(A0416-06)
(a)
Purpose.
The purpose of this chapter is to establish procedures for the abatement and removal as public nuisances of abandoned, wrecked, dismantled or inoperative vehicles.
(A0416-06)
(a)
No person may park, store or abandon a wrecked, dismantled or inoperative vehicle, or part thereof, on private property or public property in violation of Section 18-10 of the City Ordinances, except where the following conditions apply:
(1)
A vehicle or vehicle part is completely enclosed within a building on private property in a lawful manner where it is not visible from the street or from other public or private property; or
(2)
A vehicle is stored or parked in a lawful manner on private property in connection with the business of a licensed dismantler or licensed vehicle dealer and is fenced as required by state law.
(A0416-06)
(a)
Whenever a vehicle has been determined to be a wrecked, dismantled or inoperative vehicle or as an abandoned vehicle, the last registered vehicle owner of record and the land owner of record where the vehicle is located shall each be given notice by certified mail that a public hearing may be requested before the hearing examiner. If no hearing is requested within ten days from the certified date of receipt of the notice, the vehicle shall be removed by the City.
(b)
If a request for hearing is received within ten days, a notice giving the time, location and date of the hearing on the question of abatement and removal of the vehicle or vehicles shall be mailed by certified or registered mail, with five-day return receipt requested, to the land owner as shown on the last equalized assessment roll and to the last registered and legal owner of record of each vehicle unless the vehicle identification numbers are not available to determine ownership.
[1]
Editors Note: See 18-170 for applicability
(A0416-06)
(a)
The owner of the land on which the vehicle is located may appear in person at the hearing or present a written sworn statement in time for consideration at the hearing. The owner may deny responsibility for the presence of the vehicle on the land stating the reason for such denial. If it is determined by the hearing officer that the vehicle was placed on the land without consent of the land owner and that the land owner has not subsequently acquiesced in its presence, then costs of administration or removal of the vehicle shall not be assessed against the property upon which the vehicle is located nor otherwise be collected from the land owner.
(b)
Nothing in this chapter shall relieve the landowner of any civil penalties which may accrue from any zoning code violation related to the improper placement, parking or storage of vehicles or parts thereof to which the landowner has consented or acquiesced.
(c)
In addition to determination of responsibility as provided for in paragraph (a), the hearing examiner shall receive and examine evidence on other relevant matters, including whether a public nuisance as defined in this chapter exists. The decision of the hearing examiner shall be final. Any further approval shall be as prescribed in this ordinance.
(A0416-06)
The City may remove any abandoned, wrecked, dismantled or inoperative vehicle, automobile hulk or part thereof, after complying with the notice requirements of this chapter. The proceeds of any such a disposition shall be used to defray the costs of abatement and removal of any such a vehicle, including costs of administration and enforcement.
(A0416-06)
(a)
The costs of abatement and removal of any such vehicle or remnant part, including costs of administration and enforcement, shall be collected from the last registered vehicle owner if the identity of such owner can be determined, unless such owner in the transfer of ownership thereof has complied with State Law. If the vehicle owner cannot be established, the costs of abatement and enforcement shall be collected from the land owner on which the vehicle or remnant part is located, unless the landowner has shown in a hearing that the vehicle or remnant part was placed on such property without the landowner’s consent or acquiescence.
(b)
Costs of administration for the removal and disposal of vehicles or remnant parts may be recovered according to the lien and personal obligation provisions of this chapter.
(A0416-06)
The City shall maintain a photographic record of all abated vehicles for a period of two years following adoption of this ordinance. At the conclusion of the two-year period, a written report along with copies of the photographs shall be transmitted to the council on the implementation of this ordinance.
(Ord. of 10-11-77, § 5(8))
No owner shall fail to exercise proper care and control of an animal to prevent it from becoming a public nuisance. Excessive or untimely barking, molesting passersby, chasing vehicles, habitually attacking people or other domestic animals, trespassing upon school grounds, trespassing upon private property in such manner as to damage property, or violating the provision of this Chapter or Chapter 3 of the revised Ordinances of the City of Everett shall be deemed a nuisance.
(A606-06)
(a)
It is unlawful to paint, print, post, paste, attach or in any way affix a bill, poster, dodger, card or other advertising matter upon any tree, post, hydrant, curb, sidewalk or other public improvement on any public ground or street, or upon any bridge or part of the same, or upon any public building, structure of any kind belonging to the city, or upon any mast or pole in a street, avenue or alley erected or used for supporting or carrying any wire or cable or incidental thereto, or upon any lamppost in the city.
(b)
It is unlawful to post, paste, attach or in any way affix a bill, poster, dodger, card or other advertising matter upon any private building, structure of any kind without the permission of the owner and in such as manner as to increase the possibility that said article will become litter.
(c)
The posting of any material in violation to this ordinance shall be considered a public nuisance.
(d)
Each occurrence of the aforementioned shall be deemed a separate violation.
(A0607-06)
(a)
In all civil and criminal prosecutions brought for the enforcement of this Ordinance’s provisions with respect to the illegal use of any building for residential purposes or the illegal residential occupancy of any dwelling or dwelling unit by more families than the number of families permitted for such dwelling or dwelling unit under this Ordinance, the following rebuttable presumptions shall apply:
(1)
That any detached dwelling or dwelling unit which maintains more than one mailbox or mail receptacle, more than one gas meter, more than one electric meter, and/or more than one water meter is being used as the residence of two or more families.
(2)
That any detached dwelling or dwelling unit which maintains more than two mailboxes or mail receptacles, more than two gas meters, more than two electric meters and/or more than two water meters is being used as the residence of three or more families.
(3)
That any detached dwelling or dwelling unit which maintains any entrance or entrances thereto, which entrance or entrances have not been set forth on any plans approved by and on file with the Building Department, is being used as the residence of two or more families.
(4)
That any detached dwelling or dwelling unit which maintains any third or additional entrances thereto, which entrance or entrances have not been set forth on any plans approved by and on file with the Building Department, is being used as the residence of three or more families.
(5)
That any building which has been advertised in any newspapers, magazines, or advertising publications as being available for sale or rent for residential purposes, in whole or in part, which advertisement expressly or implicitly provides that such building or the dwellings or dwelling units therein contain rooms for rent, contain more than one separate dwelling living unit, or may be occupied by more than one separate family, is being used as a dwelling containing the number of rooms for rent, dwelling units, or families stated or implied in such advertisement.
(6)
That any dwelling or dwelling unit which maintains two or more doorbells is being used as a dwelling for the same number of families as there are doorbells.
(7)
There shall be a rebuttable presumption that any room, which shall have a door-locking device commonly called a “Yale lock” or similar device including a padlock added in or on the door, is intended as a “rooming unit” and the burden of disproving the same rests with the owner, operator or occupant.
(8)
That any single-family dwelling or dwelling unit at which there are the following is being used for two or more families:
a.
Permanent partitions or internal doors which have not been set forth on any plans approved by and on file with the Building Department, which may serve to bar access between segregated portions of the dwelling, including but not limited to bedrooms, or the inability of any occupant or person in possession thereof to have unimpeded and/or lawful access to all parts of the dwelling unit; and/or
b.
Two or more kitchens which have not been set forth on any plans approved by and on file with the Building Department, each containing one or more of the following: a range, oven, microwave, or other similar device customarily used for cooking or preparation of foods; and/or
(9)
That any two-family dwelling unit at which there are the following is being used for three or more families:
a.
Permanent partitions or internal doors which have not been set forth on any plans approved by and on file with the Building Department, which may serve to bar access between three or more segregated portions of the dwelling, including but not limited to bedrooms; and/or
b.
Three or more kitchens which have not been set forth on any plans approved by and on file with the Building Department, each containing one or more of the following: a range, oven, microwave, or other similar device customarily used for cooking or preparation of foods.
(b)
The rebuttal of the aforesaid presumptions shall be an affirmative defense by the defendant that, notwithstanding the existence of such conditions, once such conditions have proven to the court or City, the subject building is not being used as a dwelling or the subject dwelling is not being used for more families than permitted under this Ordinance or the Revised Ordinances of the City of Everett or the Laws of the Commonwealth of Massachusetts.
(c)
A person charged with a violation of this Ordinance as described herein may demand an inspection by the Building Department of the subject building or dwelling to rebut such presumption. Such demand shall be in writing addressed to the Building Department. The Building Department inspector shall prepare a report of the findings of the inspection together with photographs, if appropriate.
(d)
Cellars/Basements. Cellars shall be used only for incidental storage for the dwelling units above. Use of cellars for sleeping purposes or as a dwelling unit, rooming unit or independent rooming unit is prohibited. Partitions, walls and/or showers and/or bathtubs and/or kitchens, except kitchens used in conjunction with the dwelling unit above, are prohibited in cellars.
(1)
Use of a cellar for purposes other than incidental storage may be permitted, provided that all permits and all other applicable municipal approvals are obtained prior to such use.
(e)
Any residential attic used for other than incidental storage must meet the following criteria:
(1)
Under no circumstances shall the attic be offered as a separate dwelling unit, rooming unit or independent rooming unit.
(2)
The attic must be an integral part of the dwelling unit below and shall not be leased to any party. Attic occupant(s) shall have full use of the floor below.
(3)
Access to the attic shall be through the dwelling unit immediately below the attic. If fire exits are required, only egress shall be allowed. Entrance to the attic through fire exits shall be prohibited, and proper door hardware shall be installed to prevent entry.
(4)
The attic shall be limited to having only a stall shower, toilet and vanity.
(5)
There shall be no kitchen or food cooking/preparing facilities (hotplates, refrigerator, food cabinets or sink) permitted in the attic.
(6)
One door leading to the stairwell between the attic and the unit immediately below will be allowed. The door will be at the lower level of the stairwell and will have no locks on the door. The door will be a thirty-minute-fire-resistant-rated door.
(7)
Egress windows must be installed in every attic bedroom prior to occupancy.
(8)
Fire stopping must be installed throughout the attic at the floor level in all walls which communicate with a lower floor or level; must obtain certificate of occupancy for attic part and parcel.
(9)
Preexisting thirty-six-inch width stairways may remain. Any existing stairway less than thirty-six-inch width shall be enlarged to 44 inches in width and no variations of the State Building Code.
(10)
All walls and ceilings in an attic unit must have a minimum one-hour fire rating.
(11)
All floors of the building, including any basements, subbasements, cellars, etc., shall have interconnected, hardwired smoke detectors with battery backup. Plans for placement of detectors must be approved by the Fire Department prior to occupancy of the attic dwelling unit.
(12)
An exterior flashing strobe light connected to the smoke detector system shall be installed on the street address side of the building at the peak of the roofline in such a manner as to be visible from the curbline of the building to indicate attic occupancy.
(13)
Only family members of the dwelling unit immediately below the attic shall be permitted to occupy the attic. Family members shall include parents, children, grandparents, brothers, sisters, aunts, uncles, nieces and nephews.
(14)
The number of occupants permitted in the attic area shall be based on the number of square feet of living space in the attic. This is to avoid overcrowding conditions. Ceiling height must be seven feet for at least 70 square feet of the room or space. Not to be counted is any portion of the room less than five feet in height.
(15)
The attic dwelling unit must be inspected and approved by all applicable city agencies before occupancy and may be subject to annual inspections.
(16)
Existing legal attic dwelling units are exempt from compliance with this section except for the requirements under Subsections 11 and 12 above. Existing attic units will have a period of 90 days after the adoption of this section to come into compliance with Subsections 11 and 12. All existing requirements for the occupancy shall be adhered to. Should renovations of the building exceed 25% of the value of the building or should the attic be damaged due to a fire, that unit must be brought into compliance with this revised section before being reoccupied.
(17)
In addition to the above requirements, the following codes and regulations pertaining to attic use shall be enforced, along with all applicable codes enforced by the City of Everett.
a.
Plans are to be submitted for existing rooms; building officials are to determine if they need to be signed and sealed by an architect.
b.
Signed and sealed plans are required for the construction of any room.
d.
Observance of the regulations presently in effect is mandatory.
e.
Useable floor area of the attic shall not exceed 1/3 of the floor area below.
f.
Each room shall have adequate outlets.
g.
Each bathroom outlet must be a ground fault interrupter (GFI) outlet.
h.
Rooms used for sleeping must have an operable window with the minimum clear opening of 5.7 square feet.
i.
Necessary permits are to be obtained before any work begins.
j.
Rooms are not to be occupied until a certificate of occupancy is issued.
k.
The entrance to the attic must be through the second floor apartment.
l.
Smoke detectors shall be installed within each bedroom, and a second hardwired battery backup interconnected smoke detector shall be installed in the immediate vicinity of the bedrooms, including the floor below. In addition to the above, smoke detectors are to be installed at every floor level, hardwired battery backup.
m.
No portable heating appliances shall be used in the attic.
n.
Privacy locks only will be permitted on bedroom doors.
(f)
Penalties for offenses.
(1)
Notwithstanding any provision of this Ordinance inconsistent herewith, for each code violation involving an illegal residential occupancy or an illegal over-occupancy of a dwelling or dwelling unit, the owner and any person who is in charge of the subject building, dwelling, or dwelling unit at the time of the violation shall be liable to a fine of not more than $300.
(2)
Each day that a violation continues to exist shall constitute a separate and distinct violation. Each occupancy exceeding the allowed occupancy under the Zoning Ordinances of the City of Everett or MGL 140 s.22.
(Ord of 09-30-2004)
(a)
Purpose.
The purpose of this Ordinance is to help prevent the spread of graffiti vandalism and to establish a program for the removal of graffiti from public and private property.
The City of Everett considers graffiti a public nuisance and destructive of the rights and values of property owners as well as the entire community. Unless graffiti is removed from public and private property, the graffiti tends to remain. Other properties then become the target of graffiti, and entire neighborhoods are affected and become less desirable places in which to be, all to the detriment of the City.
(b)
Graffiti as Nuisance.
(1)
The existence of graffiti on public or private property in violation of the Ordinance is expressly declared to be a public nuisance and, therefore, is subject to removal and abatement provisions specified in this Ordinance.
(2)
It is the duty of both the owner of the property to which the graffiti has been applied and any person who may be in possession or who has the right to possess such property to at all time keep the property clear of graffiti.
(c)
Definitions.
(1)
Graffiti means any unauthorized inscription, word, figure, painting or other defacement that is written, marked, etched, scratched, sprayed, drawn, painted, or engraved on or otherwise affixed to any surface of public or private property by a graffiti implement, to the extent that the graffiti was not authorized in advance by the owner of the property.
(2)
Graffiti Implement means an aerosol paint container, a broad-tipped marker, gum label, paint stick or graffiti stick, etching equipment, brush or any other device capable of scarring or leaving a visible mark on any natural or manmade surface.
(d)
Prohibited Acts.
(1)
Defacement.
It shall be unlawful for any person to apply graffiti to any natural or manmade surface on any city owned property or, without the permission of the owner, on any privately owned property.
(2)
Possession of Graffiti Implements.
It shall be unlawful for any person, with the intent to deface public property, to possess any graffiti implement while upon school property, any public facility, park, playground, swimming pool, recreational facility, or other public building or within fifty (50) feet of an underpass, bridge abutment, storm drain, or other similar types of infrastructure unless authorized by the City.
The provisions of this section shall not apply to the possession of broad tipped markers by a minor attending or traveling to or from school at which the minor is enrolled.
(3)
Furnishing to minors.
It shall be unlawful for any person, other than a parent or legal guardian, to sell, exchange, give, loan, or otherwise furnish, or cause or permit to be exchanged, given, loaned, or otherwise furnished, any aerosol paint container, or paint stick to any person under the age of eighteen (18) years without the expressed written consent of the parents or guardian of the person.
(e)
Removal of Graffiti.
(1)
Removal by the Perpetrator.
Any person applying graffiti on public or private property shall have the duty to remove the graffiti within twenty-four (24) hours after notice by the Code Enforcement Task Force of the City of Everett. Such removal shall be done in a manner prescribed by the Code Enforcement Task Force. Any person applying graffiti shall be responsible for the removal or for the payment of the removal. Where graffiti is applied by an un-emancipated minor, the parents or legal guardian shall also be responsible for such removal or payment for the removal.
(2)
Property Owner Responsibility.
If Graffiti is not removed by the perpetrator according to the previous paragraph, graffiti shall be removed pursuant to the following provisions:
a.
It is unlawful for any person who is the owner or who has primary responsibility for control of property or for repair or maintenance of property in the City, to permit property that is defaced with graffiti to remain defaced for a period of ten (10) days after service by first class mail of notice of the defacement. The notice shall contain the following information:
1.
The street address and legal description of the property sufficient for identification of the property.
2.
A statement that the property constitutes a potential graffiti nuisance property with a concise description leading to the finding.
3.
A statement that the graffiti must be removed within ten (10) days after receipt of the notice and that if the graffiti is not abated within that time the City, as prescribed by law, will declare the property to be a public nuisance.
4.
An information sheet identifying any graffiti assistance programs available through the City and private graffiti removal contractors.
(3)
Exceptions to Property Owner Responsibility.
The removal requirements above shall not apply if the property owner or responsible party can demonstrate that:
a.
The property owner or responsible party lacks the financial ability to remove the defacing graffiti; or
b.
The property owner or responsible party has an active program for the removal of the graffiti as part of that program, in which case it shall be unlawful to permit such property to remain defaced with graffiti for a period of fifteen (15) days after service by first class mail of notice of the defacement.
(4)
Right of City to Remove.
a.
Use of Public Funds.
Whenever the City becomes aware or is notified and determines that the graffiti is located on publicly or privately owner property viewable from a public or quasi-public place, the City shall be authorized to use public funds for the removal of the graffiti, but shall not authorize or undertake to provide for the painting or repair of any more extensive an area than that where the graffiti is located, unless the property owner or responsible party agrees to pay the costs of repainting or repairing.
b.
Right of Entry on Private Property.
Prior to entering upon private property owned by a public entity other than the City for the purpose of graffiti removal the City shall attempt to secure the consent of the property owner or responsible party and a release of the City from liability for property damage or personal injury. If the property owner or responsible party fails to remove the offending graffiti within the time specified by this Ordinance, or if the City has requested consent to remove or paint over the offending graffiti and the property owner or responsible party has refused consent for entry on terms acceptable to the City and consistent with the terms of this section, the property owner or responsible party shall be fined according to the provisions specified below.
(5)
Abatement and Cost Recovery Proceedings.
a.
Notice of Due Process Hearing.
The Chairman of the Code Enforcement Task Force, serving as the Hearing Officer, shall provide the property owner of record and the party responsible for the maintenance of the property, if a person different from the owner, not less than forty-eight (48) hours notice of the City’s intention to hold a due process hearing at which the property owner or responsible party shall be entitled to present evidence and argue that the property does not constitute a public nuisance. Notice shall be served in the same manner as a summons in a civil action. If the owner of record cannot be found after a diligent search, the notice may be served by posting a copy thereof in a conspicuous place upon the property for a period of ten (10) days and publication thereof in newspaper of general circulation published in the area in which the property is located.
b.
Determination of Hearing Officer.
The determination of the Hearing Officer after the due process hearing shall be final and not appealable. If, after the due process hearing, regardless of attendance of the owner or the responsible party or their respective agents, the Hearing Officer determines that the property contains graffiti viewable from public or quasi-public place, the Hearing Officer shall give written notice in an eradication order that, unless the graffiti is removed within ten (10) days, the City shall enter upon the property, cause the removal, painting over , or such other eradication thereof as the Hearing Officer determines appropriate, and shall provide the Owner and the responsible party thereafter with an accounting of the costs of the eradication effort on a full cost recovery basis.
c.
Eradication Effort.
Not sooner than the time specified in the order of the Hearing Officer, the Director of City Services, shall implement the eradication order and shall provide an accounting to the Hearing Officer.
d.
Cost Hearing.
The Owner or responsible party may request a cost hearing before the Hearing Officer on the eradication accounting, and appropriate due process must be extended to the Owner or responsible party. If following the cost hearing or, if no hearing is requested, after the implementation of the eradication order, the Hearing Officer determines that all or a portion of the costs are appropriately chargeable to the eradication effort, the total amount thereof determined as appropriate by the Hearing Officer, shall be due and payable within thirty (30) days. Any amount of eradication charges assessed by the Hearing Officer that are less than the total amount set forth in the eradication accounting shall be explained by written letter from the Hearing Officer to the Mayor.
e.
Lien.
As to such property where the responsible party is the property owner, if all or any portion of the assessed eradication charges remains unpaid after thirty (30) days, the portion thereof that remains unpaid shall constitute a lien on the property that was subject of the eradication effort.
(f)
Penalties.
Any person violating this ordinance shall be fined according to Section 1-8 of the Revised Ordinances of the City of Everett and/or punished in accordance with Massachusetts General Law, Chapter 266; Section 126A.
(g)
Severability.
If any section, subsection, sentence, clause, phrase or portion of this Ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction, then that decision shall not affect the validity of the remaining portions of this Ordinance.