[HISTORY: Adopted by the Town Council of the Town of West
Springfield as Ch. 7, § 7-1900, of the Codified Ordinances.
Amendments noted where applicable.]
In order to protect the health, safety and welfare of the inhabitants
of the Town of West Springfield, this chapter shall permit the Town
to impose liability on owners, rental property managers and other
responsible persons for the nuisances and harm caused by properties
where unlawful or disorderly behavior occurs on a regular basis. Specifically,
it is the declared public policy of the Town of West Springfield to
utilize this chapter to discourage and control unlawful or disorderly
behavior as discussed herein and to limit the undesirable impact of
such behavior upon members of the general public and to appropriately
assign financial liability for enforcement action to the owners of
the property where such activities occur in a repeated fashion.
As used in this chapter, the following terms shall have the
meanings indicated:
Include but are not limited to loud music; boisterous parties;
sounds emanating from within the structure which are audible outside
the building; loud noise; disorderly conduct; fights within the building
or in its vicinity involving tenants of the building or their invitees
(excluding incidents involving domestic violence); tenants or invitees
of tenants being intoxicated on public ways in the vicinity of the
building; the arrest and conviction of tenants or their invitees for
activities which constitute either a crime or civil infraction under
either state or local law; other similar activities in the building
or outside the building itself; or repeated violations of applicable,
federal, state or local laws, including but not limited to the ordinances
of the Town of West Springfield.
Any building, or part thereof, which the Town has identified
as a disorderly residence after having responded to multiple calls
for service to the property in response to disorderly incidents, as
defined by this section, which are created by the owner, tenants,
or owner's or tenants' cohabitants, guests or invitees and which would
have a tendency to unreasonably disturb the community, the neighborhood,
or any ordinary individual in the vicinity of said building.
A single unit providing complete living facilities for one
or more persons or any dwelling unit, multifamily dwelling unit, family
apartment, boardinghouse, condominium, rooming house, rooming unit,
or leased units in a manufactured housing park (hereinafter jointly
and severally "residence").
A.
Upon being dispatched or caused to respond to a disorderly incident
at a residence, the Police Department personnel shall investigate
the validity of the complaint. Upon finding a valid complaint of any
disorderly incident, the Police Department shall make a record of
the disorderly incident.
B.
After three valid complaints in any twelve-month period relating to a residence, the Police Chief, Mayor, or their designee(s) (hereinafter referred to as the "Town") shall notify the property owner(s) and the involved tenant(s), if any, of the ongoing issues at the property in writing pursuant to § 183-4. The Town shall require the owner(s) or his/her duly authorized representative to meet with representatives of the Town, including the Police Department and the Mayor or their designee(s), within 10 business days from the date of the written notification (or such other time as is agreed upon by all parties) to identify ways in which the identified issues will be eliminated. At the time of said meeting, the Town may request documentation, including, but not limited to: a copy of the names of all tenants or other persons authorized to reside or presently residing in the building and the units they occupy; and/or management contracts with any building supervisor or other person responsible for the orderly operation of the building. At the meeting, the owner(s) or his/her duly authorized representative shall agree to take effective measures to address the identified issues; said measures shall be memorialized in a written agreement at the conclusion of the meeting with the Town. The measures memorialized in the agreement shall be implemented within one week of said meeting unless another date is agreed upon by the Mayor or his or her designee in writing.
C.
If the owner(s) fails or refuses to meet with Town officials pursuant to Subsection B; fails or refuses to agree to take effective measures to address the disorderly residence; takes ineffective measures to address the disorderly residence as determined by the Town; fails or refuses to implement the agreement reached with the Town to address the disorderly residence; or if the Police Department is called to the residence within a six-month period after the building owner meets with the Town, the Town shall send notice in writing pursuant to § 183-4 to the property owner and the involved tenant(s), if any, that the property has been recommended for a classification as a "disorderly residence." The notice shall include a date, time and place for a hearing to be held within 10 business days from the date of the written notification (or such other time as is agreed upon by all parties).
D.
After a hearing, the Town, at its discretion, may make the decision
to designate the property as a disorderly residence. Factors that
may be considered in deciding whether to designate the residence as
a disorderly residence include but are not limited to the following:
the nature, scope, and seriousness of the disorderly incident(s);
whether the disorderly incident(s) resulted in an arrest; history
of criminal activity taking place at the residence; property owners'
and tenants'/occupants' willingness to cooperate with police. The
Town shall notify, in writing, the property owner and the involved
tenant(s), if any, of the Town's decision to designate the property
as a "disorderly residence."
A.
Notice content. Notice required by this chapter shall be in writing,
include a description of the real estate sufficient for identification,
and include a statement of the reason or reasons why the notice is
being issued. Such notice shall be deemed sufficient for all legal
purposes.
B.
Method of service. Notice required by this chapter shall be deemed
to be properly served if a copy thereof is delivered to the owner
personally; or sent by certified or registered mail addressed to the
owner at the last known address with return receipt requested. If
the certified or registered letter is returned showing that the letter
was not delivered, a copy thereof shall be posted in a conspicuous
place in or about the structure affected by such notice. Service of
such notice in the foregoing manner upon the owner's agent or upon
the person responsible for the structure shall constitute service
of notice upon the owner.
Each valid compliant of a disorderly incident occurring after designation of the property as a "disorderly residence" shall constitute a violation. Violations shall be enforceable under the noncriminal disposition procedures established by MGL c. 40, § 21D, and adopted as set forth in Chapter 1, Article II, of these ordinances. The noncriminal disposition penalties for any person violating this chapter shall be $150 for the first violation; $200 for the second violation and $300 for each subsequent violation and shall be issued to the assessed owner of the property where the violation occurred. The noncriminal disposition penalty provision of this chapter shall take precedence over the penalty provisions of Chapter 25, § 25-1, of these ordinances, and shall inure to the Town. The enforcement duties of this chapter shall be performed by the Town's Police Department. Any fines not paid when due shall be collected as a "municipal charge lien" pursuant to the provisions of MGL c. 40, § 58 and this chapter.[1]
Nothing in this chapter shall prevent the Police Department
from filing an application for criminal complaint against a party
for keeping a noisy or disorderly house pursuant to MGL c. 272, § 53(b).
In addition, the Town may file a legal action against the owner seeking
court costs, response charges, and all damages and remedies to which
it is entitled pursuant to state and local laws.
In the event the property owner has commenced the process of
eviction against the tenant(s) responsible for the incidents at the
property, and demonstrates that s/he has proceeded diligently and
in good faith, then the application of this chapter shall be stayed
until the eviction process is concluded.
