[HISTORY: Adopted by the Town Council of the Town of Barnstable 10-1-2015 by Order No. 2016-028. Amendments noted where applicable.]
Numbering of buildings — See Ch. 51.
Historic properties — See Ch. 112.
Rental properties — See Ch. 170.
Vacant and foreclosing properties — See Ch. 224.
Nuisances — See Ch. 353.
Editor's Note: This order superseded former Ch. 54, Building and Premises Maintenance, adopted 7-11-2013 by Order No. 2013-032.
The purpose and intent of this chapter is to eliminate nuisances in the Town. Nuisances such as trash, debris and stagnant pools of water cause and contribute to blight within neighborhoods and commercial areas and impair the health, safety and general welfare of the inhabitants of the Town.
Every owner shall maintain premises in compliance with this chapter and with applicable provisions of the sanitary and building codes (hereinafter "code") and regulations. Every occupant shall comply with the provisions of § 54-5B.
Indoor items, such as furniture, appliances, plumbing fixtures and bedding, shall be kept within enclosed structures after seven calendar days; all other personal property shall be kept within enclosed structures or screened from public view after 15 calendar days. In no case shall property covered by this subsection be stored outdoors for a cumulative total of more than 45 calendar days in any calendar year.
Functional outdoor items, such as fixtures, landscape elements, outdoor furniture, outdoor appliances, children's play structures, firewood, compost materials, construction materials, while construction is ongoing, proceeding in good faith and in a timely manner and commenced under a valid building permit if required, boats and inventory (where such outdoor storage of inventory is in compliance with zoning), shall not be subject to the requirements of this section.
Water shall not be permitted to continuously stagnate outside of any building or structure for more than 10 days except under natural conditions. Nothing in this chapter shall operate as a waiver or exception to any other law, rule or regulation for the storage or handling of water.
The owner of any building, structure or premises shall be responsible for receptacles with tight-fitting lids to be used for the proper storage of rubbish, garbage and/or other refuse. The owner shall be responsible for disposal of rubbish, garbage and/or other refuse at a permitted transfer station or facility unless contracted for by the tenant.
The owner of any dwelling that contains three or more units, and the owner of any dwelling which contains one or two units that are rented or leased for a period of six months or less, shall be responsible for the final collection and disposal of rubbish, garbage and other refuse at a permitted transfer station or facility.
The occupants of any building, structure or premises shall be responsible for the proper storage of rubbish, garbage and other refuse within receptacles with tight-fitting covers. Said occupants shall also ensure that all tight-fitting covers are kept so that all rubbish, garbage and other refuse that is stored outside a building or structure is properly covered. Said occupants shall be responsible for the proper use and cleaning of the receptacles and keeping the premises free of rubbish, garbage and other refuse.
Unless a written lease agreement specifies otherwise, the occupant(s) of any dwelling that contains one or two units and that is rented or leased for any period greater than six months shall be responsible for the collection and ultimate disposal of rubbish, garbage and other refuse at a permitted transfer station or facility.
Screening requirements for receptacles. All outdoor rubbish and garbage storage areas shall be located in an area which is screened from public view. Said screening may be in the form of fencing, evergreen trees or other plants capable of providing year-round screening, located around the refuse storage area in such a manner to block the view of the rubbish and garbage storage area from the neighbors and from other persons passing by, provided that receptacles may be placed in the open near a street within 24 hours of scheduled collection and disposal by a contractor as provided in this chapter and returned to a screened location within 24 hours thereafter. Receptacles shall be located in such a manner that no objectionable odors enter any other building, structure or premises and so as to provide maximum screening from the street.
As used in this chapter, the following terms shall have the meanings indicated:
- Any person who alone or severally with others rents or leases premises, or resides overnight other than as a guest.
- Any person who alone or severally with others has legal title to buildings, structures or vacant land, or to land with buildings or structures thereon, or to any dwelling or rooming unit, mortgagee in possession, or agent, trustee or person appointed by a court.
The Director of the Health Department or her or his designee is hereby designated as the enforcing authority for this chapter.
The enforcing authority shall notify the owner and occupant, in writing, of any alleged violation or violations of this chapter and order the owner or occupant to remove or abate the nuisance by a date certain not more than 10 days after service of notice of the violation(s); provided, however, that if the violation is determined to be such that the public health and safety will be jeopardized by that delay, the enforcing authority may order the abatement or removal of the nuisance in a shorter time as public health and safety may in her or his judgment require. The order shall be in writing and may be served personally on the owner, occupant or his authorized agent. If the violation is not removed or abated after notice, the enforcing authority may commence enforcement action through noncriminal, criminal or civil proceedings, and no action shall preclude any other enforcement action or actions. Each day of continued violation may be deemed a separate offense.
In addition to any penalties or enforcement actions hereunder, after final determination of three or more violations within a twelve-month period an enforcing authority may notify a violator, in writing, that the enforcing authority may elect to bill the violator for the costs incurred by the Town for response to each subsequent violation not abated or ordered without abatement as provided herein. Such bill(s) shall be due and payable in full by the violator within 30 days of submission and, if unpaid thereafter, shall be subject to a municipal charges lien as provided in MGL c. 40, § 58.
The provisions of this chapter are in addition to and not in lieu of any other chapter, rule or regulation of the Town of Barnstable and any board, commission or officer. Compliance with this chapter shall not thereby constitute compliance with any other chapter, rule or regulation, and violation of this chapter does not thereby preclude violation of any other chapter, rule or regulation.
If any provision of this chapter is declared invalid, it shall not thereby invalidate any other provision.