Chief of Police deems appropriate
to protect the health, safety, and welfare of the inhabitants of the
Town of Barnstable.
B.
Requirements for police response. Such assignment of a police response
shall only occur after the following procedure has been satisfied:
(1)
Upon being dispatched or caused to respond to an incident at a property
involving a misdemeanor or a felony, Police Department personnel shall
investigate the validity of the complaint against the occupants at
the particular property or location.
(2)
Upon finding a valid complaint, police shall make a record of the
incident and shall mail a copy of this chapter and copies of the all-calls
reports relating to said police response to the property owner by
certified mail. A "valid complaint," "incident" or "felony or misdemeanor,"
as used in this chapter, shall not include a complaint, incident or
offense where an occupant of the premises is the victim of the crime.
(3)
The Police Department shall make a record of the number of such incidents
at a particular dwelling unit, property or location and keep such
record within the Department's control.
(4)
After two valid complaint incidents in a twelve-month period relating
to the occupancy of a dwelling unit, or to a particular property or
location, the Chief of Police or his designee may request a meeting
with the property owner to coordinate a plan to resolve the incidents
at the particular property. For the purpose of calculating the number
of such incidents, where a particular property contains more than
one single dwelling unit, providing complete independent living facilities
for one or more persons, including provisions for living, sleeping,
eating, cooking and sanitation, a valid complaint incident shall be
attributable to any single unit where the valid complaint incident
has been documented, and not to the entire multiple-unit property.
(5)
After the four valid complaint incidents, whether misdemeanor or
felony, in a twelve-month period, relating to the property owner,
tenants or occupants of a dwelling unit or at a particular property
or location, the Chief of Police shall schedule a meeting with the
property owner and after the hearing, at his/her discretion, may make
the decision to designate the property as a chronic problem property
and assign a police response.
(a)
Factors that shall be considered by the Chief of Police include
the following:
(b)
The Chief of Police shall notify, in writing, the property owner
of his decision to designate the property as a chronic problem property
and to assign police response as follows:
[1]
If the property owner resides within the Town of Barnstable,
such notification should be hand delivered to the property owner's
residence or usual place of business that is on record at the Assessor's
office and by mailing the notification to such address by regular
and certified mail, return receipt requested; or
[2]
If the property owner does not reside within the Town of Barnstable,
by mailing the notification to the property owner's residence
or usual place of business that is on record at the Assessor's
office by regular and certified mail, return receipt requested.
[3]
The Chief of Police's notification must inform the property owner that he/she may request, in writing, a hearing, within 14 days of the notification, from the Chief of Police and where and to whom he/she must address his/her letter of appeal, specified under § 160-2D.
[4]
The notification shall contain the number of valid complaint
incidents which occurred on said property in a twelve-month period.
(6)
After the hearing under Subsection B(5) above, the property may be officially identified as a chronic problem property, and the property owner shall be subject to the penalties addressed in Subsection C. The Chief of Police may commence assigning police response seven days after hand delivery of the notification and 10 days after mailing the notification to the property owner.
(7)
The Chief of Police or his designee shall keep an accurate record
of the cost of police response to a particular property or location,
including an accurate record of the number of officers who are part
of the determined response; and the Chief of Police shall forward
such record to the Collector.
(8)
Coordination of police response is subject to the rules and regulations
of the Department.
C.
Penalties.
(1)
The Collector is hereby authorized and empowered to notify and bill the property owner for the costs the Town incurred for its police response in addition to any incidental costs during the period of police response to the dwelling unit, particular property or location. The property owner is responsible for payment of the bill in full within 30 days of receiving the bill, unless an appeal under § 160-2D is timely filed. All amounts collected by the Collector shall be deposited into the general fund of the Town.
(2)
Any unpaid bill for police response, including interest and/or collection
costs, shall be added to the real estate tax on the property and collected
as part of that tax. Failure to pay real estate taxes will render
the property owner delinquent, and the Collector shall commence foreclosure
proceedings.
D.
Property owner's rights. The property owner may request, in writing, a hearing before the Problem Properties Appeals Committee within 14 days of receipt of notification in order to appeal the designation of the property as a chronic problem property under § 160-2B(6) and/or to contest any penalties set forth in § 160-2C. A decision on the appeal must be in writing. If the Committee finds that the property is not a chronic problem property, the designation shall be removed and any penalties assessed shall be rescinded. If the Committee finds that the property is a chronic problem property, it may 1) uphold the penalty in its entirety or 2) reduce the penalty or 3) abate any portion thereof that has already been paid.
E.
Eviction. In the event the property owner has commenced the process
of eviction against the tenant(s) responsible for the incidents at
the property, and demonstrates that he has proceeded diligently and
in good faith, then the application of this chapter shall be stayed
until the eviction process is concluded. The Chief of Police may continue
police response at the particular property or location, at his discretion,
at all times after the eviction proceeding has been completed; provided,
however, that such costs shall not be assessed to the property owner.
F.
Charges to constitute municipal lien pursuant to MGL c. 40, § 58.
All charges to recover costs imposed in this chapter shall constitute
a municipal lien on the property so charged in accordance with MGL
c. 40, § 58.
G.
Reporting requirements. The Chief of Police shall submit a written
report to the Town Manager and Town Council, no later than six months
after the effective date of this chapter, which shall include the
total cost of administration of this chapter, as well as an accounting
of all revenues collected in association with it. It shall also contain
data regarding all dwelling units within a property, particular properties
or locations which remain chronic problem properties and those that
are no longer designated as chronic problem properties. The report
shall also include the general impact, if any, that the implementation
of this chapter has had on the health, safety, and welfare of'
residents of Barnstable.
H.
PERSON
POLICE RESPONSE
PROPERTY OWNER
VALID COMPLAINT
Definitions.
Any individual, partnership, corporation, firm, association,
or group, including a governmental unit and the Town of Barnstable
or any of its agencies.
Any and all police action deemed appropriate by the Chief
of Police to protect the health, safety and welfare of inhabitants
of a property or location where valid complaints have been documented.
Any person who alone or severally with others has legal title
to any building, structure, property, dwelling, dwelling unit(s),
rooming unit or parcel of land, vacant or otherwise; mortgagee in
possession; or agent, trustee or other person appointed by the courts.
An investigated finding, documented by on-duty Police Department
personnel dispatched or caused to respond to an incident, that a misdemeanor,
felony under federal, state or local law has taken place in a dwelling
unit, within a property, on a particular property or at a specific
location which disturbs the health, safety and welfare of other inhabitants
of said property or location. The term shall not include incidents
involving an occupant of the premises as the victim of the crime.
