[HISTORY: Adopted by the Town Meeting of the Town of Hull as indicated in article histories. Amendments noted where applicable.]
[Adopted 4-11-1994 ATM by Art. 24 (Ch. 141 of the 1989 Code)]
A. 
No person, tenant or entity, corporate or otherwise, as owner(s) or one(s) in control or premises, shall keep in the open in any area of the Town of Hull any prohibited material, as the term is hereinafter defined, for more than 30 consecutive calendar days without being licensed to do so under this article.
B. 
"Prohibited material" shall be defined as including, but not limited to, abandoned, discarded or unused furniture, stoves, toilets, cabinets, scrap metal, lumber, concrete, asphalt, tin cans, rope, rugs, batteries, paper, trash, rubber debris, waste and other old or scrap ferrous and non-ferrous material, which is not being used for its intended purposes.
[Amended 5-8-2021 ATM by Art. 6B]
A license to keep any prohibited material shall be requested by filing an application in writing for such a license with the Select Board no later than 15 days after a citation has been issued. The Select Board Members shall hold a public hearing upon such a request within 30 days of receipt of said application, notice of which shall be published in a newspaper issued in Hull, or a paper of general circulation in Hull, at least three days prior to the hearing. The cost of the publishing shall be paid by the applicant.
[Amended 5-8-2021 ATM by Art. 6B]
The Select Board Members may grant a license for up to one year upon such condition(s) as the Select Board Members deem proper to keep such prohibited material in the open after a public hearing has been held and the Select Board Members determine that the keeping of the same will not depreciate property values in the area, will not create a hazard to the public safety, or will not become a public nuisance. Renewals of said licenses shall be granted only after the procedure set forth is followed.
[Amended 5-8-2021 ATM by Art. 6B]
The applicant shall, at his own expense, give notice of said hearing by mailing a notice of same prepared by the Select Board to all parties in interest, meaning abutters, owners of land directly opposite on any public or private street or way and abutters to the abutters within 300 feet of the property line, all as they may appear on the most recent applicable tax list as certified by the Board of Assessors. The applicant shall submit an affidavit as to said notice. Renewals of said licenses shall be granted only after the procedure set forth is followed.
[Amended 4-8-1996 ATM by Art. 30]
Notwithstanding the aforesaid sections, no person shall be in violation of this article if, prior to a determination of guilt by any judicial body, that person or entity acquires a determination by the Hull Board of Appeals, through the procedures hereinafter prescribed, that those articles or pieces of property which the Town of Hull claim to be prohibited material are not prohibited, as defined in the article.
[Amended 4-8-1996 ATM by Art. 30]
Any person or entity requesting a determination that articles or property are not in violation of this article must do so by written application to the Board of Appeals of the Town of Hull. Said Board of Appeals shall hold a public hearing upon such a request, the hearing must be held within 30 days after receiving said application, notice of which shall be published at least three days before the date of the hearing. The cost of the publishing shall be paid by the applicant. The applicant shall at his own expense, give notice of said hearing by mailing a notice of same prepared by the Board of Appeals to all parties in interest, meaning abutters, owners of land directly opposite on any public or private street or way and abutters to the abutters within 300 feet of the property line, all as they may appear on the most recent applicable tax list as certified by the Board of Assessors. The applicant shall submit an affidavit as to said notice. Any such application for review shall be filed in accordance with the rules and regulations of the Board of Appeals as published.
Notwithstanding the aforesaid sections, no prohibited material shall be deemed to be "in the open" as that phrase is used in § 334-1, if it is totally screened from view of any public road or way, or any way which the public has a right of access.
Conditions existing on the date of the acceptance of this article which meet the definition of prohibited material must be brought into compliance within 30 days after said acceptance.
The Building Commissioner and Board of Health shall be charged with the interpretation and enforcement of this article, and may also be enforced by the Hull Police Department. Enforcement of this article may be by criminal complaint, indictment, non-criminal disposition or appropriate civil enforcement action. Selection of one method shall not preclude the selection of any other method or remedy.
Any person or entity who is found in violation of this article shall be liable for a fine of $25 a day for the first five days and $50 a day for every day thereafter. The days shall be counted commencing 15 days after notice of the violation is given.
Any clause, section or part of this article determined to be invalid by any judiciary for any reason shall be severable from any other clause, section or part, without affecting the validity of that which remains.
Construction sites complying with the requirements of 780 CMR and MGL Chapter 40, Section 54 are exempt from the aforementioned, provided that all related construction debris is maintained in a controlled fashion as determined by the Building Official.