[HISTORY: Adopted by the Town Meeting of the Town of Yarmouth as indicated in article histories. Amendments noted where applicable.]
[Adopted 4-14-1992 by Art. 20, approved 5-18-1992]
In order to protect and enhance public safety by reducing the risk of fire hazard, the provisions of the Code of Massachusetts Regulations, 527 CMR 1.00 to 50.00, as from time to time amended, are hereby incorporated in and made a part of this article, and any violation of any provision thereof shall constitute a violation of this section.
Whoever violates any provision of § 87-1 shall be punished by a fine of $50 for each offense. In the case of any continuing violation, each day said violation continues shall constitute a separate offense. Said section shall be enforceable by the head of the Fire Department or his authorized designee as well as by Town officers having police powers.
The Fire Chief or his authorized designee, upon complaint of a person having an interest in any building or premises or property adjacent thereto, shall, at any reasonable hour, enter into said buildings and upon said premises, or adjacent property, within the jurisdiction of said Town and make an investigation as to the existence of conditions likely to cause fire. He shall, in writing, order such conditions to be remedied, and whenever such officers or persons find in any building or upon any premises any accumulation of combustible rubbish, including, but not limited to, wastepaper, rags, cardboard, string, packing material, sawdust, shavings, sticks, waste leather or rubber products, broken boxes or barrels or any refuse or unusable material that is or may become dangerous as a fire hazard or as an obstacle to easy ingress into or egress from such buildings or premises, they shall, in writing, order the same to be removed or such conditions to be remedied. Notice of such order shall be served upon the owner, occupant or his authorized agent by a member of the Fire or Police Department. If said order is not complied with within 24 hours, or such additional time as the enforcing person determines reasonable as stated in said notice, the person making such order, or any person designated so to do, may enter into such building or upon such premises and remove such refuse or any unusable materials or abate such conditions and the owner or occupant of said premises shall be liable for reasonable expenses incurred in doing so. Any expense so incurred shall be a lien upon such building or premises, effective upon the filing in the appropriate Registry of Deeds of a statement of claim therefor signed by the enforcing person and setting forth the amount of said lien; the lien shall be enforced within the time and in the manner provided for the collection of taxes upon real estate. Any such owner or occupant who fails or refuses to comply with said order shall be punished by a fine of $50. Each day noncompliance continues shall constitute a separate offense.