[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.