[HISTORY: Adopted by the City Council of the City of Quincy
as indicated in article histories. Amendments noted where applicable.]
[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.
No person, whether as owner, agent, manager, operator, lessee, tenant,
sublessee, or occupant in possession of a property, shall maintain
a blighted property or cause or permit property to be maintained as
a blighted property. No person, whether as owner, agent, manager,
operator, lessee, sublessee, tenant or occupant of a property, shall
take any action or allow any action to be taken at that property in
violation of any provision of this article or any order issued pursuant
to the provisions of this article.
B.
Unlawful nuisance; inadequately maintained property. It shall be
an unlawful public nuisance for any person owning, leasing, renting,
occupying or having charge or possession of any commercial and/or
residential property to maintain or allow to be maintained such property
in such manner that the following conditions are found to exist thereon
where such conditions are visible from a public right-of-way and/or
neighboring property and such conditions have both a significant adverse
visual impact on the neighborhood and substantially contribute to
the dilapidated or deteriorated appearance of the neighborhood:
(1)
Property which is not kept substantially clean and free from accumulations,
including but not limited to rank growth, rubbish, junk, garbage,
litter, debris, flyers or circulars, overgrown, dead or decayed trees,
weeds or other vegetation that constitutes a fire hazard or other
condition that is dangerous to the public health, safety, or welfare;
or creates the potential for the harboring of rats, vermin, vector,
or other similar public nuisances; or substantially detracts from
the aesthetic and property values of neighboring properties; or is
overgrown onto a public right-of-way at least 12 inches; or is completely
dead, over 12 inches in height, and covers more than 50% of the front
or side yard visible from any street.
(2)
Buildings or structures or significant sections thereof, including
but not limited to exterior stairs, roof, foundation, walls, fences,
signs, retaining walls, driveways, or walkways, which are substantially
broken, deteriorated, or defaced; or windows or doors which are missing,
broken or inadequately secured that create a hazardous condition or
a potential attraction to trespassers; or exterior walls or roof coverings
that have become substantially deteriorated, do not provide adequate
weather protection, or show evidence of the presence of termite infestation
or dry rot. (For the purposes of this section "defaced" includes,
but is not limited to, writings, inscriptions, figures, scratches,
or other markings commonly referred to as "graffiti.")
(3)
Property used or intended to be used for residential purposes which
contains, in the outdoor area, any refrigerator, washing machine,
sink, toilet, bidet, stove, heater, boiler, tank or any other household
equipment, machinery, furniture, or item, appliance or appliances,
boxes, lumber, dirt or debris, trash, garbage or refuse cans, or any
items other than those commonly stored outdoors, or any parts of such
items, for a period of time in excess of 72 consecutive hours. This
subsection does not prohibit machinery installed in the rear setback
areas for household or recreational use, furniture designed and used
for outdoor activities, trash cans in the front yard during the twenty-four-hour
period allowed for garbage pickup and garbage bins when employed in
construction for which a valid building permit has been issued by
the City.
(4)
Where property is vacant and otherwise required to be boarded up,
the boarding shall be done in a manner approved by the Director of
Inspectional Services and which does not itself have a significant
adverse visual impact on the neighborhood nor substantially contribute
to the dilapidated or deteriorated appearance of the neighborhood.
To the extent feasible, the boarding up shall cause the property to
have the appearance of an occupied residence or utilized commercial
entity as determined by the Director of Inspectional Services. Any
boarded up property shall be subject to an initial periodic review
by the Director of Inspectional Services with the property owner as
to the circumstances which underlie the presenting condition, which
review shall include the establishment of a written plan and defined
timetable for the rehabilitation or reuse of said property to a useful
intended permissible purpose. Failure of the property owner to participate
in said annual review with a demonstrated effort to mitigate the property
conditions shall constitute a violation of this article. Information
regarding the process, substance and results of this review shall
be made available to abutters and the City Council upon request.
(5)
Any property that is unsecured and constitutes an attraction to children
or a harbor for vagrants, criminals or other unauthorized persons,
or is in a condition such that persons can resort thereto for the
purpose of committing a public nuisance or unlawful act, constitutes
property blight. A building or structure is unsecured when either
of the following conditions exists:
(6)
A partially constructed, reconstructed or demolished building or
structure upon which work has been abandoned constitutes property
blight. Work is deemed abandoned when there is no valid current building
or demolition permit for the work or when there has not been any substantial
work on the building or structure for a period of six months or more.
(7)
The storage upon any property of building materials unless there
is in force a valid building permit issued by the City for construction
upon said property and said materials are intended for use in connection
with such construction. In no event, however, shall the storage of
building materials occur on the property in excess of 12 months without
written consent from the Director of Inspectional Services. Building
materials shall include but shall not be limited to lumber, bricks,
concrete or cinder blocks, plumbing materials, electrical wiring or
equipment, heating ducts or equipment, shingles, mortar, concrete,
nails, screws, steel, or any other materials commonly used in constructing
any structure.
(8)
Any property upon which there exists a hazardous condition constitutes
property blight. A property is considered to have a hazardous condition
prohibited by this article if any one or more of the following conditions
exists on the property:
(a)
Land having a topography, geology, or configuration that, as
a result of grading operations or improvements to the land, causes
erosion, subsidence, unstable soil conditions, or surface or subsurface
drainage problems that pose a threat of injury or are injurious to
any neighboring property.
(b)
Any condition or object, including without limitation landscaping,
motor vehicles, fencing or signs, that obscures the visibility of
traffic, pedestrians, or street intersections in a manner that constitutes
a hazard.
(c)
Items are present that are inadequately secured or protected
and, due to their accessibility to the public, may prove hazardous,
including, without limitation:
[1]
Unused or broken equipment or machinery, motorized vehicles,
watercraft, or other personal property that is broken, rusted, partially
or wholly dismantled or otherwise due to deterioration is unsuited
for the purpose for which designed;
[2]
Abandoned wells, shafts, or basements;
[3]
Unprotected pools, ponds, or excavations;
[4]
Structurally unsound fences or structures;
[5]
Lumber or accumulations of lumber or other construction materials;
or
[6]
Chemicals, motor oil, or other hazardous materials.
(d)
Any swimming pool, pond or other body of water that is abandoned,
unattended, unfiltered, or not otherwise maintained, so that the water
has become or is becoming polluted water.
A.
The Director of Inspectional Services, Health Commissioner, Fire
or Police Chief or their designees shall be authorized to administer
and enforce the provisions of this article and shall be deemed the
enforcing authority. If the enforcing authority shall be informed
or have reason to believe that any provision of this article has been,
is being, or is likely to be violated, he shall make or cause to be
made an investigation of the facts, including an investigation of
the property where the violation may exist. If he finds any violation
he shall give immediate notice in writing to the owner and to the
occupant of the premises of the violation and inform the owner and
the occupants pursuant to the notification provisions provided herein.
In making such inspection, the enforcing authority shall have such
right of access to the premises that may be lawfully exercised by
him under the laws and constitution of the commonwealth or of the
United States. All enforcement officers are authorized to inspect
property and to take any other enforcement actions as may be required
or appropriate to administer or enforce the provisions of this article.
B.
Any person who violates any provision of this article shall be subject
to enforcement procedures for each violation through any lawful means
available to the City, including without limitation the issuance of
a civil fine as provided herein.
C.
If, after such notice and order, such violation continues, 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 this
article, the enforcing authority may make complaint to the Superior
Court or any court of competent jurisdiction on 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 article.
D.
In addition to the foregoing remedy, whoever violates any provision of this article or fails to obey any lawful order issued by the enforcing authority in enforcing this article shall be liable to a noncriminal fine of $200 for each violation. Each violation of this article shall constitute a separate offense. Each day that any such violation continues shall constitute a separate violation. The enforcing authority may also issue a cease and desist order for any hazardous situation. The enforcing authority shall reference the enforcement procedures referenced in Chapter 1, Article I, of this Code.
[Amended 6-1-2020 by Order
No. 2020-012]
E.
In any matter in which a complaint has been made by a person other
than the enforcing authority, the enforcing authority within his or
her discretion shall notify the complainant of all conferences or
proceedings concerning resolution of the property blight or of any
enforcement action and the complainant shall be allowed to be present
and to be heard.
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)]
A.
Purpose. It is the intent of this article to protect and preserve
public safety, security, and quiet enjoyment by occupants and abutters
of the homes and neighborhoods in Quincy by:
(1)
Requiring
all residential property owners, including lenders, trustees, and
service companies, to properly maintain properties.
(2)
Regulating
the maintenance of any residential properties to prevent blighted
and unsecure residences, even if such residences are currently unoccupied
due to a foreclosure.
B.
Authority. The Director of the Inspectional Services Department has
enforcement authority pursuant to, inter alia, MGL c. 143, § 3,
the State Building Code, and the Zoning Code of the City of Quincy.
[Amended 6-1-2020 by Order
No. 2020-012]
When used in this article, unless a contrary intention clearly
appears, the following terms shall have the following meanings:
City of Quincy.
Consecutive calendar days.
Director of the Inspectional Services Department.
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.
Taking any of the following actions:
Within 20 driving miles distance of the property in question.
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.
Every person, entity, service company, property manager or
real estate broker who, alone or severally with others:
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;
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;
Is a mortgagee in possession of any such property;
Is an agent, trustee or other person appointed by the courts
and vested with possession or control of any such property;
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]
Is a trustee who holds, owns or controls mortgage loans for
mortgage-backed securities transactions and has initiated the foreclosure
process.
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.
Any property that contains one or more dwelling units used,
intended, or designed to be occupied for living purposes.
Measures that assist in making the property inaccessible
to unauthorized persons.
A.
All mortgagees in possession must register foreclosed and/or foreclosing
residential properties with the Director of the Inspectional Services
Department on forms provided by the Director within 30 days of the
date of initiation of the foreclosure process, as defined above. All
registrations must state the mortgagee's or its agent's phone number
and mailing address located within the commonwealth as required by
MGL c. 59, § 57D, MGL c. 156D, § 5.02, and 950
CMR 113.20. The mailing address may not be a P.O. box.
[Amended 6-1-2020 by Order
No. 2020-012]
B.
This registration must also certify that the property was inspected
and identify whether the property is vacant at the time of filing.
If the property is vacant, the registrant must identify a local individual
or local property management company responsible for the security
and maintenance of the property. This designation must state the individual
or company's name, phone number, and local mailing address, if a third
party is used for this service. The mailing address may not be a P.O.
box.
C.
All property registrations are valid for one calendar year. An annual
registration fee of $100 must accompany the registration form. Subsequent
annual registrations and fees are due within 30 days of the expiration
of the previous registration and must certify whether the foreclosing
and/or foreclosed property remains vacant. A list of all vacant properties
registered pursuant to the requirements of this article shall be provided
by the Director of Inspectional Services to the Chiefs of the Police
and Fire Departments.
D.
Once the property is no longer vacant or is sold, the owner must
provide proof of sale or written notice and proof of occupancy to
the Director of the Inspectional Services Department.
A.
Properties subject to this article must be maintained in accordance
with the relevant sanitary codes, building codes, and/or ordinances
of the City of Quincy. The owner, local individual or local property
management company must inspect and maintain the property on a monthly
basis for so long as the property is vacant.
B.
The property must be posted with the name and twenty-four-hour contact
phone number of the local individual or property management company
responsible for maintenance. This notice must be be placed on the
lower end of the front door, so as not to be visible from the street.
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.
A.
Failure to initially register with the Director shall be punishable
by a fine of $300.
B.
Failure to property identify the name of the local individual or
local property management company shall be punishable by a fine of
$300.
C.
Failure to maintain the property in accordance with the provisions
of this article shall be punishable by a fine up to $300 for each
week the property is not maintained.
D.
Fines incurred under any provision of this article that remain unpaid
beyond 30 days shall constitute a debt due the City as that term is
used in MGL c. 139, § 3A, and may be collected in the same
manner as prescribed within that statute.
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.
