[HISTORY: Adopted by the Town of Webster 6-25-2018 STM by Art. 5. Amendments noted where applicable.]
It is the purpose and intent of this bylaw to prevent future
nuisances in the Town of Webster, which nuisances constitute a hazard
of blight, or adversely affect property values. Nuisances, such as
dilapidated buildings, overgrowth, debris, trash, stagnant pools of
water, property having defective weather protection and vacant or
abandoned buildings, cause and contribute to blight within neighborhoods
and commercial areas of the Town and adversely affect the property
values for adjacent and surrounding property. Such nuisances on property
also impair public health and safety. This bylaw is intended to further
the objectives of and to act in concert with any existing federal,
state or local laws. Any person who allows a nuisance as defined and
regulated by this bylaw to exist on his or its property shall be in
violation of this bylaw.
All property in the Town of Webster shall be maintained in the
accordance with the following property standards:
A.Â
General. All property, whether occupied or vacant, shall be maintained
in good repair and a safe and sanitary condition as provided herein,
so as to not cause or contribute to the creation of a hazardous or
blighted area or to affect adversely the public health and safety
or property value of adjacent or surrounding property.
B.Â
Overgrowth. All property shall be maintained free of vegetation over
12 inches high that is or may reasonably become infested with rodents,
vermin, or other animals, conceal pools of stagnant water, or create
a fire safety hazard. All property shall be kept free of overgrown,
decayed, dead, or hazardous trees, shrubs, or any other vegetation
that poses a hazard to the health and safety of any person in the
vicinity of the property, including any persons traveling on any portion
of any public way, or any surrounding property.
C.Â
Structures. All structures, including any buildings, fences, storage
sheds, or any element thereof shall be maintained in a structurally
sound condition and in good repair, including proper weather protection
and waterproofing, and shall be maintained in a condition so as to
not cause or contribute to the creation of a fire safety hazard. All
property shall be maintained free of extensive peeling, flaking, or
chipped paint. All property with siding shall be maintained in a weather
resistant and watertight condition.
D.Â
Accumulation of trash, rubbish or debris. All property shall be maintained
in a clean and sanitary manner and free from the accumulation of litter,
rubbish, trash or other debris, except in closed receptacles intended
for such use.
E.Â
Pools of stagnant water. All property shall be maintained to prohibit
the formation of stagnant pools of water, which may affect adversely
the public health by attracting and harboring mosquitoes and other
insects.
It shall be unlawful for the owner of any property in the Town to violate any one or number of the property standards contained in § 580-2; any such property in violation shall be deemed to be a public nuisance. The Health Agent, the Building Inspector or the Fire Chief shall declare the property a public health nuisance and order the property owner to remove the nuisance within 10 days after service of written notice of the violation. Such notice shall be served in accordance with MGL c. 111, § 124. The notice shall contain the following information:
A.Â
The street address and description of the property sufficient for
identification of the property.
B.Â
A statement that the property has been declared a public nuisance
because of the presence of a nuisance on the property.
C.Â
A concise description of the conditions on the property that have
led to the determination that the property is a public nuisance.
D.Â
A statement that the nuisance shall be removed from the property
within 10 days from service of the notice and that if the owner fails
to remove the nuisance within the time frame specified that the owner
will be in violation of this bylaw and subject to the penalties described
therein.
A.Â
If the owner fails to remove such nuisance within the time frame provided in § 580-3, the Town may enter the property and remove or caused to be removed the nuisance and the owner shall reimburse the Town for the expense incurred for such removal. The sum so expended may be recovered by the Town as provided in MGL c. 111, § 125 or in an action of contract by the Town against the owner.
B.Â
This bylaw shall be enforced by the Health Agent, the Building Inspector,
the Fire Chief and their assigns.
C.Â
Violations of this bylaw may also be enforced by civil process, criminal
process or by noncriminal disposition as provided in MGL, c. 40, § 21D.
Each day during which a violation exists shall be deemed to be a separate
offense and any person in violation after notice of this section shall
be subject to the following fines:
D.Â
In addition to the penalties set forth above, the Health Agent, Building
Inspector or the Fire Chief may seek an injunction from a court of
competent jurisdiction to restrain any violation of this section.
E.Â
This section shall not be enforced against the Town or the Commonwealth
of Massachusetts, its authorities, departments, or agencies.
The following words and phrases, when used in this section,
shall have the following meanings:
A failure to satisfy any one or more of the property standards set forth in § 580-2 above.
Any person who owns, possesses, manages, or controls any
property and shall be sufficiently identified by the name and address
appearing in the records of the Town Assessor and/or Worcester County
Registry of Deeds.
Any individual, voluntary association of individuals, business
entity, or organization whether incorporated or not.
Any land, building, structure of real property, including
any fixtures attached hereto, or any personal property located within
the Town.
