As used in this article, the following terms
shall have the meanings indicated:
BUILDING
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:
A.
Has legal title to any building or parcel of
land, vacant or otherwise;
B.
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;
C.
Is a mortgagee in possession of any such property;
or
D.
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:
A. 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.
B. 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.
C. 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.
D. Chimneys, flues, cleanout and vents. All chimneys
and similar appurtenances or attachments shall be maintained structurally
sound, in good repair and safe to use.
E. 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.
F. 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.
G. 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.
H. 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]
I. 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.
J. 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]
K. 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]
L. 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]
M. 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.
N. 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]
Any person/owner who violates any provision of this article shall be subject to a fine of $100 for each offense and may be penalized by a noncriminal disposition as provided for under §§
1-5 and
1-6 of the Code and MGL c. 40, § 21D. Each day's failure to comply with an order shall constitute a separate violation.
The provisions of this article shall not apply
to properties located within the boundaries of the Downtown Lowell
Historic District. Said properties are already subject to existing
minimum maintenance standards as set forth in the review standards
of the Lowell Historic Board pursuant to the Acts of 1983, Chapter
566.
Nothing herein shall prevent the City of Lowell
from enforcing other applicable sections of the Code or other applicable
sections of Massachusetts General Laws, including but not limited
to MGL c. 111 (abatement of a nuisance by the City) and c. 139 (recovery
of abatement costs).