City of Lowell, MA Minimum Exterior Standards

As used in this article, the following terms shall have the meanings indicated:

A structure enclosed with exterior walls or fire walls, built, erected and framed of any materials or any combination thereof, whether portable or fixed, and having a roof, to form a structure for the shelter of persons, animals, or property. For the purpose of this definition, "roof" shall include an awning or similar covering, whether or not permanent in nature. The word "building" shall be construed where the context requires as though followed by the words "or part or parts thereof."

OWNER

Every person, alone or severally with others, who:

Has legal title to any building or parcel of land, vacant or otherwise;

Has care, charge or control of any building or parcel of land, vacant or otherwise, in any capacity, including but not limited to agent, executor, executrix, administrator, administratrix, trustee or guardian of the estate of the holder of legal title;

Is a mortgagee in possession of any such property; or

Is an agent, trustee or other person appointed by the courts and vested with possession or control of any such property.

WEEDS

Any plants, grass, weeds, brush or any other vegetation, herbaceous or woody, other than trees, ornamental shrubbery and vegetable and flower gardens purposefully planted and maintained free of weed hazard or nuisance; cultivated crops; public recreational areas or trails intended to be left in their natural state; and vegetation along natural streams or watercourses when necessary to deter erosion.

[Added 3-8-2016]

The exterior of all buildings and structures within the City of Lowell shall comply with the following standards of minimum maintenance:

Foundations. All foundations shall be free of holes and breaks and shall safely support the structure at all points. All foundation walls shall be kept in good, safe, sound condition and free of holes, cracks and breaks.

Exterior walls. All exterior walls and trim shall be free of holes, breaks, loose or rotting boards or timbers, or paint that is deteriorated, as indicated by peeling, flaking, cracking, blistering or mildew, resulting in exposed, bare, unprotected surfaces and other conditions which might admit rain or dampness to interior portions of the walls or to the occupied spaces of the building. The exterior surface siding shall be maintained weatherproof and shall be surface coated to prevent deterioration. All exterior walls and trim shall be kept painted, treated, sided or otherwise maintained as to be substantially weatherproof and neat in appearance.

Roofs. The roof shall be structurally sound, weathertight and have no defects which might admit rainwater. Water from roofs shall be conveyed so as to prevent wet floors, walls or ceilings or a nuisance to adjacent buildings or overflowing on abutting properties.

Chimneys, flues, cleanout and vents. All chimneys and similar appurtenances or attachments shall be maintained structurally sound, in good repair and safe to use.

Porches, stairs and handrails. Every exterior stair, porch, balcony and all appurtenances attached thereto shall be structurally sound and no part thereof shall show excessive wear or be broken, cracked, or loose. Carpeting or other covering on stairs and porches shall be maintained in a safe condition. Guardrails shall be firmly fastened and maintained in good condition, and new or replacement guardrails shall comply with the provisions of the Building Code.

Doors and doorways. Every exterior door frame shall have a door and this door shall be weathertight within its frame. Every exterior door, door hinge, doorknob and door latch shall be maintained in good usable condition. Door locks in dwelling units shall be in good repair and capable of tightly securing the door. All entrance doors of each dwelling unit shall be equipped with functioning locking devices.

Hatchways. Every hatchway, bulkhead and exitway shall be so constructed and maintained as to prevent the entrance of rodents, rain and surface drainage water into the structure.

Windows. Every window sash and skylight shall be structurally sound and fit within its frame and be weathertight, so as to prevent the passage through it of rain, snow, wind or other outside elements. Every window sash shall be fully fitted with glass, plexiglass or polycarbonate panes which are without cracks or holes. Every window other than a fixed window shall be capable of being held in the open position and locked in the closed position by window hardware. In business and mixed-use districts, all display windows and entrances exposed to public view shall be kept clean and maintained in good repair. No storage of materials, stock or inventory shall be permitted in window display areas or similar areas ordinarily exposed to public view unless screened by drapes, blinds or other permanent means, and such screening is kept clean and maintained in good repair.

[Amended 3-8-2016]

Screens and storm windows. Every window with openings to outdoor space required for ventilation in habitable rooms shall be supplied with insect screens and storm windows which shall be maintained in good repair. This subsection shall not apply to owner-occupied dwelling units.

Fences. All fences on the premises shall be safe, structurally sound and uniform or compatible in color and structure. Fences shall be maintained so that they do not constitute a hazard, blight or condition of disrepair. Examples of hazards, blight or conditions of disrepair are inclusive of, but not limited to, leaning fences, fences that are missing slats or blocks, graffiti, peeling paint, deterioration of paint or rotting or damaged materials.

[Amended 12-23-2008]

Backyards, areaways and alleys. Backyards, areaways, courts, alleys, passageways and air shafts must be kept clean. Adjacent properties are responsible for maintaining alleys and passageways to the center line of said alley or passageway.

[Added 3-8-2016]

Overgrowth. It shall be unlawful for the owner of any parcel of real estate to allow weeds to reach a height of 18 or more inches, where such weeds are located on any developed lot or parcel in the City, or on that portion of any undeveloped lot or parcel in the City which is within 150 feet of any building, street, sidewalk or public right-of-way. Additionally, it shall be unlawful for the owner of any parcel of real estate to allow thereon any hedge, shrub, tree or other vegetation the limbs, branches or other parts of which overhang, extend or protrude into any street, sidewalk or public alley in a manner which obstructs or impedes the safe and orderly movement of persons or vehicles thereon or, in the case of trees, when the dead limbs or branches thereof are likely to fall into or across such street or sidewalk thereby endangering such persons and vehicles. Any such weeds, hedge(s), shrub(s), tree(s) or other vegetation existing in violation of this subsection is hereby declared to constitute a public nuisance. Please note that nothing in this subsection relieves the property owner of the requirement to obtain, from the Conservation Commission or any other appropriate board/agency, any and all necessary permits/approvals for the removal of such vegetation.

[Added 3-8-2016]

Commercial/industrial property. Every owner or operator of commercial/industrial property shall improve and maintain all property under his or her control to comply with the following minimum requirements:

[Added 3-8-2016]

(1)

All exterior property areas shall be kept free from weeds.

(2)

All exterior property areas shall be properly maintained in a clean and sanitary condition, free from debris, rubbish or garbage, physical hazards, rodent harborage and infestation.

(3)

The sidewalks (including areas like tree pits, grass strips, etc.) and gutter areas (18 inches from the curb into the street) along the building perimeter must be kept clean. Sweepings must be picked up and deposited in suitable containers for collection. City of Lowell trash receptacles may not be used for this purpose.

(4)

Yard areas of real estate shall not be permitted to deteriorate or remain in a condition that is not in accord with the following:

(a)

Yard areas shall be kept in a clean and sanitary condition, free from any accumulation of combustible or noncombustible materials (which are not used as an integral part of the authorized business carried out on the premises), debris, or refuse.

(b)

Yards shall not be used to store appliances, furnaces, hot-water heaters, water softeners, or building materials not used within five days, or any unsightly bulk items, unless these items are raw materials used in the business carried out on the premises and in a properly zoned district.

Vacant lots. Every owner or operator of a vacant lot shall maintain said lot in accordance with the following: Vacant lots shall be kept in a clean and sanitary condition, free from any accumulation of noxious weeds, overgrowth, combustible or noncombustible materials, debris, refuse, rubbish or garbage, physical hazards, or rodent harborage and infestation.

[Added 3-8-2016]