[HISTORY: Adopted by the Town of Randolph 4-18-1995 ATM by Art. 8, approved 10-27-1995. Amendments noted where applicable.]
[Amended 4-23-2001 ATM
by Art. 13, approved 12-21-2001]
Landscaping is defined as the finishing and adornment of unpaved
yard areas. Materials and treatment generally include, but are not
limited to, naturally growing elements such as grass, trees, shrubs,
and flowers, and which may include the use of logs, rocks, fountains,
water features and contouring of the earth.
[Amended 4-23-2001 ATM
by Art. 13, approved 12-21-2001]
A.
Landscaping is required in all front yards for all buildings and
additions over one thousand (1,000) square feet. Said landscaping
shall be completed within one (1) year from the date of occupancy
of the building. Front yards required by this code shall be completely
landscaped, except for those areas occupied by driveways, walls and
paved walkways. All live landscaping required by this code shall be
properly maintained. All dead or dying landscaping shall be replaced
and all grass areas mowed on a regular basis. Enforcing authority
shall be the Building Commissioner or Code Enforcement Officer.
B.
Landscaping is required in all street side side-yards for all buildings
and additions over one thousand (1,000) square feet. Said landscaping
shall be completed within one (1) year from the date of occupancy
of the building. All flanking street-side side yards shall be completely
landscaped, except for those areas occupied by utilities, driveways,
paved walks, and walls. All live landscaping required by this code
shall be properly maintained. All dead or dying landscaping shall
be replaced and all grass areas mowed on a regular basis. Enforcing
authority shall be the Building Commissioner or Code Enforcement Officer.
The term, "weeds and grass," as used herein, shall mean and
include all weeds, grasses, plants, bushes, poison oak, poison ivy,
and other vegetation, except trees, ornamental shrubbery, flowers,
garden vegetables, compost piles, or other plants or vegetables customarily
planted and/or cultivated by farmers or gardeners. A general growth
of "weeds and grass" in excess of twelve (12) inches is hereby declared
to be a menace to public health and safety.
A.
It shall be unlawful for any owner, occupant, lessee, or agent in
charge of land in the Town to permit "weeds and grass" to remain uncut
and exceed a general height of twelve (12) inches.
B.
Upon the failure, refusal, or neglect of an owner, occupant, lessee,
or agent to cut "weeds and grass" as required hereby, the Building
Commissioner or other authorized officer or agent of the Town charged
with the enforcement of the provisions of this article shall notify
such owner, occupant, lessee, or agent of such condition and shall
order such person to eliminate such "weeds and grass" within ten (10)
days. Such order shall be in writing and may be served personally
on, or sent by certified mail to, the owner of the property at the
address shown on the assessment records of the Town.
C.
If said order is not complied with within said ten (10) day period,
the Building Commissioner or other authorized officer or agent of
the Town charged with the enforcement of the provisions of this article
may cause the "weeds and grass" to be cut and removed, or may have
such failure prosecuted as a violation of this Ordinance, or both.
D.
Whenever it shall be necessary for the Town to have the "weeds and
grass" cut and removed, as above provided, the cost thereof shall
constitute a debt owed to the Town, and unless paid, the same shall
be added to the personal property tax bill or real estate tax bill
sent to the owner, and may thereafter be collected in the same manner
as taxes are collected.
E.
Any person aggrieved by an order issued pursuant to the provisions
of this Ordinance may file a written appeal to the Town Manager within
ten (10) days from the date of such order, whereupon the Town Manager
or his designee shall promptly thereafter, upon written notice, hold
a hearing granting to such person the right and opportunity to show
cause why he should not comply with the order.
[Amended 6-17-2002 STM
by Art. 2, approved 10-3-2002]
Land which contains an accumulation of rock, stone, gravel,
sand or other earth material above the surface of the ground in such
a manner as to be dangerous to the property or person of anyone shall
be deemed a nuisance and may be abated by the Town Manager in the
following manner:
A.
Any individual may initiate a petition to the Town Manager stating
the nature of the nuisance complained of and apply for abatement thereof,
whereupon the Town Manager, or their designee shall view the premises.
If the Town Manager is of the opinion that the petition should be
granted, it shall set a time and place for hearing, giving notice
thereof to the petitioners, to the person whose land it may be necessary
to enter upon to abate the nuisance and to any other person who may
be damaged or benefited by the proceedings. Such notice shall be given
in writing and may be served by any person authorized to serve civil
process or by registered or certified mail.
B.
However, if the land is unoccupied and the owner or agent unknown
or out of the commonwealth, the notice to such owner may be served
by posting upon premises or by advertising in one (1) or more newspapers
in such manner as may be ordered. At the time and place appointed
therefor, the Town Manager shall hear the parties and thereafter may
cause such nuisance to be abated by entering upon any land and making
such excavation as he shall deem necessary, and he shall also determine
at whose expense the improvements shall be kept in repair and award
the damage sustained by and benefits accruing to any person by reason
of said improvement. The Town Manager shall forthwith give notice
of its decision by filing with the Town Clerk and by mailing a copy,
postage prepaid, to the owner of the premises and the petitioners,
unless the petitioner is the Town itself. The expense of making and
keeping such improvements in repair shall be assessed by the Assessors
upon the person benefited thereby, as ascertained by said decision,
and shall be included in his/her taxes. This shall be a lien upon
the land benefited thereby and shall be collected in the same manner
as other taxes upon land.
C.
A person who is aggrieved by the decision of said Town Manager may
appeal therefrom to the Superior Court if, within seven (7) days after
the decision, he or she files the decision with the Superior Court,
stating the grievance and action of the Town Manager thereon.
[Amended 6-17-2002 STM
by Art. 2, approved 10-3-2002]
An owner of land which has been excavated or constitutes a dangerous
or hazardous condition shall erect barriers or take other suitable
measures within five (5) days after such owner has been notified in
writing by the Town that such excavation or dangerous or hazardous
condition constitutes a hazard to the public safety. Violation of
this section shall be punishable in accordance with the Fine Schedule.[1]
Fences must be located entirely upon the private property of
the person constructing or causing the construction of the fence,
unless the property owner adjoining agrees in a written, notarized
statement that a fence may be erected on the division line of both
properties. Fences must be at least twelve (12) inches from a public
sidewalk or street.
B.
Fence construction.
(1)
Front yards. Fences shall be constructed with boards, chain link
construction, or other suitable material firmly connected to posts
sunk in the soil at least two (2) feet or more as necessary to properly
support the fence. All fences abutting the front yard shall provide
a clear view into the yard from the street. No pickets or posts shall
be located closer than four (4) inches to each other.
(2)
Fences for rear and side yard. Fences shall be constructed with boards,
chain link construction, or other suitable material firmly connected
to posts sunk in the soil at least two (2) feet or more as necessary
to properly support the fence.
C.
All new fence installations shall be erected with the smooth side
facing outward; all posts shall be located on the inside of the fence.
Painted fences shall be of one (1) color, which is compatible with
the color of the home located on the parcel.
D.
No fence shall be constructed, maintained, or placed on any property
in the Town of Randolph of metal construction or otherwise, which
is charged or connected with an electrical current in such manner
as to transmit said current to persons, animals, or things which intentionally
or unintentionally might come in contact with it; with the exemption
for agricultural uses. Barbed wire is prohibited in the Town of Randolph
except as permitted by the Board of Zoning Appeals on approved protective
measures fences.
E.
A dilapidated fence is any fence in an improper state of repair that
causes a safety or heath concern. It includes any fencing that, by
its age or deteriorating condition, lists, leans, buckles or is broken
or has exposed pieces projecting, protruding or laying in a manner
which could fall or be hazardous to persons walking or driving along
public property including street or right-of-way or public easements;
fencing that by improper position on or near the ground is situated
in such a manner as to offer harborage to vermin; fencing that is
damaged by animals or by other means such that the fence condition
is unsafe and deleterious to the livability of the neighborhood; any
eight-foot section of a fence that is more than fifteen degrees (15°)
out of vertical alignment or that has ten percent (10%) of its pickets
or structural components either damaged, missing or rotted. Any fence
considered a dilapidated structure must be repaired or replaced.
F.
Repairs to a fence with broken, missing, warped, or otherwise damaged
materials or hardware must be repaired and aligned to the property
boundaries. Any repairs must match existing fence style in the same
material, at the same height, and the same location as the original
fence. A damaged fence must be repaired within thirty (30) days of
the date the damage occurred.
G.
It is unlawful to obstruct the view of motorists at intersections
with a fence, shrubbery or other vegetation, sign boards, structure
of any description, uncontrolled weeds, etc. Any plantings on corner
lots must permit an unobstructed view along intersecting streets for
motorists and pedestrians approaching the intersection.
No person shall park any vehicle on any grass area of the front
yard setback in any district unless that vehicle shall be parked on
an approved driveway or parking area approved by the Town.
[Added 8-9-2021 by Ord. No. 2021-036]
A.
Trash disposal. The owner or person in control of any premises within the Town of Randolph shall at all times maintain the sidewalks, alleys, streets, and places adjoining the premises free of trash, rubbish, debris, litter, filth, garbage and other refuse; provided, however, that this Subsection A shall not prohibit the storage of litter in the manner and at the times prescribed by the Town for purposes of collection.
B.
Trash outside
of places of business. No person in control of a place of business
abutting on a sidewalk shall knowingly suffer any trash, rubbish,
debris, litter, filth, garbage or other refuse to remain on such sidewalk
except in a receptacle or bundle placed on such sidewalk in accordance
with Town ordinances, rules or regulations. No dumpsters shall be
allowed to remain on a property in an overflowing condition.
C.
Trash within
place of business. No person in control of a place of business abutting
on a street shall knowingly suffer any trash, rubbish, debris, litter,
filth, garbage or other refuse to remain in the open on the estate
upon which such place of business is located except in a receptacle
or bundle from which such refuse is not likely to be blown onto such
street. No dumpster shall be allowed to remain on a property in an
overflowing condition.
D.
Violations; penalties; fines established. This § 147-9 may be enforced utilizing the noncriminal ticketing and disposition mechanism of MGL c. 40, § 21D, the provisions of MGL c. 40U or any other applicable enforcement mechanism, including applicable provisions providing for issuance of orders to correct and applicable provisions providing for recovery of fines by indictment or complaint. This § 147-9 may be enforced by the Randolph Commissioner of Public Health, the Randolph Building Commissioner, the Randolph Code Enforcement Officer or the Randolph Police Department. Unpaid fines under this § 147-9 shall be considered municipal charges and may be included as liens created by MGL c. 40, § 58, or any other applicable law, to be added to and collected as unpaid real estate taxes. Any person violating any provision of the following enumerated subsections of § 147-9 shall be punished by the following penalties for violations thereof; and not only the person actually performing the prohibited act or thing, but also his employer and every other person concerned in so doing shall be punished by such fine.
[Amended 12-5-2022 by Ord. No. 2022-050]
E.
Rubbish
disposal; penalty. In the Town of Randolph, fines for violation of
MGL c. 270, § 16 (concerning disposal of rubbish, etc. on
or near highways and coastal or inland waters; penalties; enforcement;
park rangers), shall be determined based on volume, location and content
subject to the following schedule:
(1)
Up
to and including one (1) cubic yard illegally dumped in an unauthorized
container will be fined one hundred ($100.00) dollars.
(2)
Up
to and including one (1) cubic yard illegally dumped in a vacant lot
or on a public way and or public property will be fined two hundred
fifty ($250.00) dollars.
(3)
Up
to and including one (1) cubic yard illegally dumped in a park or
playground will be fined five hundred ($500.00) dollars.
(4)
Any
volume between one (1) and five (5) cubic yards found in a vacant
lot or on a public way and/or public property will be fined one thousand
($1,000.00) dollars.
(5)
If
illegally dumped in a park or playground any volume between one (1)
and five (5) cubic yards will be fined fifteen hundred ($1,500.00)
dollars.
(6)
Five
(5) cubic yards or more found in a vacant lot or on a public way and/or
property will be fined two thousand five hundred ($2,500.00) dollars
and five (5) cubic yards or more illegally dumped in a park or a playground
will be fined three thousand ($3,000.00) dollars.
(7)
Restricted
solid waste as defined in 310 CMR 19 Massachusetts Department of Environmental
Protection, including but not limited to televisions, major appliances
and computer monitors, in any and all volumes illegally dumped in
any and all locations will be fined two thousand ($2,000.00) dollars.
(8)
Construction
debris and other related materials, in any and all volumes, illegally
dumped in any and all locations will be fined two thousand five hundred
($2,500.00) dollars and referred to the Randolph Department of Public
Health for further investigation and enforcement.
(9)
Hazardous/toxic
waste as defined in MGL c. 21C, § 2, MGL c. 21I, § 2,
MGL c. 21I, § 9, 310 CMR 16 Massachusetts Department of
Environmental Protection and 310 CMR 19 Massachusetts Department of
Environmental Protection, in any and all volumes illegally dumped
in any and all locations will be fined three thousand ($3,000.00)
dollars and referred to the Randolph Department of Public Health for
investigation and enforcement including additional fines where authorized.
F.
Promulgation of rules and regulations. The Randolph Commissioner of Public Health and/or the Randolph Building Commissioner shall have the authority to promulgate rules and regulations necessary to implement and enforce this § 147-9.
G.
Enforcement in accordance with Massachusetts General Law. Any person taking cognizance of a violation of this § 147-9 which he is empowered to enforce by statute, ordinance, or by appointment as special police officer may enforce said ordinances in accordance with MGL c. 40, § 21D.
H.
Whenever it shall be necessary for the Town to have violating trash, rubbish, debris, litter, filth, garbage or other refuse removed as the result of the failure of a violator to comply with the requirements of this § 147-9, the cost thereof shall constitute a debt owed to the Town and, unless paid, the same shall be added to the personal property tax bill or real estate tax bill sent to the owner of the property that caused the violation, and may thereafter be collected in the same manner as taxes are collected.
