[HISTORY: Adopted by the Annual Town Meeting of the Town of Marblehead 5-3-2021 by Art. 33. Amendments noted where applicable.]
This chapter is adopted pursuant to the Old and Historic Marblehead Districts Act, Chapter 101 of the Massachusetts Acts of 1965 (the "Act") and, more particularly, pursuant to the purposes set forth in Sections 2 and 5(b) of the Act, and in furtherance of the authority set forth in Section 5(a) and 5(c) of the Act which establish, among other things, the duty of the Old and Historic Districts Commission (the "Commission") to pass upon the removal of any building within the districts so established as well as alterations to those buildings, structures and the exterior architectural features of those buildings and structures. This chapter is also adopted pursuant to the Home Rule Amendment, Art. 89, § 6, of the Amendments to the Massachusetts Constitution to prevent irreparable harm from the demolition of historical buildings and structures.
This chapter is enacted for the purpose of preserving and protecting Significant Buildings and Structures and to encourage owners of such buildings and structures to seek out persons who might be willing to purchase, preserve, rehabilitate or restore such buildings and structures rather than demolish them. To achieve these purposes, this chapter empowers the Commission to work with the Building Commissioner and advise the Building Commissioner with respect to the issuance of permits for the demolition of Significant Buildings and Structures and with respect to such buildings and structures suspected of being demolished by Neglect.
A. 
The term "Commission" as used in this chapter shall mean the Marblehead Old & Historic Districts Commission.
B. 
The term " Demolition by Neglect" as used in this chapter shall mean the process of ongoing damage to the fabric, viability and/or functionality of an occupied or unoccupied building, or structure, leading towards and/or causing its eventual demolition due to decay and/or structural failure and/or severe degradation over a period of time as a result of a general lack of maintenance, and/or failure to secure the building from pests or vandals, and/or failure to take reasonable measures to prevent the ingress of water, snow, ice and wind through the roof, walls, or apertures.
C. 
The term "Significant Building or Structure" as used in this chapter shall mean all buildings and structures, as defined in § 10-7B, including the exterior architectural features of those buildings and structures, which are subject to the jurisdiction of the Commission.
A. 
If the Commission has reason to believe, through visual inspection or other means, that a Significant Building or Structure may be undergoing Demolition by Neglect, then the Commission shall notify the Building Commissioner and the owner, and the Commission and the Building Commissioner shall jointly hold a public hearing to i) confirm whether or not the building or structure is a Significant Building or Structure and ii) determine whether or not it is undergoing Demolition by Neglect, which shall require the concurrence of the Building Commissioner. In furtherance of determining its condition, the Commission may, at any time, request an inspection of the building or structure by the Building Commissioner.
B. 
Notice of the Public Hearing shall be published in a newspaper of general circulation at least two times at least 14 days in advance of said hearing. Notice of the public hearing shall be provided to the property owner by certified mail at least 14 days prior to said public hearing.
A. 
No Significant Building or Structure shall be demolished by Neglect. Notwithstanding, nothing herein is intended to or shall alter the Commission's authority under Chapter 110.
B. 
If the Commission and the Building Commissioner both determine that the Significant Building or Structure is undergoing Demolition by Neglect, the Commission and the Building Commissioner shall attempt to negotiate a voluntary agreement with the owner for appropriate and timely repairs sufficient to structurally stabilize the building or structure and/or prevent further deterioration.
C. 
In the event that the Commission and the Building Commissioner both determine that they are not able to negotiate such an agreement with the owner, for any reason, or that the owner has agreed to undertake but has failed to satisfactorily complete such repairs in a timely manner, then the Commission shall state in writing the findings of fact in support of such determination of violation of this chapter and shall issue and cause to be served upon the owner and/or other parties in interest therein an order to correct within a time to be specified in the written decision. The Commission's determination may be appealed to the Board of Selectmen by a written application filed by an aggrieved party within 10 business days following receipt of the Commission's order. A hearing on the appeal shall be held within 60 days of the written application. If no appeal is filed, or, if an appeal is filed, upon a finding that the Significant Building or Structure is undergoing Demolition by Neglect, the Commission and the Building Commissioner may take such action as is permitted under the following section, including seeking a court order that specific repairs be undertaken to secure the Significant Building or Structure against the elements, vandals and vermin, to halt further deterioration, and to stabilize it structurally.
Upon completion of all repairs that have been agreed upon between the owner and the Commission and the Building Commissioner or that have been ordered by the Commission and the Building Commissioner, or that have been ordered by the court, and upon certification by the Building Commissioner that said repairs have been completed, the Commission shall certify that the Significant Building or Structure is no longer undergoing Demolition by Neglect.
Subject to §§ 111-4 and 111-5, the Commission and the Building Commissioner are each authorized to issue written orders and to institute any and all proceedings available in law or equity as they deem necessary and appropriate to obtain compliance with the requirements of this chapter, or to prevent a violation thereof.
Notwithstanding any other provision of this chapter, nothing herein shall be construed to prevent the demolition of any structure or portion thereof which the Building Commissioner certifies is required by the public safety because of an unsafe or dangerous condition; and nothing herein is intended to alter, amend or regulate any matters governed by State Code.
The Commission shall have the authority, following a duly noticed public hearing, to adopt regulations pursuant to the provisions hereof to further the purposes hereunder.
If any section, paragraph or part of this chapter be for any reason declared invalid or unconstitutional by any court, every other section, paragraph and part shall continue in full force and effect.