Town of Weymouth, MA Private Property Maintenance

[Added 3-21-2015 by Ord. No. 15-006]

§ 7-601 Vacant or foreclosing private property.

Purpose. The purpose of this section is to prevent vacant and foreclosing properties from posing nuisances and dangerous situations in the Town and from jeopardizing the safety and welfare of the public, abutters and public safety officials.

(b)

Definitions. The following words used in this section, unless the context otherwise requires, shall have the following meanings:

BUILDING

Any combination of materials having a roof and enclosed within exterior walls or firewalls, built to form a structure for the shelter of persons or items.

CERTIFICATE OF COMPLIANCE

A certificate issued by the Inspector of Buildings to the owner of a vacant or foreclosing property upon compliance with the provisions in this section.

DESIGNATED REPRESENTATIVE

A person appointed by the legal property owner to act on his/her behalf with the Town

FORECLOSING

The process by which a property, placed as security for a real estate loan, is taken into possession by the lender to satisfy the debt if the borrower defaults.

HAZARDOUS MATERIAL

Any substance that may be defined as a "hazardous material" under the Town Ordinances, such as § 7-401(c), or the General Laws and regulations issued therefrom, specifically including, but not strictly limited to, the Massachusetts Oil and Hazardous Substance List.

INITIATING THE FORECLOSING PROCESS

Taking any of the following actions:

Taking possession of a residential property per MGL c. 244, § 1.

Commencing a foreclosing action on a property in any court.

In any instance where the mortgage authorizes the mortgagee entry to the property to make necessary repairs upon the mortgagor's failure to do so.

OWNER

Any person or entity who alone or severally with others may be defined as an "owner" under the Town Ordinances, such as § 1-102, or the General Laws and regulations issued therefrom, specifically including, but not strictly limited to, the State Sanitary Code, 105 CMR 410.00 et seq., the State Building Code, or the State Fire Code, 527 CMR 1.00 et seq.

PROPERTY

Any private property, or portion thereof, located in the Town, including buildings and structures located on the parcel.

STRUCTURE

That which has been built or constructed and which is or should be fastened, anchored, attached or rests on a building, foundation or on the ground, including all buildings, fences, fire escapes, railings, towers, sidewalks, signs and stairways.

(c)

Registration.

The owner of a vacant or foreclosing property, unless exempt from such actions per the General Laws, within 35 days of said property becoming vacant or within 15 days of initiating the foreclosure process and receipt of notice from the Town of Weymouth shall:

Provide written notification to the Inspector of Buildings, Director of Public Health and the Fire Chief of the status of said property. The notice shall include the name, address, telephone number and e-mail address of the owner or designated representative of said property; the location of the property; the date on which the property became vacant; the approximate time the building is expected to remain vacant (if applicable); the specific nature of any contents still located in or on the property;

For all commercial properties and for all residential properties with three or more residential units, the owner shall provide to the Fire Chief one set of site plans for every building and structure located on said property, if required by the Fire Chief. The owner or designated representative shall certify site plans are up-to-date and accurate annually, from the date of submitting the initial written notification;

Provide the name, address, telephone number, and e-mail address of an emergency contact to the Inspector of Buildings, Director of Public Health and the Fire Chief. The Fire Chief may require such information be placed on the front of the property;

Remove any hazardous material, garbage, debris, or any other material from said property as per the request of the Inspector of Buildings, Director of Public Health, or the Fire Chief in accordance with any relevant ordinance or General Law;

Properly secure all doors, egresses, hatchways, and windows to prevent unauthorized access. The Inspector of Buildings shall, at his discretion, inspect all entries to ensure vacant or foreclosing properties are properly secure;

Post "No Trespassing" signs on any vacant property, if requested by the Inspector of Buildings, Director of Public Health or the Fire Chief;

Ensure the vacant or foreclosing property is free from all garbage, debris, and stagnant water, and free from unreasonable overgrowth of vegetation around the exterior. All structures attached and unattached of any vacant or foreclosed property must be maintained and will be subject to inspection by the Inspector of Buildings per MGL c. 143, §§ 6 through 14;

Maintain the property in accordance to any Town ordinance regarding maintenance of property as well as any Town zoning ordinance; and

Notify the Inspector of Buildings, Director of Public Health and the Fire Chief when the said property is sold, transferred or is no longer vacant.

The Inspector of Buildings shall issue a certificate of compliance upon adequate completion of above provisions. The certificate of compliance will be subject to continued compliance with the above provisions and shall be valid for one year and may be extended for periods of up to six months at a time, as determined by the Inspector of Buildings.

(d)

Enforcement.

Any owner of a vacant or foreclosing property who fails to comply with the provisions of this section may be subject to fines in accordance with MGL c. 40, § 21D. Each day or portion thereof shall constitute a separate offense. If more than one violation is found, each condition shall constitute a separate offense.

Upon being informed of vacant or foreclosing properties without a certificate of compliance, the Inspector of Buildings shall order the owner to immediately acquire one. Should the owner fail to comply with the order, the Inspector of Buildings, Director of Public Health or the Fire Chief may enter said vacant or foreclosing property to inspect. Except when the vacant or foreclosed property presents an immediate threat to public health, welfare or safety, the Inspector of Buildings, Director of Public Health or the Fire Chief may seek a court order to permit access to said properties. Court orders to secure, clean and verify vacant or foreclosing properties to comply with any relevant ordinance or General Law may be sought by the Inspector of Buildings, Director of Public Health or the Fire Chief.

The owner of a vacant or foreclosing property who fails to acquire a certificate of compliance in accordance to this section shall be liable to the Town for all expense incurred by the Town in securing such property and removing all garbage, debris, exterior overgrowth, or any other material order removed. If the owner fails to pay or reimburse the Town within 14 days of notice, the Town Clerk shall record the claim notice in the Norfolk County Registry of Deeds and shall have the right to file a civil action to establish a lien on the property for the balance due.

Any person or entity affected by the action or inaction of an owner of private property, any civic organization, neighborhood group, or other affected agency may file, in writing, a complaint of violation of any of these conditions with the Inspector of Buildings.

Upon receipt of a complaint of an alleged violation of this section, the Inspector of Buildings may conduct an investigation of such complaint. The Police Chief, Fire Chief and Director of Health may be solicited for input should the complaint be relevant to said department. The Inspector of Buildings, Director of Public Health, the Police Chief, or the Fire Chief may confer among themselves to determine which official shall determine whether a violation occurred. Any decision by a majority of these officials shall be final as the appropriate authority to enforce any alleged violations of this section.

This enforcement authority under this section shall be in addition to and not in place of any other existing authority under any relevant ordinance or General Law. If any conflict exists under this section and any other authority, then the legal authority that provides the Town the greatest authority and the maximum flexibility in enforcement shall govern.

(e)

Penalties.

Each violation of any provision of this section shall be deemed a separate offense.

Each day any violation of any provision in this section shall be deemed a separate offense.

Each separate offense of this section shall be punishable by a fine of $50 per MGL c. 40, § 21D.

The total cumulative fines for multiple offenses in any case shall not exceed $300 per day per MGL c. 40, § 21D.

The owner of any property that has received proper notification of a violation of this section and who has failed or neglected to correct such violation by the date specified in such notice shall be fined cumulatively for each separate offense and will be liable for payment to the Town within 30 days of receipt of the request for payment sent by certified mail.

The imposition of any fine from this section shall not be construed to prevent enforcement of any other ordinances, laws or regulations of the same property nor prevent other enforcement measures or fines.

Failure to pay any debt from enforcement of this section shall constitute a debt in favor to the Town. The Town may initiate a civil action to establish a lien on the property for the balance due.

Upon the refusal to correct any violation of this section per notifications sent via certified mail, the Town Solicitor may bring civil or legal action against the property owner.

For purposes of MGL c. 40, § 21D, the Inspector of Buildings, the Director of Public Health, the Fire Chief, the Police Chief, or any of their designees are authorized to enforce this section.

10.

Penalties under this section shall be in addition to and not in place of any other existing authority under any relevant ordinance or General Law. If any conflict exists under this section and any other authority, then the legal authority that provides the Town the greatest authority and the maximum flexibility in enforcement shall govern.

(f)

Hearing.

The person or persons to whom any order or notice is issued pursuant to this section may request a hearing before the municipal hearing officer. Such request shall be in writing and shall be filed in the office of the Town Clerk within seven days after receipt.

In the event of a demonstrated personal or economic hardship which renders the owner of the property incapable of complying with an order under this section, the owner of the property may request a hearing before the municipal hearing officer for a waiver from the terms of the section. The officer shall have the authority to consider mitigating circumstances in determining the extent of compliance and time frame required for compliance with this section in the event of a demonstrated hardship.

§ 7-602 Anti-blight program.

(a)

Purpose. The purpose of this section is to address the blighted conditions that exist within the Town of Weymouth. Blighted conditions contribute to the decline of neighborhoods, adversely affect the economic well-being of the Town, and may pose adverse conditions to the health, safety and welfare of the citizens and abutters to the Town. Many blighted conditions can be rehabilitated, reconstructed, demolished or reused to provide a safe, decent and sanitary quality of life for the public, occupants, abutters and neighborhoods.

(b)

Definitions. The following words used in this section, unless the context otherwise requires, shall have the following meanings:

BLIGHTED CONDITIONS

Shall be considered as any one or more of the following:

Multiple missing, broken or boarded up windows or doors;

Inadequate maintenance as evidenced by structurally compromised foundation, collapsing or missing exterior walls, roof, gutters or damaged or missing siding;

The unreasonable accumulation of unused or stored building materials, storage of abandoned or unregistered vehicles or trailers, discarded or stored appliances and household furnishings, overgrown brush, trees or shrubbery that may harbor vermin or pests or present a risk to the public health or safety, or overgrown grass of at least one foot situated on the premises;

Extensive fire or water damage;

Infestation by rodents or other pests;

Excessive garbage or trash on the property;

Lots, such as commercial parking lots or open storage areas, left in a state of abandonment;

Vacant buildings or structures left unsecured or unguarded against unauthorized entry;

At least one partially dismantled, wrecked, junked, nonoperative or discarded vehicle, as defined by § 13-101, on premises for longer than 30 days; or

10.

Any condition causing a public nuisance, harboring vermin or pests, presenting a threat to public health or safety, or which is a fire hazard as determined by the Fire Chief or his designee, or is attracting illegal activity as determined by the Police Department.

PROPERTY

Any private property or portion thereof, located in the Town, including any buildings, structures or other personal property on the parcel.

(c)

Enforcement.

The Inspector of Buildings or said agency shall serve notice of violation upon completion of the investigation with due findings. The owner of the property shall be notified via certified mail. The notice shall require the owner to bring the property into compliance with the requirements of the notice within 30 days of receipt. An extension or extensions may be granted at the discretion of the Inspector of Buildings, in the event of demonstrated hardship. Violation notices shall be drafted so as to be applicable to the property owner, and the owner's agents, heirs, successors or assigns.

Should the property owner fail to comply, or neglect or refuse to take the corrective action specified in the notice, the Town may undertake such corrective action when, in its judgment, a failure to do so endangers the health, safety and welfare of the public. Except when the violation presents an immediate threat to public health, welfare or safety, the Inspector of Buildings or Director of Public Health shall seek a court order to appoint a receiver to correct the violation(s). Any work performed on the property shall be done in accordance with the procedures set forth in the State Sanitary Code.

Notification of the intention to make such corrective action shall be sent to the owner via any method allowed by any relevant ordinance or General Law.

Should the Town undertake any corrective actions, the cost of such repairs shall constitute a debt in favor of the Town against the owner of the blighted condition. Should the property owner fail, neglect or refuse to pay the debt within 30 days of the debt receipt, the Town may initiate a civil action to establish a lien on the property for the balance due.

(d)

Penalties.

Each violation of any provision of this section shall be deemed a separate offense.

Each day any violation of any provision in this section shall be deemed a separate offense.

Each separate offense of this section shall be punishable by a fine of $50 per MGL c. 40, § 21D.

The total cumulative fine for multiple offenses in any case shall not exceed $300 per day per MGL c. 40, § 21D.

Failure to pay any debt from enforcement of this section shall constitute a debt in favor to the Town. The Town may initiate a civil action to establish payment of the debt or a lien on the property for the balance due.

Upon the refusal to correct any violation of this section per notifications sent via certified mail, the Town Solicitor may bring civil or legal action against the property owner.

For purposes of MGL c. 40, § 21D, the Inspector of Buildings, the Director of Public Health, the Fire Chief, the Police Chief, or any of their designees are authorized to enforce this section.

10.

(e)

Hearing.

In the event of a demonstrated personal or economic hardship which renders the owner of the property incapable of complying with an order under this section, the owner of the property may request a hearing before the municipal hearing officer for a waiver from the terms of the section. The Board shall have the authority to consider mitigating circumstances in determining the extent of compliance and time frame required for compliance with this section in the event of a demonstrated hardship.