(Ord. of 3-11-2004; Ord. of 4-8-2004; A0416-06; A0173-12)
(a) 
There shall be in the City of Everett a Code Enforcement Task Force (CETF).
(b) 
(Reserved)
(c) 
It shall be the responsibility of the Task Force to coordinate the enforcement of the City ordinances pursuant to this chapter in order to combat blight, reduce nuisances, discourage criminal activity and ensure a higher quality of life for the residents of the City.
(d) 
The Task Force shall consist of the following:
(1) 
Chairman – to be appointed to a coterminous term by His Honor the Mayor and who will serve as the supervisor of other appointed inspectors and staff,
(2) 
Chief of Police or his designee,
(3) 
Fire Chief or his designee
(4) 
City Clerk or his designee,
(5) 
City Solicitor or his designee,
(6) 
Building Inspector or his designee,
(7) 
Director of the Board of Health or his designee,
(8) 
Chairman of the Licensing Board or his designee,
(9) 
Director of City Services or his designee,
(10) 
President of the city council or his designee.
(e) 
In order to create the “Code Enforcement Ordinance”, the City Council hereby adopts the following codes and incorporates them in the “Code Enforcement Ordinance”:
(1) 
The Massachusetts Building Code, 780 CMR Code of Massachusetts, as amended;
(2) 
The Massachusetts State Sanitary Code, 105 CMR, Sections 400 and 410, as amended; and
(3) 
The Massachusetts Fire Prevention Code, 527 CMR, Section 10.
(f) 
Violations of the said “Code Enforcement Ordinance” will be enforced in accordance with the provisions of the Everett Non-Criminal Disposition Ordinance.
(g) 
Any person violating any provision of this chapter shall be deemed guilty of a violation shall be subject to a fine in accordance with Section 1-8 of these Revised Ordinances of the City of Everett.
[1]
Editor's note: 13A-1 sections (d)-(e)) moved from 13-17.
(A0416-06)
(a) 
This chapter shall be known as “Code Compliance”. The purpose of this section is to identify processes and methods to encourage compliance with the ordinances of the City of Everett and the Building and Safety Codes of the City and the Commonwealth of Massachusetts and other state laws to promote and protect the general public health, safety and environment of city residents. This chapter declares certain acts to be civil violations and establishes non-penal enforcement procedures and civil penalties. This chapter also declares certain acts to be misdemeanors.
(b) 
It is the intention of the City to pursue code compliance actively and vigorously in order to protect the health, safety and welfare of the general public. This City intention is to be pursued in a way that is consistent with adherence to, and respectful of, fundamental constitutional principles.
(c) 
While this chapter does authorize the City to take action to enforce City laws and regulations, it shall not be construed as placing responsibility for code compliance or enforcement upon the City in any particular case, or as creating any duty on the part of the City to any particular person or class of persons.
(A0416-06)
(a) 
It is the policy of the City to emphasize code compliance by education and prevention as a first step. This policy is designed to ensure code compliance and timely action that is available to all persons and uniform in its implementation. While warnings and voluntary compliance are desirable as a first step, enforcement and civil penalties should be used for remedial purposes as needed to assure and effect code compliance. Abatement or remediation should be pursued when appropriate and feasible. Uniform and efficient procedures, with consistent application tailored by regulation to each department’s mission, should be used to accomplish these goals.
(A0416-06)
The words and phrases designated in this chapter shall be defined for the purposes of this chapter as follows:
(a) 
“Abate” means to take whatever steps are deemed necessary by the director to return a property to the condition in which it existed before a civil code violation occurred or to assure that the property complies with applicable code requirements. Abatement may include, but is not limited to, rehabilitation, demolition, removal, replacement or repair.
(b) 
“Chairman” means, Chairman of the Code Enforcement Task Force.
(c) 
“Civil code violation” means and includes one or more of the following:
(1) 
Any act or omission contrary to any ordinance, resolution, regulation or public rule of the City that regulates or protects the public health or the use and development of land or water, whether or not the ordinance, resolution or regulation is codified; and
(2) 
Any act or omission contrary to the conditions of any permit, notice and order to correct or cease and desist order issued pursuant to any such an ordinance, resolution, regulation or public rule.
(d) 
“Director” means, depending on the code violated:
(1) 
The director of any City department authorized to enforce civil code compliance;
(2) 
Authorized representatives of a director, including but not limited to, the compliance officers and inspectors whose responsibility includes the detection and reporting of civil code violations; or
(3) 
Such other person as the City Council by ordinance authorizes to utilize this chapter.
(e) 
“Hearing examiner” means the City Solicitor or his designee
(f) 
“Mitigate” means to take measures, subject to City approval, to minimize the harmful effects of the violation where remediation is either impossible or unreasonably burdensome.
(g) 
“Permit” means any form of certificate, approval, registration, license or any other written permission issued by the City. All conditions of approval, and all easements and use limitations shown on the face of an approved final plot map which are intended to serve or protect the general public are deemed conditions applicable to all subsequent plat property owners and their tenants and agents as permit requirements enforceable under this chapter.
(h) 
“Person” means any individual, association, partnership, corporation or legal entity, public or private, and the agents and assigns of the individual, association, partnership, corporation or legal entity.
(i) 
H. “Person responsible for code compliance” means either the person who caused the violation, if that can be determined, or the owner, lessor, tenant or other person entitled to control, use or occupy, or any combination of control, use or occupy, property where a civil code violation occurs, or both.
(j) 
“Remediate” means to restore a site to a condition that complies with sensitive area or other regulatory requirements as they existed when the violation occurred; or, for sites that have been degraded under prior ownerships, restore to a condition that does not pose a probable threat to the environment or to the public health, safety or welfare.
(k) 
“Ordinance” means any law enacted by ordinance by the City Council.
(l) 
“Public rule” means any rule properly promulgated to implement code provisions.
(A0416-06)
(a) 
All civil code violations are hereby determined to be detrimental to the public health, safety and environment and are hereby declared public nuisances. All conditions determined to be ordinance or code violations shall be subject to and enforced pursuant to the provisions of this chapter except where specifically excluded by law or regulation.
(b) 
Any person who willfully or knowingly causes, aids or abets an ordinance or code violation pursuant to this chapter by any act of commission or omission shall be punished by a fine pursuant to Section 1-8 of the Revised Ordinances of the City of Everett, unless otherwise stated.[1] Each day such violation continues shall be considered a separate offense. As an alternative, or in addition to any other judicial or administrative remedy provided in this section or by law or other regulation, a director may request that the City Solicitor consider filing a misdemeanor complaint against the persons responsible for code compliance when the director has documentation or evidence that the violation was willful and knowing.
[1]
Editors note: the phrase “unless otherwise stated” was added to provide for stated fines appearing elsewhere in Chapter.
(A0416-06)
(a) 
In order to discourage public nuisances and otherwise promote compliance with applicable code provisions, a director may, in response to field observations or reliable complaints, determine that violations have occurred or are occurring and may:
(1) 
Enter into voluntary compliance agreements with persons responsible for code compliance;
(2) 
Issue citations,
(3) 
Issue cease and desist orders authorized by
(4) 
Order abatement by means of a notice and order to correct, and if such abatement is not timely completed by the person responsible for code compliance, undertake the abatement and charge the reasonable costs of such work.
(5) 
Allow a person responsible for code compliance to perform community service in lieu of paying penalties as authorized by
(6) 
Suspend, revoke or modify any permit previously issued by a director or deny a permit application as authorized by when other efforts to achieve compliance have failed.
(b) 
Should violations occur involving multiple agencies, a lead agency shall be designated by the Chairman to coordinate the City’s response. Unless otherwise determined by the directors of the affected departments, the Code Enforcement Task Force staff shall serve as the lead agency.
(c) 
The procedures set forth in this section are not exclusive. These procedures shall not in any manner limit or restrict the City from remedying violations or abating violations in any other manner authorized by law. This ordinance shall not be construed to affect the authority of any City board in enforcement of their codes or regulations.
(d) 
In addition or as an alternative to utilizing the procedures set forth in this section, a director may seek legal or equitable relief to abate any conditions or enjoin any acts or practices that constitute a violation.
(e) 
In addition or as an alternative to utilizing the procedures set forth in this ordinance, a director may assess or recover penalties accruing under this section by legal action filed in Superior court by the City Solicitor on behalf of the City.
(f) 
The provisions of this section shall in no way adversely affect the rights of the owner, lessee or occupant of any property to recover all costs and expenses incurred and required by this section from any person causing such violation.
(g) 
The City may use liens, withholding issuance of permits or licenses or the services of a collection agency in order to collect any fines, penalties, fees or costs owing under this section.
(h) 
In administering the provisions for code enforcement, the director shall have the authority to waive any one or more such provisions so as to avoid substantial injustice by application thereof to the acts or omissions of a public or private entity or individual, or acts or omissions on public or private property including, for example, property belonging to public or private utilities, where no apparent benefit has accrued to such entity or individual from a violation and any necessary remediation is being promptly provided. For purposes of this clause, substantial injustice cannot be based on economic hardship.
(i) 
The provisions of this section detailing City department administration of code compliance procedures are intended only for the purpose of providing guidance to City employees and are not to be construed as creating a basis for appeal or a defense of any kind to an alleged violation.
(j) 
The provisions of this ordinance authorizing the enforcement of non-codified ordinances are intended to assure compliance with unclassified use permits, zone reclassifications and other similar permits or approvals which may have been granted by ordinances which have not been codified, and to enforce new regulatory ordinances which are not yet codified. Departments should be sensitive to the possibility that citizens may not be aware of these ordinances, and should give warnings prior to enforcing such ordinances, except in high-risk cases.