[Adopted 5-7-2007 by Order No. 2007-013 (Ch. 8.40 of the
1993 Code)]
The purpose of this article is to promote the public health,
safety and welfare by requiring a minimum level of maintenance of
private property to protect the livability, appearance and social
and economic stability of the City and to protect the public from
the health and safety hazards and the impairments of property values
that result from the neglect and deterioration of property.
The presence of any one or more of the following conditions
on property constitutes property blight:
A. Any condition that is detrimental to the public health, safety or
general welfare.
B. Any condition that constitutes a public nuisance as defined herein.
C. Any condition of deterioration or disrepair that creates a substantial
adverse impact on neighboring properties.
Whenever the City determines that property in the City is maintained
as a public nuisance as provided for in this article and that abatement
of such public nuisance is to be required, it shall provide written
notice to abate to the owner and occupants of the premises in the
manner and in the form provided in this article.
A. The notice shall state the proper street address of the subject property
and should be served personally on the owner or by first-class mail,
postage prepaid. Additionally, one copy of the notice shall be conspicuously
posted on the property.
B. The notice shall advise the owner of a reasonable time limit in which
the owner shall take corrective action to remedy the public nuisance.
In no event shall the owner be given less than seven calendar days
or more than 60 calendar days to take corrective action, except where
there is an immediate threat to public health or safety when shorter
notice may be prescribed. The owner must commence the corrective action
requested in the notice within 30 days of the date of the notice.
The City may waive the time limits of this subsection only if a natural
disaster, such as a fire, flood or earthquake, interferes with the
owner's ability to complete the corrective action within the specified
time or the work to be performed is inherently of a nature which cannot
reasonably be completed within the time limits prescribed.
[Amended 6-1-2020 by Order
No. 2020-012]
C. The notice shall specify the section of law violated and state all
the facts constituting the public nuisance.
D. The notice shall specify the corrective action required, including
temporary corrective action when appropriate, and inform the owner
of City programs, if any, available to assist low-income property
owners with repairs to their property. The corrective action shall
be such that it eliminates the significant adverse visual impact of
the property on the neighborhood and eliminates the contribution of
that property to the dilapidated or deteriorated appearance of the
neighborhood as determined by the Director of Inspectional Services.
E. The notice shall advise the property owner that failure to correct
the violation may result in the City's correcting the violation and
collecting the charges by billing or by lien on the property.
F. The notice shall advise the owner that he/she must either correct
the violation or request an appeal in order to avoid City abatement
and liability for cost of abatement.
As to a small property, herein defined as owner-occupied one-
to four-family residential properties, if the owner of such property
is low income or a person with a medical hardship, defined as no more
than 120% of the HUD median income guidelines, the City may extend
or waive the time limits specified in this article if the owner does
all of the following:
A. Demonstrates to the Director of Inspectional Services that complying
with the City's order to abate would create an undue financial hardship
or be precluded by a medical hardship.
B. The owner makes a good faith effort, as determined by the Director
of Inspectional Services, to comply with that portion of the order
to abate that may be completed without a significant expenditure of
funds.
C. The owner makes a good faith effort, as determined by the Director
of Inspectional Services, to obtain financial assistance.
If the responsible party fails to remedy the nuisance caused
by a burnt or dangerous building, upon notice from the Director of
Inspectional Services or his assigns to do so, said Director of Inspectional
Services or his assigns may cause the nuisance to be removed as provided
in MGL c. 139 at the owner's expense. Any such debt shall constitute
a lien on the land upon which the nuisance was located as provided
in MGL c. 139, § 3A.
The Director of Inspectional Services shall make each month,
upon request by the City Council, a report that shall include all
complaints of nuisance made during the prior month, all proceedings
begun under this article, all pending complaints and all investigations
and enforcement actions taken by the enforcing authority. 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.
Nothing in this article shall be construed to limit any right
or remedy otherwise available in law or equity to any party harmed
by a blighted property, nor shall this article in any way limit the
City's right to enforcement under any other provision of this Code
or create a duty or obligation on the part of the City to enforce
this article.
The provisions of this article shall be effective immediately
upon passage and all provisions shall be enforced immediately, but
no monetary fine shall be imposed pursuant hereto until 30 days after
passage.
[Adopted 11-10-2008 by Order No. 2008-131 (Ch. 8.44 of the
1993 Code)]
When used in this article, unless a contrary intention clearly
appears, the following terms shall have the following meanings:
DAYS
Consecutive calendar days.
DIRECTOR
Director of the Inspectional Services Department.
FORECLOSING
The process by which a property, placed as security for a
real estate loan, is prepared for sale to satisfy the debt if the
borrower defaults.
INITIATION OF THE FORECLOSURE PROCESS
Taking any of the following actions:
A.
Taking possession of a residential property pursuant to MGL
c. 244, § 1;
B.
Delivering the notice of intention to foreclose pursuant to
MGL c. 244, § 17B; or
C.
Commencing a foreclosure action on a property in any court of
competent jurisdiction in this commonwealth.
LOCAL
Within 20 driving miles distance of the property in question.
MORTGAGEE
The holder of the mortgage interest in real property located
in Quincy or any successor in interest and/or assignee of the mortgagee's
rights, interests or obligations under the mortgage agreement.
OWNER
Every person, entity, service company, property manager or
real estate broker who, alone or severally with others:
A.
Has legal or equitable title to any dwelling, dwelling unit,
mobile dwelling unit, or parcel of land, vacant or otherwise, including
a mobile home park;
B.
Has care, charge or control of any dwelling, dwelling unit,
mobile dwelling unit or parcel of land, vacant or otherwise, including
a mobile home park, in any capacity, including but not limited to
agent, executor, executrix, administrator, administratix, trustee
or guardian of the estate of the holder of legal title;
C.
Is a mortgagee in possession of any such property;
D.
Is an agent, trustee or other person appointed by the courts
and vested with possession or control of any such property;
E.
Is an officer or trustee of the association of unit owners of
a condominium. Each such person is bound to comply with the provisions
of these minimum standards as if he were the owner. However, this
article shall not apply to a condominium association created pursuant
to MGL c. 183A to the extent that such association forecloses on or
initiates the foreclosure process for unpaid assessments due or owing
to the association. "Owner" also means every person who operates a
rooming house; or
[Amended 6-1-2020 by Order
No. 2020-012]
F.
Is a trustee who holds, owns or controls mortgage loans for
mortgage-backed securities transactions and has initiated the foreclosure
process.
PROPERTY
Any real property, or portion thereof, located in the City
of Quincy, including building or structures situated on the property,
used primarily for residential purposes. For purposes of this article
only, "property" does not include property owned or subject to the
control of the City but shall include property owned or controlled
by the Quincy Housing Authority.
RESIDENTIAL PROPERTY
Any property that contains one or more dwelling units used,
intended, or designed to be occupied for living purposes.
SECURING
Measures that assist in making the property inaccessible
to unauthorized persons.
The Inspectional Services Department shall have the authority
to inspect properties subject to this article for compliance and to
issue citations for any violations. The Inspectional Services Department
shall have the discretion to determine when and how such inspections
are to be made, provided that its policies are reasonably calculated
to ensure that only that the provisions of this article are enforced.
Any person aggrieved by the requirements of this article or
by a decision issued under this article by the Inspectional Services
Department may seek relief in any court of competent jurisdiction
as provided by the laws of the commonwealth.
If any provision of this article imposes greater restrictions
or obligations than those imposed by any other general law, special
law, regulation, rule, ordinance, bylaw, order, or policy, then the
provisions of this article control.
The Director of the Inspectional Services Department has the
authority to promulgate rules and regulations necessary to implement
and enforce this article.
The provisions of this article are effective immediately upon
passage and all provisions shall be enforced immediately, with the
sole exception that no monetary fine(s) shall be imposed pursuant
hereto until 90 days after passage.
A copy of this article is to be posted on the City of Quincy
website.