Pursuant to the general powers granted to cities and towns by
Article 89 of the amendments to the Massachusetts Constitution and
the specific powers granted by the Massachusetts General Laws, this
bylaw is adopted to remedy nuisances within the Town.
In this bylaw, the following words shall have the following
meanings:
BUILDING
A combination of any materials, whether portable or fixed,
with exterior walls or firewalls and a roof, built, erected or framed,
to form a structure for the shelter of persons, animals, or property.
The word "building" shall be construed where the context requires
as though followed by the words "or part or parts thereof."
INTERESTED PARTIES
In connection with the notification requirements of this
bylaw, interested parties arc the owner(s) of the property which is
the subject of the hearing; the Town Administrator or his designee;
owners of property directly opposite the subject property on any public
or private street or way; abutters of the subject property; and abutters
of abutters within three hundred feet of the property line of the
subject property. Ownership of land shall be determined by the most
recent tax list.
NUISANCE
All public nuisances as known at common law or in equity
jurisprudence; and furthermore whatever is dangerous to human life
or detrimental to health. Specific conditions which may be characterized
as nuisances include, without limitation:
A.
Burned structures not otherwise lawfully habitable or usable.
C.
Dangerous or unsafe structures.
D.
Dead, decayed, diseased or hazardous trees, debris or trash.
E.
Unregistered or abandoned vehicles or discarded vehicle parts
which are not reasonably related to a use of the property permitted
under current zoning and are not otherwise authorized under Town bylaws.
F.
Commercial vehicles in excess of that permitted under current
zoning bylaws.
G.
Construction equipment not being diligently employed in permitted
construction activity on site in a single-family (RS) zoning district.
OWNER
The recorded title holder to the property, or the authorized
agent, assignee or representative of said title holder.
OCCUPANT
The person occupying or in control of such property.
STRUCTURE
A combination of materials assembled at a fixed location
to give support or shelter such as a building, framework, retaining
wall, reviewing stand, platform, bin, fence, sign, flagpole, or mast
for an antenna or the like. The word "structure" shall be construed,
where the context allows, as though followed by the words "or part
or parts thereof."
The Town Administrator shall, upon written complaint, have any
condition inspected which may constitute a nuisance. The Town Administrator
shall assign the investigation to the Town official who, in the Town
Administrator's judgment, is the most appropriate investigating
authority.
If, in the opinion of the Town Administrator or his/her designee,
the reported condition does constitute a nuisance, his/her designee
shall make a written report to the Selectmen of such condition, together
with a petition for remedial action, and shall file a copy of the
petition with the Town Clerk.
Upon receipt of such petition and report, the Board of Selectmen
shall set a date for a hearing before said Board, not more than 30
days after the date of filing of the petition with the Town Clerk.
Notice of said hearing shall be posted, published and sent to
all interested parties not less than 14 days before the date of said
hearing. Notice of the hearing shall state the subject matter sufficient
for proper identification, and the date, time and place of the hearing
and shall be made in the following manner:
A. Publication of the notice in a newspaper of general circulation in
the Town.
B. Mailings by first-class mail to the addresses of interested parties.
Within seven days of the hearing, the Selectmen shall determine
whether or not the condition constitutes a nuisance, and shall determine
what action shall be taken by the owner to remove the nuisance. Such
actions may include, but shall not be limited to, abatement or removal
of the nuisance at the owner's expense within 24 hours after
service of the order, or such other time as may be determined by the
Selectmen.
The Town Clerk shall deliver a copy of the order to an officer
qualified to serve civil process, who shall forthwith serve an attested
copy thereof. Such order shall be in writing and shall be served on
the owner in the manner specified by MGL c. 111, § 124,
as amended.
An owner or occupant shall forfeit $20 for every day during
which he willfully violates such order.
In accordance with MGL c. 139, § 2, a person aggrieved
by such order may appeal to the Worcester Superior Court. This civil
action must be commenced within three days after the service of the
attested copy of the order upon said aggrieved person.
If the owner fails to comply with the order within the time
limit given in the order, the Selectmen may cause the nuisance to
be removed and all expenses incurred thereby shall constitute a debt
due the Town upon completion of the removal and the rendering of an
account therefor to the owner, and shall be recoverable from such
owner in an action of contract. Any such debt shall constitute a lien
on the land upon which the nuisance was located. The Selectmen shall
follow the procedures relative to liens provided in MGL, c. 139, § 3A,
as amended.