[Amended 6-18-1996 by Ord. No. 1996-19; 9-10-2003 by Ord. No.
2003-29]
A. There is hereby established a Division of Minimum Housing Standards
within the Department of Health and Human Services for the purpose
of enforcing the provisions of this article and such other matters
as may be appropriately assigned to it.
B. The personnel of the Division of Minimum Housing Standards shall
consist of a Director of the Division of Minimum Housing Standards,
referred to in this article as the "Director," and such other inspectors,
clerks and other personnel as may be required for the proper organization
of the division and for the proper enforcement of this article.
C. The Director of Minimum Housing Standards shall be under the direction,
supervision and control of the Director of Health and Human Services.
[Amended 6-18-1996 by Ord. No. 1996-19]
A. The Division of Minimum Housing Standards shall be operated under
the immediate direction, supervision and control of a director appointed
by the Mayor. The Director may delegate any of his powers or duties
under the provisions of this article to any properly qualified employee
of the Inspectional Services Division of the Department of Community
Services.
B. The Director of the Division of Minimum Housing Standards shall implement
the statement of policy set forth in this article. He shall enforce
this article, and he shall provide for the establishment and preservation
of sound and stable residential neighborhoods of decent, safe and
sanitary homes and suitable living environment for adequate family
life by encouraging the rehabilitation of substandard houses and the
redevelopment of blighted and substandard areas. All personnel of
the division shall exercise such authority as shall be delegated to
them by the Director.
The Director of the Division of Minimum Housing Standards is
hereby empowered to make and to adopt such rules and regulations as
may be necessary for the proper enforcement of the provisions of this
article, to interpret and secure the intent thereof, but no such rules
and regulations shall be in conflict with the provisions of this article
or any provisions of the City Code or other ordinance of the City,
or shall have the effect of waiving any provisions of this article.
Such rules and regulations shall have the same force and effect as
the provisions of this article, and the penalty for violation thereof
shall be the same as the penalty for the violation of the provisions
of this article. Such rules and regulations shall be published in
the Fall River Herald News and shall be effective 10 days after publication.
Whenever the Director of the Division of Minimum Housing Standards
determines that the condition of a dwelling or dwelling premises or
any part thereof is in violation of any zoning, building, fire or
health or safety provision of the City Code or any other ordinance
or regulation of the City, or regulation adopted pursuant thereto,
which is not provided for by this article, or which is provided for
by a higher standard of such other ordinance, code or regulation,
he shall refer such violation to the appropriate authority.
The Director of the Division of Minimum Housing Standards is
hereby authorized and directed to make inspections to determine the
condition of dwellings, dwelling units, rooming units and dwelling
premises in order that he may perform his duty of safeguarding the
health, safety and welfare of the occupants of dwellings and of the
general public, and of enforcing this article. For the purpose of
making such inspections, the Director is hereby authorized to enter,
examine and survey at all reasonable times all dwellings, dwelling
units, rooming units and dwelling premises.
Whenever the Director of the Division of Minimum Housing Standards
determines that there are reasonable grounds to believe that there
is a violation of any provision of this article or of any rule or
regulation adopted pursuant thereto, he shall give notice of such
alleged violation to the person responsible therefor as provided in
this section. Such notice shall be in writing and shall specify the
alleged violation and a reasonable time to correct the violation,
and shall be served upon the owner, operator or occupant, as the case
may require. Such notice shall be deemed to be properly served if
a copy thereof is served upon such person personally, or if a copy
thereof is sent by registered or certified mail, return receipt requested,
to the last known address of the person in question, or if a copy
thereof is posted in a conspicuous place in or about the dwelling
affected by the notice, or if the person responsible for such violation
is served with such notice by any other method now or hereafter authorized
under the laws of this commonwealth. The notice of violation shall
inform the person to whom it is directed of his right to discuss the
violation with the Director.
Whenever the Director, at any stage of any proceedings instituted
under the provisions of this article, finds that there exists a violation
of this article which in his opinion requires immediate action to
abate a direct hazard or immediate peril to the health or safety of
the occupants of a building or of the public, he may, without prior
notice of violation or hearing, issue a notice of violation for immediate
compliance reciting the existence of such violation, and requiring
that such action be taken as he deems necessary to alleviate the violation,
which may include an order to vacate the premises. Notwithstanding
the other provisions of this article, the notice of violation for
immediate compliance shall be effective immediately upon its service
or in such time as the Director shall, under the circumstances, deem
reasonable, necessary and proper, and any person upon whom a notice
of violation for immediate compliance is served shall comply therewith
immediately or otherwise as such notice may specify.
If the violation is not corrected within the period of time
indicated on the notice of violation issued pursuant to this article,
the Director of the Division of Minimum Housing Standards shall be
authorized to enforce compliance with the notice of violation in the
courts of the commonwealth.