The purpose of this chapter is to protect the
health, safety, and welfare of both the occupant(s) of rental housing
units and the general public and to maintain the quality of life in
residential neighborhoods. It will assist the Board of Health in the
enforcement of state and local health and safety laws or regulations
and provide a method of correcting violations when conditions require
immediate attention, in particular, situations associated with recreational
tenancy.
As used in this chapter, the following terms
shall have the meanings indicated:
DWELLING
Any building or area in a building used or intended for use
for human habitation, including, but not limited to, apartments, condominiums,
cottages, guesthouses, one-, two- or multiple-unit residential buildings,
and rooming houses, but not including any licensed facility.
FRONT YARD
The area between the roadway and the part of the structure
nearest to the roadway.
LICENSED FACILITY
Any facility licensed under any state or local laws or regulations
other than those registered under this chapter.
OCCUPANT
Anyone residing overnight in a dwelling.
OWNER
Any person who alone or severally with others has legal title
to any dwelling, dwelling unit, rooming unit or parcel of land, vacant
or otherwise; mortgagee in possession; or agent, trustee or other
person appointed by the courts.
PERSON
Any individual, partnership, corporation, firm, association,
or group including a governmental unit other than the Town of Barnstable
or any of its agencies.
No person shall allow occupancy of any dwelling without first notifying the occupant(s) at the time of such occupancy of this chapter and of Chapter
133, Noise, of the Code of the Town of Barnstable.
No person shall rent or lease, or offer to rent
or lease, any dwelling or any portion of a dwelling to be used for
human habitation without first conspicuously posting within such dwelling
or portion of a dwelling a certificate of registration provided by
the Board of Health specifying the number of bedrooms and the number
of persons such dwelling or portion of a dwelling may lawfully accommodate.
The owner(s) shall be responsible for keeping
a register containing all names of current occupants in the dwelling.
The register shall be retained for a period of two years and shall
be made available to the Board of Health, the Director of Public Health,
a health inspector, a police officer, or the Town's licensing agent
upon request.
An owner of a dwelling which is rented for residential
use shall provide the Board of Health with his/her current residential
address and telephone number. If the owner is a corporation, the name,
address, and telephone number of the president and legal representative
of the corporation shall be provided. If the owner is a realty trust
or partnership, the name, address, and telephone number of the managing
trustee or partner shall be provided. In the event that the owner
does not reside within the Commonwealth of Massachusetts, the owner
shall designate a resident agent to represent him within the commonwealth
and shall provide the Board of Health with written notification of
the name, address and telephone number of the resident agent so designated.
There shall be a fee of $90 to procure a certificate
of registration. The fee for any additional units owned by the same
owner at the same address shall be $25 per unit.
Every owner shall test and perform maintenance
on every smoke detector and carbon monoxide alarm upon renewal of
any lease term for any dwelling unit or on an annual basis, whichever
is more frequent. Any detector or alarm found to be defective shall
be repaired or replaced forthwith. The occupant(s) must report faulty
or inoperative smoke detector unit(s) to, first, the owner of the
dwelling and, second, if necessary, the local Fire Department.
[Amended 8-1-2013 by Order No. 2013-034]
Dwelling units covered by this chapter shall
be subject to reasonable inspections by Town inspectional staff. All
interior inspections shall be done in the company of the owner, occupant
or the representative of either.
[Amended 8-1-2013 by Order No. 2013-034]
A. Any person who violates any provision of this chapter
shall be subject to a fine not to exceed $300. Any owner of a rental
property found to have two documented violations within any twelve-month
period shall pay a fine of $300. Each day of continued violation may
be deemed to be a separate offense.
B. This chapter may be enforced under the provisions
of MGL c. 40, § 21D. The fine for any violation under the
provisions of MGL c. 40, § 21D shall be $100, or $300 for
any owner of a rental property found to have two documented violations
within any twelve-month period. Each day of continued violation may
be deemed to be a separate offense.
Each provision of this chapter shall be construed
as separate. If any part of this chapter shall be held invalid for
any reason, the remainder shall continue in full force and effect.