[HISTORY: Adopted by the Town Meeting of the Town of Hull
as indicated in article histories. Amendments noted where applicable.]
[Adopted 5-7-2013 ATM
by Art. 20 (Ch. 115 of the 1989 Code)]
[Amended 5-15-2015 ATM
by Art. 16; 6-5-2018 ATM by Art.
15]
A.
The purpose of this bylaw is to help protect the health, safety and
welfare of the citizens by preventing properties from becoming blighted
or vacant and not maintained, protecting property values and neighborhood
integrity, protecting the Town's resources, avoiding the creation
and maintenance of nuisances and ensuring the safe and sanitary maintenance
of buildings. Blighted buildings are at an increased risk for fire,
unlawful entry and other public health and safety hazards. This Bylaw
will help secure the Town's public welfare by requiring all property
owners (which term shall include managers and those with responsibility
for the care of property), including lenders, trustees and service
companies and foreclosing parties, to properly maintain blighted properties.
B.
Code Enforcement Agents of the Town shall be the enforcement authorities
as to this bylaw.
A building, structure or property which has some of the following
characteristics: shows signs of substantial physical distress, including,
but not limited to, boarded-up or broken windows or doors, fire damage,
collapsed roofs, exposure to the elements, susceptibility to unauthorized
entry, the accumulation of trash, junk, and/or debris, or that appears
to pose a risk to public safety, as determined by Code Enforcement
Agents. "Blighted" does not include a building that is unoccupied
while undergoing renovations for which a valid building permit exists,
or while undergoing repairs due to fire or other casualty for which
a valid building permit exists. In order to come within this definition
and bylaw, it must be property not being used or occupied as intended,
is not legally occupied, has been wholly vacant for 60 days and have
one or more of the foregoing characteristics.
Property unoccupied due to satisfactory evidence of a medical
reason of the owner or occupant and property vacant because of storm
damage that is less than one year old shall not be considered blighted
under this bylaw.
Any structure used or intended for supporting of sheltering
any use or occupancy; a structure enclosed within exterior walls or
firewalls, built, erected and framed of a combination of any material,
whether portable or fixed, having a roof, to form a structure for
the shelter of persons, animals or property. For the purpose of this
definition, "roof" shall include an awning or similar covering, whether
or not permanent in nature, and the word "building" shall be construed,
where the context requires, as though followed by the words "or parts
thereof".
A Department Head or employee within any Department involved
in the enforcement of laws pertaining to public safety.
Consecutive calendar days.
Occupied in accordance with the provisions of the applicable
laws, rules and regulations.
Within 20 miles of the property in question.
A person or entity who, alone or severally with others:
Has legal or equitable title to property or has care, charge
or control of any building, dwelling unit or parcel of land in any
capacity including but not limited to agent, personal representative,
executor, executrix, administrator, administratrix, trustee or guardian
of the estate of the holder of legal title; or
Has legal right to possess the property in question; or
Is a mortgagee in possession of any building on property; or
Is an agent, trustee, receiver or other person appointed by
the courts or owner and vested with possession or control of a building
on property or property itself; or
Is an officer or trustee of an association of unit owners of
a condominium or cooperative which is or is on the property, including
the common areas.
Real property or portion thereof, located in the Town of
Hull, including but not limited to buildings or structures situated
on the property.
A Plan which will detail the owner's action steps that address
all violations of this by-law and other applicable laws, rules and
regulations.
A combination of materials for permanent or temporary occupancy
of use, such as a building, bridge trestle, tower, framework, retaining
wall, tank, tunnel, stadium, reviewing stand, platform, swimming pool,
shelter, pier, wharf, bin, fence, sign, gasoline pump, recreational
court, or the like.
The Town of Hull, MA.
A.
Blighted property. If a building, structure or property is determined
to be blighted under this bylaw by a Code Enforcement Agent, the agent
shall issue a notice to the Owner(s) of the property informing them
of all conditions on the property which must be corrected as required
by the pertinent codes in order to remove the determination as blighted
under this bylaw. Upon provision of documentary evidence of correction
of the conditions in such notice, the Code Enforcement Agents shall
inspect the property and, so long as there are no other outstanding
violations, the Code Enforcement Agents shall certificate of compliance
relates to this bylaw.
B.
Unless the violations have been corrected within the period of time
specified in the notice of violation or such extended time that may
be granted after notice of violation has issued, the Owner(s) shall
register the property with the Inspectional Services Department on
forms provided by said Department.
C.
Any property registered under this By-Law shall pay an annual registration
fee which shall be for a one-year period or sooner period if the property
is issued a certificate of compliance under this bylaw. Registered
property that receives a certificate of compliance under this bylaw
shall be liable for a new registration fee or fees should it subsequently
be determined to be blighted. The registration fee shall be set by
the Select Board pursuant to G.L. c. 40, 22F.
[Amended 5-8-2021 ATM by Art. 6B]
D.
Willful failure to pay the annual registration fee shall be a violation
of this bylaw, and the full fee shall be deemed and designated an
assessment against the property and constitute a municipal lien on
the property in accordance with G.L. c. 40, 58.
E.
Within 30 days of registration, unless the property has received
a certificate of compliance, the Owner(s) of any property required
to be registered under this bylaw shall pay to the Town an annual
special inspection fee of $100 to provide for cost of recovery for
inspection services provided by the appropriate Town departments.
This fee shall be in addition to any other inspection fees that may
be required by the Code Enforcement Agents.
F.
If the Owner(s) is a corporation or other entity with a principal
place of business outside the Commonwealth of Massachusetts or an
individual residing outside the Commonwealth, the owner shall appoint
an in-state agent authorized to accept service of process and other
documents under this By-Law, such as property manager or real estate
professional. Each registration shall state the owner's and, if applicable,
agent's name, telephone and cell phone number, email, residence and
place of business in the Commonwealth of Massachusetts and mailing
addresses located within the Commonwealth of Massachusetts, including
valid name, street number, street name, city or town, state and zip
code; the residence or place of business shall not be a Post Office
box.
A.
Properties subject to this Bylaw must comply with all state and local
health, sanitary and safety codes and regulations. The local owner
or local property management company must inspect and maintain the
property on at least a monthly basis for as long as the property is
in violation of this bylaw. The name and the twenty-four-hour contact
telephone number of the local owner or local property management company
responsible for the maintenance must be posted on the front of the
property so as to be clearly visible by the Code Enforcement Agents
or their designee from the street.
B.
In accordance with applicable law property that is blighted must
be safe and must be safe and must be secured so as not to be accessible
to unauthorized persons.
C.
Compliance with this bylaw does not relieve the owner or other responsible
party of any applicable obligations set forth in the laws, rules,
code, regulations, covenant conditions and restrictions, and/or homeowner's
association rules and regulations.
D.
Unless corrected within 30 days of the notice of violation or such
extended time that may be granted, a building owner and/or property
manager shall submit within 30 days of the notice of violation or
such extended time a Property Enhancement Plan (PEP) which shall detail
the owner's actions that address all violations of this bylaw. If
approved and while in compliance with an approved plan, an owner will
not be subject to further citations for violations of this bylaw.
Non-compliance with an approved plan or failure to have an approved
plan shall be violations of this bylaw. The adoption of a PEP shall
not absolve the owner for financial penalties incurred prior to the
adoption for a violation of this bylaw or any other applicable law,
rule or regulation or if violations continue or resume after approval.
Code Enforcement Agents, or their designees, shall have the
authority to periodically inspect the exterior and interior of any
building subject to this Bylaw for compliance upon at least 24 hours'
notice or such notice as is reasonable under the circumstances to
the property owners or their designees. If access is not provided
by the owner or designee, the Town may seek access by appropriate
court approval or other lawful means.
Nothing in this Bylaw shall abrogate the powers and/or duties
of the Town to act pursuant to any law, rule or regulation.
[Amended 5-8-2021 ATM by Art. 6B]
Any persons aggrieved by a decision or order issued hereunder
or seeking an extension of time to comply with directives beyond that
allowed by the Code Enforcement Agent may appeal said decision or
order to a Board of Appeals. The Board of Appeals for this article
should be the Select Board, the Chair and Director of the Council
on Aging, one private citizen appointed by the Select Board and the
Town Manager or his designee.
If any provision of this Bylaw imposes greater restrictions
or obligations than those imposed by any general law, special law,
regulation, rule, Bylaw, order or policy, the provisions of this bylaw
shall control.
If any provision of this Bylaw is held to be invalid by a Court
of competent jurisdiction, then such provisions shall be considered
separately and apart from this Bylaw and the remaining provisions,
which shall remain in full force and effect.
A failure to comply with the provisions of this bylaw shall
be subject to a fine of $100 for each day of non-compliance. These
provisions may also be enforced under the Town's non-criminal disposition
bylaw[1] and/or by any other enforcement method under the law.
Nothing contained herein shall serve as a limit on other lawful enforcement
mechanism, nor shall the same excuse compliance with any other laws,
rules or regulations.
[Adopted 5-8-2018 ATM
by Art. 14]
A.
The purposes of this bylaw are to protect the welfare and economic
vitality of the residents of the Town of Hull by protecting property
values, maintaining neighborhood integrity and accessibility, safeguarding
against economic property blight, protecting Town resources, and ensuring
the safe and sanitary maintenance of commercial and industrial vacant
properties. Among other things, vacant commercial and industrial properties
can degrade the vitality of Hull's business districts, frustrate local
planning and development efforts, negatively impact property values,
create increased specific risks of fire damage, vandalism and unlawful
entry or uses, and give rise to other public health and safety hazards.
This bylaw is intended to promote the Town's public welfare, economic
health and vitality by requiring all property owners to register and
properly maintain vacant commercial properties.
B.
This bylaw shall be in effect through September 30, 2023 unless rescinded
or amended prior thereto.
As used in this article, the following terms snail have the
meanings indicated:
Any structure used or intended for supporting of sheltering
any use or occupancy; a structure enclosed within exterior walls or
firewalls, built, erected, and framed of a combination of any material,
whether portable or fixed, having a roof, to form a structure for
the shelter of persons, animals or property. For the purposes of this
definition, "roof" shall include an awning or similar covering, whether
or not permanent in nature, and the word "building" shall be construed,
where the context requires, as though followed by the words "or parts
thereof."
The Building Commissioner of the Town of Hull or his or her
designee.
The Building Department of the Town of Hull.
A Department Head or employee within any Department involved
in the enforcement of laws pertaining to public health and/or safety.
Consecutive calendar days.
Occupied in accordance with the Applicable laws, rules, and
regulations.
Within 20 miles of the property in question.
A person or entity who, alone or severally with others:
Has legal or equitable title to any building or has care, charge
or control of any building in any capacity including but not limited
to agent, personal representative, executor, executrix, administrator,
administratrix, trustee, or guardian of the estate of the holder of
legal title; or
Is a tenant with a legal right to possess an entire building;
or
Is a mortgagee in possession of any building; or
Is an agent, trustee, receiver or other person appointed by
the courts and vested with possession or control of a building; or
Is an officer or trustee of an association of unit owners of
a condominium or cooperative which contains a vacant property.
The Department of Planning and Community Development of the
Town of Hull.
The Director of Planning and Community Development for the
Town of Hull or his or her designee.
Any real property or portion thereof, located within the
Town of Hull, including but not limited to buildings or structures
situated on the property.
Works of art for public benefit and viewing, approved by
the Office of Community Development and Planning, for which owners
have agreed to the temporary display inside storefront windows or
upon other safe, visible exterior surfaces of vacant properties for
agreed upon time periods and other material terms.
Commercial properties occupied by businesses which, annual,
close for a period of 90 consecutive days or longer in a twelve-month
period.
A combination of materials for permanent or temporary occupancy
of use, such as a building bridge trestle, tower, framework, retaining
wall, tank, tunnel, stadium, reviewing stand, platform, swimming pool,
shelter, pier, bin, fence, sign, gasoline pump, recreational court,
or the like.
The Town of Hull, MA.
Any unoccupied nonresidential commercial or industrial real
property which:
Is not legally occupied, is abandoned, or is not used for a
period of at least 90 consecutive days or longer by occupants having
custody or legal right of entry to such property; or
Which is intermittently occupied by persons with legal right
of entry, but exhibits, in the opinion of the Building Commissioner,
dilapidated walls, roof or doors which fail to prevent the entry of
a trespasser for a period of more than seven days.
A.
Prior to, or not more than seven days after a unit has been vacant
or any portion of a property becomes vacant, as defined herein, the
owner(s) must register the vacancy with the Community Development
and Planning Department and the Building Department on forms agreed
upon and provided by such departments. All registrations must state
the owner's name, phone number, email and mailing addresses as well
as a local emergency contact, if not the same. None of the required
addresses shall be a post office box. This registration must state
that the property is vacant at the time of filing. The registration
shall also state the owner's efforts to regain occupancy. Once the
building is no longer vacant, the owner must provide proof of lawful
occupancy to the Community Development and Planning Department and
the Building Department pursuant to the process outlined by such Departments.
The Building Commissioner will notify Police, Fire, Municipal Light,
Sewer, and Health Departments of the submitted registration of vacant
building as well as the re-occupancy of the building.
B.
The Planning Director, in consultation with the Building Commissioner,
may exempt a property owner from the provisions of this bylaw at their
discretion, provided said exemption does not violate the purpose or
intent of this bylaw.
A.
An annual registration fee will be due to the Town of Hull. The annual
registration fee shall be set by the Select Board pursuant to G.L.
c. 40, § 22F.
[Amended 5-8-2021 ATM by Art. 6B]
B.
At the time of registration, and each calendar year thereafter, the
owner of any vacant property shall pay to the Town an annual registration
fee to cover the administrative cost of monitoring and ensuring the
security and proper maintenance of such building. Failure to pay the
annual registration fee shall be a violation of this bylaw, and the
full fee shall be deemed an assessment resulting from a violation
of this bylaw. Such fee, and any fines issued for violations of this
bylaw, shall constitute a municipal charges lien on the property,
to be collected in accordance with G.L. c. 40, § 58.
C.
Owners may apply for a waiver of the annual registration fee requesting
waiver of some or the entire fee on grounds of demonstrable financial
hardship, or by agreeing in writing to display public art as defined
herein for the term of a vacancy. Waivers for public art display will
be granted only as sufficient public art is available, appropriate
to the location for display, and the Town, artist, owner agree to
terms of exhibition as set forth by the Community Development and
Planning Department. The Community Development and Planning Department
shall have no more than 30 days to review and issue a determination
on waiver requests.
A.
The owner of a vacant building must maintain the vacant building
in accordance with all applicable local and State Sanitary Codes,
Building Codes and Fire Codes, pertaining to the external/visible
maintenance of the building and major system maintenance of the property.
B.
The owner of a vacant building must promptly repair all broken windows,
doors, other openings and any unsafe conditions at a vacant building.
Boarding up of open or broken windows and doors is prohibited except
as a temporary measure allowed by Title V, Article Seven of these
bylaws, unless the Building Commissioner determines that, due to vandalism
or security reasons and due to circumstances out of the owner's control,
the proper boarding of windows and doors is necessary for a determined
period of time. Boards or coverings must be fitted to the opening
size and colored to blend with the existing building color scheme.
C.
The owner must maintain the building and property for the duration
of the vacancy or abandonment. The owner shall maintain the condition
of the building and property so as to appear not to be vacant. Upon
notice by the Building Commissioner, any accumulated trash and/or
graffiti shall be removed from the property by the owner within seven
days. The Building Commissioner and/or his designee will document
violations. The owner of any building vacant for a period exceeding
six months, whose utilities have been shut off, shall have those utilities
removed or cut and capped to prevent accidents and other health and
safety hazards.
D.
The owner may include advertising materials as they relate to property
listing in the vacant space or displayed in the vacant property's
street-facing windows. Such advertising materials must be approved
by the Planning Director. Advertising materials are not to be permitted
in lieu of annual fee or approved public art display.
E.
Compliance with this bylaw shall not relieve the owner of any obligations
set forth in any other applicable bylaw, regulation, codes, covenant
conditions or restrictions and/or association rules and regulations.
In case of a conflict with these rules and regulations, the stricter
of the rules and regulations shall apply.
The Building Commissioner, Police Chief, Fire Chief and the
Health Director, or their designees, shall have the authority to periodically
inspect the exterior and interior of any building subject to this
bylaw for compliance, as authorized under the terms of registration
form filed with the Building Department and Community Development
Planning Department. The Building Commissioner shall have the discretionary
authority to disconnect utilities immediately if a potential hazard
that may be dangerous to life and limb is present.
A.
Violations of any portions of this bylaw shall be punishable by a
fine of $100 per day in total.
B.
The Building Commissioner or his designee shall enforce all provisions
of this bylaw and shall institute all necessary administrative or
legal action to assure compliance. Any owner found to be in violation
of this bylaw shall receive a written warning and a minimum of seven
days to remedy all violations prior to the institution of any enforcement
action by the Commissioner. The Building Commissioner, acting on behalf
of the Town of Hull, may also bring a civil action in a court of competent
jurisdiction seeking equitable relief to enforce this bylaw. This
bylaw may also be enforced through non-criminal disposition in accordance
with the provisions of the Town bylaws.[1]
If the Building Commissioner determines the building to be unsafe,
the Commissioner may act immediately in accordance with the Massachusetts
State Building Code to protect public safety. Furthermore, nothing
in this bylaw shall abrogate the powers and/or duties of municipal
officials to act pursuant to any general statutory authority, including,
without limitation, G.L. c. 139, § 1 et seq. and G.L. c.
143, § 6 et seq.
A.
Seasonal commercial property occupants shall register with the Community
Development and Planning Department on forms agreed upon and provided
by said department. All registrations must state the owner's name,
phone number, email and mailing addresses as well as a local emergency
contact, if not the same. None of the required addresses shall be
a post office box. This registration must state the specific time
period which the property will be unoccupied.
B.
A one-time registration fee will be due to the Town of Hull at the
time of registration. The registration fee shall be set by the Select
Board pursuant to G.L. c. 40, § 22F. Failure to pay the
registration fee shall be a violation of this bylaw, and the full
fee shall be deemed an assessment resulting from a violation of this
bylaw. Such fee, and any fines issued for violations of this bylaw,
shall constitute a municipal charges lien on the property, to be collected
in accordance with G.L. c. 40, § 58.
[Amended 5-8-2021 ATM by Art. 6B]
C.
Occupants may apply for a waiver of the registration fee requesting
a waiver of some or the entire fee on grounds of demonstrable financial
hardship, or by agreeing in writing to display public art as defined
herein for the term of non-occupancy. Waivers for public art display
will be granted only as sufficient public art is available, appropriate
to the location for display, and the Town, artist, owner agree to
terms of exhibition as set forth by the Community Development and
Planning Department. The Community Development and Planning Department
shall have no more than 30 days to review and issue a determination
on waiver requests.
If any provision of this bylaw is held to be invalid by a court
of competent jurisdiction, such provision shall be considered separate
and apart from the remaining provisions, which shall remain in full
force and effect.
