(A0416-06)
The following guidelines should be applied by the departments, subject to departmental resource limitations, when responding to code compliance complaints. The timelines identified below may be modified by departmental rule, subject to council review and approval.
(a) 
High risk investigations needing an urgent response (within twenty-four hours to one week) include any cases in which:
(1) 
There is an imminent likelihood of or actual bodily harm, damage to public resources or facilities, damage to real or personal property, public health exposure, or environmental damage or contamination; or
(2) 
The sites and/or persons responsible for code compliance have a history of prior high or moderate risk violations.
(b) 
Moderate risk investigations needing a prompt response (within seventy-two hours to ten days) include cases where:
(1) 
There is risk of bodily harm, damage to public resources and/or facilities, damage to real or personal property, or environmental damage or contamination; or
(2) 
The subject sites and/or persons responsible for code compliance have a history of prior low risk violations; or
(3) 
There are ongoing moderate or low risk violations; or
(4) 
More than five wrecked, dismantled or inoperative vehicles are found.
(c) 
Low risk investigations needing response as time permits (within two to four weeks of violation being identified by code compliance staff) include cases where:
(1) 
The violation is non-emergent, does not fit within the high risk or moderate risk categories and has only minor public impacts; and
(2) 
The violation is an isolated incident.
(d) 
The response times set out in this section are not jurisdictional, and failure to meet them in any particular case shall not affect the City’s authority to enforce City code provisions with regard to that case.
(A0416-06)
This section sets forth guidelines for more specific procedures to be used by each department in implementing this ordinance. The guidelines set forth in this section are not jurisdictional, and failure to meet them in any particular case shall not affect the City’s authority to enforce City code provisions with regard to that case.
(a) 
Field verification.
Except in emergencies and for low risk case complaints, field verification should be made if possible prior to, concurrent with or shortly after notifying the owner, occupant, and/or other person responsible for code compliance of the potential or alleged violation. Low risk case complaints should be acknowledged by sending an informal letter to the person(s) responsible for code compliance. The letter should state that a violation may have occurred, but has not been verified, and should ask the recipient to contact the department issuing the letter.
(b) 
Advising interested parties of receipt of complaint and/or field investigation.
(1) 
The owner, occupant and person responsible for code compliance (if not an owner or occupant) should be advised of any complaint by personal contact, phone, posting and/or mail.
(2) 
The complainant should be contacted by phone and, if possible, in person during the field visit.
(c) 
All departments with compliance requirement authority should record land-based violations in the database system, which should be accessible to all other departments.
(d) 
To the extent possible, the department shall check its own records and the records of other agencies for previous violations on the site of the alleged violation or by the owner or occupant of the site or such other person as may be responsible for code compliance.
(e) 
Staff undertaking the field investigations shall comply with the provisions of this section regarding right of entry.
(A0416-06)
(a) 
The department shall determine, based on information derived from sources such as field observations, the statements of witnesses, relevant documents and data systems for tracking the violations and applicable City codes, whether or not a violation has occurred. As soon as a department has reasonable cause to determine that a violation has occurred, it shall document the violation and promptly notify the owner, occupant or other person responsible for code compliance.
(b) 
Except as provided in subsection (d) of this section, a warning shall be issued verbally or in writing promptly when a field inspection reveals a violation, or as soon as the department otherwise determines that a violation has occurred. The warning shall inform the person determined to be responsible for code compliance of the violation and allow the person an opportunity to correct it or enter into a voluntary compliance agreement as provided for by this section. Verbal warnings shall be logged and followed up with a written warning within two weeks, and the site shall be re-inspected within thirty days.
(c) 
The guidelines in this section for warnings, notifications and re-inspections are not jurisdictional, and failure to meet them in any particular case shall not affect the City’s authority to enforce City code provisions with regard to that case.
(d) 
No warning need be issued in high-risk cases, emergencies, repeat violation cases, cases that are already subject to a voluntary compliance agreement, cases in which the violation creates a situation or condition that is not likely to be corrected within a short period of time, cases in which a cease and desist order is necessary, or if the person responsible for code compliance knows or reasonably should have known that the action was a code violation.
(e) 
Citations may be issued in moderate-and low-risk cases, if the department determines it is probable that violation can likely be fully corrected in a short period of time.
(f) 
Notice and orders to correct should be issued in all high-risk cases in which a voluntary compliance agreement has not been entered into. Notice and orders to correct may be issued in moderate-and low-risk cases where the department determines that the violation is unlikely to be fully corrected in a short period of time.
(g) 
The department shall use all reasonable means to determine and cite the person or persons actually responsible for the violation occurring when the owner has not directly or indirectly caused the violation.
(h) 
If the violation is not corrected or a voluntary compliance agreement is not achieved within a reasonable time period, a citation, notice and order to correct or cease and desist order should be issued. As a guideline, citations should be issued within thirty days from receipt of a complaint, and notice and orders to correct should be issued within 7 days from receipt of a complaint. Cease and desist orders should be issued promptly upon discovery of a violation in progress.
(i) 
Any complainant who provides a mailing address and requests to be kept advised of enforcement efforts should be mailed a copy of all written warnings, voluntary compliance agreements, citations, notice and order to corrects, cease and desist orders and notices of settlement conferences issued by a department with regard to the alleged violation. Any complainant who is an aggrieved person may appeal a citation, notice and order to correct, cease and desist order, a determination to enter into a voluntary compliance agreement or a determination not to issue a citation or order pursuant to the provisions of this chapter.
(A0416-06)
(a) 
Service of a citation or notice and order to correct shall be made on a person responsible for code compliance by one or more of the following methods:
(1) 
Personal service of a citation or notice and order to correct may be made on the person identified by the department as being responsible for code compliance, or by leaving a copy of the citation or notice and order to correct at that person’s house of usual abode with a person of suitable age and discretion who resides there.
(2) 
Service directed to the landowner and/or occupant of the property may be made by posting the citation or notice and order to correct in a conspicuous place on the property where the violation occurred and concurrently mailing notice as provided for below, if a mailing address is available.
(3) 
Service by mail may be made for a citation or a notice and order to correct by mailing two copies, postage prepaid, one by ordinary first class mail and the other by certified mail, to the person responsible for code compliance at his last known address, at the address of the violation, or at the address of the place of business of the person responsible for code compliance. The taxpayer’s address as shown on the tax records of the City shall be deemed to be the proper address for the purpose of mailing such notice to the landowner of the property where the violation occurred. Service by mail shall be presumed effective upon the third business day following the day upon which the citation or notice and order to correct was placed in the mail.
(b) 
For notice and orders to correct only, when the address of the person responsible for code compliance cannot reasonably be determined, service may be made by publication once in a local newspaper with general circulation.
(c) 
Service of a cease and desist order on a person responsible for code compliance may be made by posting the cease and desist order in a conspicuous place on the property where the violation occurred or by serving the cease and desist order in any other manner permitted by this chapter.
(d) 
The failure of the director to make or attempt service on any person named in the citation, notice and order to correct or cease and desist order shall not invalidate any proceedings as to any other person duly served.
(A0416-06)
(a) 
Whenever the applicable department determines that a code violation has occurred or is occurring, the department shall make reasonable efforts to secure voluntary compliance from the person responsible for code compliance. Upon contacting the person responsible for code compliance, the department may enter into a voluntary compliance agreement as provided for in this section.
(b) 
A voluntary compliance agreement may be entered into at any time after issuance of a verbal or written warning, a citation, a notice and order to correct or a cease and desist order and before an appeal is decided pursuant to this section.
(c) 
The voluntary compliance agreement is a commitment by the person responsible for code compliance under which the person agrees to do any combination of abating the violation, remediating the site or mitigating the impacts of the violation. The voluntary compliance agreement shall include the following:
(1) 
The name and address of the person responsible for code compliance;
(2) 
The address or other identification of the location of the violation;
(3) 
A description of the violation and a reference to the provision or provisions of the ordinance, resolution or regulation that has been violated;
(4) 
A description of the necessary corrective action to be taken and identification of the date or time by which compliance must be completed. For the purpose of this subsection (c)(4), the department may either require that compliance be achieved by a specific date or that compliance be achieved by a date to be determined based on the occurrence of some future event;
(5) 
The amount of the civil penalty that will be imposed pursuant to Section 1-8 of the Revised Ordinance of the City of Everett if the voluntary compliance agreement is not satisfied; unless superceded by state or federal law;
(6) 
An acknowledgment that the voluntary compliance agreement will be recorded against the property in the office of the Assessor, the recording to be accomplished as provided for in notice and order to correct cases;
(7) 
An acknowledgment that if the department determines that the terms of the voluntary compliance agreement are not met, the City may, without issuing a citation, notice and order to correct or cease and desist order, impose any remedy authorized by this section, which includes the assessment of the civil penalties identified in the voluntary compliance agreement, abatement of the violation, assessment of the costs incurred by the City to pursue code compliance and to abate the violation, including legal and incidental expenses, and the suspension, revocation or limitation of a development permit;
(8) 
An acknowledgment that if any assessed penalty, fee or cost is not paid, a director may charge the unpaid amount as a lien against the property where the civil code violation occurred if owned by the person responsible for code compliance, and that the unpaid amount may be a joint and several personal obligation of all persons responsible for code compliance;
(9) 
An acknowledgment that by entering into the voluntary compliance agreement the person responsible for code compliance waives the right to administratively appeal, and thereby admits, that the conditions described in the voluntary compliance agreement existed and constituted a civil code violation; and that if the department determines the terms of the voluntary compliance agreement are not met, the person is subject to and liable for any remedy authorized by this section, which includes the assessment of the civil penalties identified in the voluntary compliance agreement, abatement of the violation, assessment of the costs incurred by the City to pursue code compliance and to abate the violation, including legal and incidental expenses, and the suspension, revocation or limitation of a development permit; and
(10) 
An acknowledgment that the person responsible for code compliance understands that he or she has the right to be served with a citation, notice and order to correct or cease and desist order for any violation identified in the voluntary compliance agreement, has the right to administratively appeal any such a citation, notice and order to correct or cease and desist order, and that he or she is knowingly, voluntarily and intelligently waiving those rights.
(d) 
Upon entering into a voluntary compliance agreement, a person responsible for code compliance waives the right to administratively appeal, and thereby admits, that the conditions described in the voluntary compliance agreement existed and constituted a civil code violation; and agrees that if the department determines the terms of the voluntary compliance agreement are not met, he or she is liable for the civil penalty identified in the voluntary compliance agreement, is liable for the costs incurred by the City to pursue code compliance and to abate the violation, including legal and incidental expenses and is subject to all other remedies provided for in this section.
(e) 
An extension of the time limit for compliance or a modification of the required corrective action may be granted by the department if the person responsible for code compliance has shown due diligence or substantial progress in correcting the violation, but circumstances render full and timely compliance under the original conditions unattainable.
(f) 
The voluntary compliance agreement is not a settlement agreement.
(A0416-06)
If the terms of the voluntary compliance agreement are not completely met, the department may abate the violation in accordance with this section, and the person responsible for code compliance may, without being issued a citation, notice and order to correct or cease and desist order, be assessed a civil fine or penalty, in accordance with the penalty provisions of this chapter, plus all costs incurred by the City to pursue code compliance and to abate the violation, including legal and incidental expenses as provided for in this section, and may be subject to other remedies authorized by this section. Penalties imposed when a voluntary compliance agreement is not met accrue from the date that the terms of the voluntary compliance agreement were violated.
(A0416-06)
It is the intention of the council that any entry made to private property for the purpose of inspection for code violations be accomplished in strict conformity with constitutional and statutory constraints on entry, and the holdings of relevant court cases regarding entry. The right-of-entry granted by this section shall not supersede those legal constraints. The director is authorized to enter upon any property for the purpose of administering this ordinance provided that the director shall make entry only if such entry is consistent with the constitutions and laws of the United States and the Commonwealth of Massachusetts. If so required by the constitutions and laws of the United States or the Commonwealth of Massachusetts, the director shall apply to a court of competent jurisdiction for a search warrant authorizing access to such property for such purpose. The court may upon such application issue the search warrant for the purpose requested.
(A0416-06)
(a) 
In order to ensure strict conformity with the constraints on entry imposed by state and federal law and to assure that City employees deal with the public in a manner which respects the rights of private property owners, the Task Force, as needed, shall develop and adopt internal procedures, protocols and training programs governing the conduct of searches by code compliance officers which shall be issued within two months of the adoption of this ordinance.
(b) 
The Task Force shall adopt procedures to implement the provisions of this ordinance, and specifically the guidelines set out in this chapter describing reasonable and appropriate protocols for investigating code violations.
(A0416-06)
(a) 
It shall be the responsibility of any person identified as responsible for code compliance to bring the property into a safe and reasonable condition to achieve code compliance. Payment of fines, applications for permits, acknowledgment of stop-work orders and compliance with other remedies does not substitute for performing the corrective work required and having the property brought into compliance to the extent reasonably possible under the circumstances.
(b) 
Persons determined to be responsible for code compliance pursuant to a citation or notice and order to correct shall be liable for the payment of any civil fines, penalties and abatement costs, provided, however, that if a property owner affirmatively demonstrates that the action which resulted in the violation was taken without the owner’s knowledge or consent by someone other than the owner or someone acting on the owner’s behalf, that owner shall be responsible only for bringing the property into compliance to the extent reasonably feasible under the circumstances. Should the owner not correct the violation, only those abatement costs necessary to bring the property into a safe and reasonable condition, as determined by the director, shall be assessed by the City. No civil fines or penalties shall be assessed against such an owner or his property interest.