Pursuant to the general powers granted the Town by Article 89 of the Amendments to the Massachusetts Constitution, this bylaw is adopted to help protect the health, safety, and welfare of the citizens of Upton by preventing blight, protecting property values and neighborhood integrity, protecting the Town's resources, and ensuring the safety and sanitary maintenance of all buildings and structures. Inadequately maintained buildings are at an increased risk for fire, unlawful entry, or other public health and safety hazards. This bylaw will help secure the welfare of the Town's residents and neighborhoods by requiring all property owners and occupants to properly maintain their respective properties.
[HISTORY: Adopted by the Town Meeting of the Town of Upton May 2015 as Title 3, Ch. 6, of the General Bylaws. Amendments noted where applicable.]
A structure, whether portable or fixed, with exterior walls or fire walls and a roof, built, erected or framed, of a combination of any materials, to form shelter for persons, animals, or property. See "structure" below.
A condition of decay or partial ruin by reason of neglect, misuse, or deterioration. The term includes, but is not limited to:
Property having deteriorated or ineffective waterproofing of exterior walls, roofs, foundations or floors, including broken or inadequately secured windows or doors.
Property having defective weather protection (such as paint, stain, siding or tarpaulin) for exterior wall covering; deleterious weathering due to lack of such weather protection or other protective covering.
Personal property that is broken, rusted, worn, partially or wholly dismantled or that, due to deterioration, is unsuitable for the purpose for which designed.
A person who occupies real property with the consent of the owner as a lessee, tenant at will, licensee or otherwise.
Every person who alone or jointly or severally with others:
Has legal title to any dwelling, dwelling unit, mobile dwelling unit, or parcel of land, vacant or otherwise, including a mobile home park; or
Has care, charge or control of any dwelling, dwelling unit, mobile dwelling unit or parcel of land, vacant or otherwise, including a mobile home park, in any capacity, including but not limited to agent, executor, executrix, administrator, administratrix, trustee or guardian of the estate of the holder of legal title; or
Is a mortgagee in possession of any such property; or
Is an agent, trustee or other person appointed by the courts and vested with possession or control of any such property; or
Is an officer or trustee of the association of unit owners of a condominium.
Each such person is bound to comply with the provisions of these minimum standards as if he were the owner. "Owner" also means every person who operates a rooming house.
Any individual, corporation and any voluntary association of individuals, business entity, or organization whether incorporated or not.
A combination of materials, whether wholly or partially level with, above or below the surface of the ground, whether permanent or temporary, assembled at a fixed location to give support, shelter or enclosure such as a building (see above), framework, retaining wall, stand, platform, bin, fence (having a height at any point of six feet or greater above grade), parking area sign, flagpole, or mast for an antenna or the like.
A.
All property located in the Town of Upton, whether occupied or vacant, shall be maintained in good repair and in a safe and sanitary condition so as not to contribute to the creation of a hazardous or blighted area or to adversely affect the public health and safety or property value of adjacent or surrounding property.
B.
No owner or occupant of any real property in the Town of Upton shall create, permit or maintain a condition or activity on their property which constitutes a nuisance by causing substantial or unreasonable interference with the common interest of the general public in the maintenance of decent, safe and sanitary conditions so as to prevent hazardous and blighted conditions. The following is a nonexhaustive list of examples of conditions which may be considered nuisances for purposes of this bylaw:
(1)
Burned structures not otherwise lawfully habitable or usable.
(2)
Dilapidated real or personal property.
(3)
Dangerous or unsafe structures or personal property.
(4)
Overgrown vegetation which may harbor rats and vermin, conceal pools of stagnant water or other nuisances, or which is otherwise detrimental to neighboring properties or property values.
(5)
Dead, decayed, diseased or hazardous trees, debris or trash that creates a hazard to life or safety.
(6)
Vehicles, machinery or mechanical equipment or parts thereof that are located on soil, grass or other porous surfaces that may result in the destruction of vegetation or contamination of soil.
(7)
Personal property which has been placed for collection as rubbish or refuse in violation of any rule or regulation of the Board of Health, or left in public view for more than three days.
(8)
The exterior storage or accumulation of junk, trash, litter, bottles, cans, rubbish, or refuse of any kind, except for domestic refuse stored in such a manner as not to create a nuisance for a period not to exceed 15 days. The term "junk" shall include parts of machinery or motor vehicles, used stoves, refrigerators, or other cast-off material of any kind whether or not the same could be put to any reasonable use.
(9)
The storage of building materials upon residential properties unless there is in force a valid building permit issued by the Building Commissioner for construction upon said property and said materials are intended for use in connection with said construction. Building materials shall include but shall not be limited to lumber, bricks, concrete or cinder blocks, plumbing materials, electrical wiring or equipment, heating ducts or equipment, shingles, mortar, concrete, nails, screws, steel, or any other materials commonly used in constructing any structure.
[Amended 5-8-2021 ATM by Art. 17]
A.
The owner of any real property in the Town of Upton which contains buildings or structures that are or will be unoccupied for a period of 180 consecutive days or more shall take the following measures to prevent the creation of nuisance conditions:
(1)
Comply with all applicable sanitary, building, and fire codes and orders issued pursuant thereto.
(2)
Secure the premises to prevent unauthorized entry and exposure to the elements.
(3)
Maintain the premises in a manner that ensures their external/visible maintenance, including but not limited to the maintenance of major systems, the removal of trash and debris, and the upkeep of lawns, shrubbery, and other landscape features.
(4)
Repair or replace broken windows or doors within 30 days. Boarding up any doors or windows is prohibited except as a temporary measure for no longer than 30 days.
(5)
For properties vacant for six months or more, the utilities for which have been shut off, remove or cut and cap such utilities to prevent accidents.
B.
Compliance with this section shall not relieve the owner of any applicable obligations set forth in any other codes, regulations, covenant conditions or restrictions, and/or homeowner or condominium association rules and regulations.
A.
If the Building Commissioner is informed of or has reason to believe that nuisance conditions exist on any real property in the Town, he may make or cause to be made an investigation of the facts, including an inspection of the property where the condition may exist. In making such inspection, the Building Commissioner shall have such right of access to premises that may be lawfully exercised by him under the laws and Constitution of the commonwealth and/or of the United States.
B.
If, after inspection, the Building Commissioner confirms the existence of nuisance conditions, he may make such orders as he deems necessary to abate the nuisance. Said orders shall be in writing and shall be served upon all owners and occupants as can be determined after reasonable inquiry.
C.
Any person aggrieved by an order of the Building Commissioner may request a hearing before the Select Board. Said request shall be in writing and received by the Select Board within five business days of issuance of the Building Commissioner's order. A copy of the hearing request shall also be delivered to the Building Commissioner, the complainant, if any, and the owners and occupants of any abutting property within 300 feet of the property line of the subject property. It shall be the responsibility of the person requesting the hearing to show that all interested parties have been notified of the request. If no such request is received within the time specified herein, the order of the Building Commissioner shall be final.
[Amended 11-7-2023 STM by Art. 16]
D.
A request for hearing shall not constitute a stay of the Building Commissioner's order unless the Building Commissioner so orders.
E.
Upon receipt of a timely request, the Select Board shall convene a public hearing, which shall include an examination of the complainant, if any, under oath, to determine whether nuisance conditions exist. Based on the credible evidence and testimony presented at said public hearing, the Select Board may affirm the Building Commissioner's order, reverse and nullify the order, or issue any such order as it deems necessary to ensure the protection of public safety and/or eliminate a nuisance. The determination of the Select Board after a hearing shall be final.
[Amended 11-7-2023 STM by Art. 16]
A.
This bylaw may be enforced by the Building Commissioner, the Board of Health or its designee and/or the Select Board or its designee.
[Amended 11-7-2023 STM by Art. 16]
B.
Any person who violates this bylaw may be penalized by noncriminal disposition as provided by MGL c. 40, § 21D, and § 1-5, Noncriminal disposition, of this Code. If noncriminal disposition is elected, then any person who violates the provisions of this bylaw shall be subject to penalties as follows:
C.
Whoever violates any provision of this bylaw may be penalized by indictment or on complaint brought in a court of competent jurisdiction. Except as may be otherwise provided by law and as the court may see fit to impose, the maximum penalty for each violation or offense shall be $300. Each day or portion thereof shall constitute a separate offense. If more than one, each condition violated shall constitute a separate offense.
D.
The Town may enforce this bylaw or enjoin violations thereof through any lawful process, and the election of one remedy by the Town shall not preclude enforcement through any other lawful means.
[Amended 11-7-2023 STM by Art. 16]
This bylaw is intended to further the objectives of and to act in concert with any existing federal, state or local laws concerning the maintenance of property and the abatement of nuisances. Nothing in this bylaw is intended to limit or restrict the authority of the Select Board, the Board of Health, the Building Commissioner, Conservation Commission, the Fire/EMS Chief, or any other board, commission or officer of the Town to act in accordance with federal, state and local laws within their jurisdiction, including but not limited to:
[Amended 11-7-2023 STM by Art. 16]
The Building Commissioner shall file with the Select Board each month a report that shall include all complaints of nuisance made to him during the prior month; all proceedings begun by him under this bylaw; all pending complaints; and all investigations and enforcement actions taken by him or referred to the Board of Health or any other enforcement agency. The report shall state the location of the premises, a summary of the nature of the complaint, the name of the responsible party (parties), and the disposition or the status of the matter.
The invalidity of any section, provision, paragraph, sentence, or clause of this bylaw shall not invalidate any other section, provision, paragraph, sentence, or clause thereof, nor shall it invalidate any permit or determination that previously has been issued.