City of Marlborough, MA
Middlesex County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the City Council of the City of Marlborough as Sec. 10-16 of the 1965 Code (Ch. 114 of the 1986 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Posting and distribution of advertising — See Ch. 222, Art. I.
Hate-based offenses — See Ch. 354.
Property maintenance — See Ch. 485.
It shall be unlawful for persons to make any indecent figures or write any indecent or obscene words upon any building, fence, wall, guidepost, signboard, awning, lamppost, lamp or lantern in any public way.
[Added 10-16-1995 by Ord. No. 95-5947C]
A. 
Definitions. As used in this chapter, the following terms shall have the meanings indicated:
TAGGING
Any unauthorized defacing, marring or damaging by the spraying of paint, marking by paint, chalk, dye or some similar substance on, but not limited to, any building, motor vehicle, bridge, rock, culvert, pole, sign, fence, or property making up a playground.
B. 
Any property aforementioned so defaced, marred or damaged shall be declared a public nuisance and shall be repaired or abated by the owner thereof under the following conditions:
(1) 
Notice to remove. The Building Commissioner or his assistant or agent is hereby authorized and empowered to issue written notice to the owner of any defaced, marred or damaged property, as set forth above, that said owner has 10 days from the date of the receipt of said written notice to repair or abate said nuisance.
[Amended 10-6-2014 by Ord. No. 14-1005921A]
(2) 
Action upon noncompliance. Upon the failure, neglect or refusal of the owner so notified to repair or abate the said nuisance with the said ten-day period, the Building Commissioner is hereby authorized and empowered to pay for the repair and/or abatement of the said public nuisance.
[Amended 10-6-2014 by Ord. No. 14-1005921A]
(3) 
Charge to be included in tax bill. When the City has expended any funds in order to repair or abate the public nuisance as aforesaid, the actual cost, plus eight-percent interest per annum, shall be added to the subject property owner's real estate tax bill and shall be due and payable at the time of the payment of the said bill.
(4) 
Nonapplicability. Subsection B(1) through (3) shall be inapplicable to single-family, owner-occupied dwellings.
(5) 
Any property owner receiving notice pursuant to Subsection B(1) above shall also be notified of the availability of any community services program provided by the Probation Department of the Marlborough District Court, and, if services are available to said owner, he may petition the Building Commissioner for a reasonable extension of time to remove, repair and/or abate said nuisance.
[Amended 10-6-2014 by Ord. No. 14-1005921A]