CRIMINAL NUISANCE PROPERTY
Any building, structure, or parcel of land where three or more instances of criminal conduct have occurred within a six-month period. The criminal conduct shall not include instances where the responsible party is the victim and had no control over the criminal conduct.
NUISANCE PROPERTY
Any building, structure, or parcel of land where any of the following conditions exist:
A. 
The Police Department has made a written determination that the property has become a criminal nuisance property;
B. 
The Fire Department has made a written determination that the property has become a fire hazard;
C. 
Inspectional Services has made a written determination that the property has become dilapidated; or
D. 
Inspectional Services or the Department of Health and Human Services has made a written determination that the property poses a serious threat to the health, safety, or general welfare of the public. An example of a serious threat to the public would include, but is not limited to, any of the following:
(1) 
A vacant building with window or door openings that are not reasonably locked or secured to prevent unauthorized entry;
(2) 
The property contains overgrown vegetation that may harbor rats or other vermin or may conceal a pool of stagnant water, provided that the failure to mow a lawn does not, by itself, constitute a nuisance;
(3) 
The property contains trash, debris, or other material that is likely to attract rats or other vermin;
(4) 
The property contains dead, decayed, or diseased trees or other vegetation;
(5) 
The property contains parts or materials that are likely to result in contamination of the soil due to exposure to the elements, including but not limited to unregistered motor vehicles; or
(6) 
The property is being used to store landscaping or building materials and the City has not issued a valid building permit for the premises within the last 12 months.
It shall be a violation of this division to own, maintain, or create a nuisance property. The fact that a particular property, structure, or use is permitted by zoning regulations does not create an exemption from application of this division.
Any member of the Police Department, Fire Department, Inspectional Services, or the Department of Health and Human Services is authorized to investigate a property for a potential nuisance violation and, if appropriate, to issue a violation notice and an order to take corrective action.
If a violation of this nuisance property division is found to exist, the responsible party shall be served with a violation notice identifying the basis for the violation and, when necessary, an order to take corrective action, which shall provide the responsible party with a description of the action needed to bring the property into compliance. Service shall be valid if made in person, via certified mail to the property owner of record, or affixed to the front door of the property in compliance with MGL c. 40U, § 9.
A. 
If an order to take corrective action is issued, the order shall provide the responsible party with a written description of the action needed to bring the property into compliance. The responsible party has 10 days in which to bring the nuisance property into compliance unless the issuing department has agreed, in writing, to additional time. Failure to bring the nuisance property into compliance within the deadline for doing so may result in additional fines or penalties, as set forth in this division.
B. 
If the property owner is the responsible party and has failed to timely comply with the order to take corrective action and if, in the exclusive judgment of the issuing department, the continued failure to take corrective action would constitute an imminent danger to the health, safety, or welfare of the general public, then the City may take corrective action. All costs associated with the corrective action, including attorney's fees, shall constitute a debt in favor of the City and against the owner of the nuisance property.
The responsible party shall be subject to the general penalty set forth in § 1-15 of the Code of the City of Fall River, the noncriminal procedure set forth in §§ 2-1021 through 2-1025 of the Code, and/or the criminal penalties imposed by MGL c. 143, § 6.
A. 
Each violation of any provision of this nuisance division shall be considered a separate offense.
B. 
Each day a nuisance violation continues shall constitute a separate offense.
C. 
Failure of an owner to pay any fine arising from enforcement of this nuisance division shall constitute a debt in favor of the City of Fall River and the City is authorized to place a lien on the property if the debt is not paid within 60 days.
D. 
Nothing in this section is intended to preclude the City from instituting a civil or criminal judicial action, including a demand for injunctive relief, to enforce the provisions of this nuisance division.