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.
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.