[Adopted 10-18-2004 by Ord. No. 04-100416B (Ch. 64, Art. I of the 1986 Code]
Pursuant to the general powers granted to the
City of Marlborough by Article 89 of the Amendments to the Massachusetts
Constitution, and notwithstanding any matter contained within the
ordinances of the City of Marlborough which may be contrary, this
article is adopted for the prevention of future nuisances and the
removal of existing nuisances within the City of Marlborough, which
nuisances constitute a hazard of blight or adversely affect property
values.
In the interpretation of this article, the meanings of words and phrases shall be according to the definitions indicated in Chapter 650, Zoning, of the Code of the City of Marlborough, unless the context of this article shows another sense to be intended.
Any condition constituting a "nuisance" as defined below
that seriously impairs the value, condition, strength, durability
or appearance of real property, including real property owned or occupied
by an "interested party," as defined below.
A structure, whether portable or fixed, with exterior walls
or firewalls and a roof, built, erected or framed of a combination
of any materials, to form shelter for persons, animals, or property.
See "structure" below.
A condition of decay or partial ruin by reason of neglect,
misuse or deterioration. The term includes, but is not limited to:
Property having deteriorated or ineffective
waterproofing of exterior walls, roofs, foundations or floors, including
broken or inadequately secured windows or doors.
Property having defective weather protection
for exterior wall covering or deleterious weathering due to lack of
such weather protection or other protective covering such that the
property is not structurally sound.
Personal property that is broken, rusted, worn,
partially or wholly dismantled or otherwise, due to deterioration,
is unsuitable for the purpose for which designed.
The enforcing authority of this article, for investigation
and enforcement purposes, shall lie with the Building Commissioner
and his assigns and may include the Sanitary Inspector, Fire Chief,
Police Chief and any other City employee empowered to enforce section
of the Code of the City of Marlborough, Regulations or Statutes of
the Commonwealth of Massachusetts.
A condition likely to expose persons to injury, or property
to damage, loss or destruction.
In connection with the notification requirements of this
article, interested parties are the Building Commissioner and his
assigns; owner(s) and/or occupants of a property which is the subject
of a hearing; owners and/or occupants of property directly opposite
the subject property on any public or private street or way; owners
and/or occupants of property abutting the subject property; and owners
and/or occupants of property abutting and that is within 300 feet
of the property line of the subject property. Other persons who own
or occupy property and who demonstrate to the satisfaction of the
Building Commissioner and his assigns that they are affected by the
condition of the property or building that is the subject of a hearing
may be regarded as interested parties by the Building Commissioner
and his assigns.
It shall be a violation of this article to maintain,
cause or create a nuisance that substantially interferes with the
common interest of the general public in maintaining decent, safe,
and sanitary structures that are not dilapidated when such interference
results from the hazardous or blighted condition of private property,
land or buildings. The fact that a particular structure or use may
be permitted under the Zoning Ordinance[1] does not create an exemption from the application of this
article.
The term "nuisance" includes, but is not limited
to:
The existence of any structure or part of structure
which because of fire, wind, or other natural disaster, or physical
deterioration is no longer salvageable or habitable as a dwelling
nor useful for any other purpose for which it may have been intended.
Dilapidated real or personal property, which
includes the existence of any vacant dwelling, garage, or other outbuilding
not kept securely locked, windows kept glazed, or neatly boarded up
and otherwise protected to prevent entrance thereto by vandals.
Overgrown vegetation which may harbor rats and
vermin, conceal pools of stagnant water or other nuisances and/or
constitutes blight.
Dead, decayed, diseased or hazardous trees,
debris or trash;
Signs as described in § 526-7 of the Code of the City of Marlborough known as the "Sign Ordinance."
Personal property that is exposed to the elements
without protection against deterioration, rust or dilapidation.
Unregistered motor vehicles, machinery or mechanical
equipment or parts thereof that are located on soil, grass or other
porous surfaces that may result in the destruction of vegetation or
contamination of soil.
In any Residence District, the keeping of more
than one commercial vehicle, or of a tractor that exceeds a gross
vehicle weight of 3/4 of a ton for hauling a van or trailer, as defined
by the Registry of Motor Vehicles. Any motor vehicle, stock or racing
car, off-road vehicle, snowmobile, travel trailer, motorcycle, road
tractor, trailer and semitrailer is defined as a junk, unused, dilapidated,
unlicensed or disassembled motor vehicle, road tractor, trailer or
semitrailer if:
It has been unregistered or inoperable for more
than nine consecutive months;
It has any major part missing therefrom, including
but not limited to missing fenders, windows, wheels, transmissions,
engines, carburetors, doors, axles, beds or the like;
Although all parts are present, it remains in
a dismantled or disassembled condition; or
A motor vehicle or road tractor cannot be propelled
under its own power.
The storage upon any property of building materials
unless there is in force a valid building permit issued by the City
for construction upon said property and said materials are intended
for use in connection with such construction. In no event, however,
shall the storage of building materials occur on the property in excess
of 12 months without written consent from the Building Commissioner.
Building materials shall include but shall not be limited to lumber,
bricks, concrete or cinder blocks, plumbing materials, electrical
wiring or equipment, heating ducts or equipment, shingles, mortar,
concrete, nails, screws, steel, or any other materials commonly used
in constructing any structure.
Gravel, rock, and dirt piles stored by the owner
for purposes of construction and/or landscaping and said item remains
stored for more than 12 months on the owner's premises.
All dumpsters used to store trash for more than
eight weeks shall be screened from public view and shall be covered
at all times.
A person who occupies real property with the consent of the
owner as a lessee, tenant at will, licensee or otherwise. The singular
use of the term includes the plural when the context so indicates.
Every person who alone or jointly or severally with others:
Has legal title to any building, structure or
property;
Has care, charge, or control of any such building
structure or property 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 lessee under a written letter agreement;
Has a mortgage in possession; or
Is an agent, trustee or other person appointed
by the courts.
The owner or occupant (in the case of real property) of property
that is the subject of proceedings under this article. The singular
use of the term includes the plural when the context so indicates.
A combination of materials, whether wholly or partially level
with, above or below the surface of the ground, whether permanent
or temporary, assembled at a fixed location to give support, shelter
or enclosure such as a building, framework, retaining wall, stand,
platform, bin, fence (having a height at any point of six feet or
greater above grade), parking area sign, flagpole, or mast for an
antenna or the like.
A.Â
Enforcement. This article shall be enforced by the
enforcing authority.
(1)Â
If the enforcing authority shall be informed or have
reason to believe that any provision of this article has been, is
being, or is likely to be violated, he shall make or cause to be made
an investigation of the facts, including an investigation of the property
where the violation may exist. If he finds any violation he shall
give immediate notice in writing to the owner and to the occupant
of the premises of the violation and inform the owner and the occupants
that the violation shall immediately cease and desist. In make such
inspection, the enforcing authority shall have such right of access
to premises that may be lawfully exercised by him under the laws and
Constitution of the Commonwealth or of the United States.
(2)Â
If, after such notice and order, such violation continues,
or if any owner or occupant fails to obey any lawful order of the
enforcing authority with respect to any violation of the provisions
of the article, the enforcing authority may make complaint to the
Superior Court or any court of competent jurisdiction on any injunction
or order restraining any further use of the premises and the continuation
of the violation and shall take such other action as is necessary
to enforce the provisions of this article.
(3)Â
In addition to the foregoing remedy, whoever violates any provision of this article or fails to obey any lawful order issued by the enforcing authority in enforcing this article shall be liable to a noncriminal fine as set forth in the Code of the City of Marlborough § 315-2B. Each violation of this article shall constitute a separate offense. Each day that any such violation continues shall constitute a separate violation. The enforcing authority may also issue a cease-and-desist order for any hazardous situation.
(4)Â
If the enforcing authority determines that the condition
is subject to the jurisdiction of the Board of Health or is a violation
of the State Sanitary Code or any health regulation, in addition to
enforcing this article, he shall refer the matter to the Sanitary
Inspector of the City of Marlborough and/or appropriate state or City
local officials for action.
(5)Â
During investigation of the matter, the enforcing
authority may consult, but is not required to do so, with any interested
party in an attempt to obtain voluntary compliance with this article
without the need to issue a notice of violation.
B.Â
Notice to complainant. In any matter in which a complaint
has been made by a person other than the enforcing authority, the
enforcing authority shall promptly notify the complainant in advance
of all conferences or proceedings concerning resolution of the nuisance
complaint or of any enforcement action and the complainant shall be
allowed to be present and to be heard.
C.Â
Removal of nuisance. If the responsible party fails
to remedy the nuisance caused by a burnt or dangerous building, upon
notice from the Building Commissioner or his assigns to do so, said
Building Commissioner or his assigns may cause the nuisance to be
removed as provided in MGL Chapter 139 at the owner's expense. Any
such debt shall constitute a lien on the land upon which the nuisance
was located as provided in MGL c. 139, § 3A.
D.Â
Appeal to Zoning Board of Appeals. Any decision by
the Building Commissioner and his assigns that an activity may constitute
a nuisance hereunder may be appealed to the Zoning Board of Appeals
pursuant to Massachusetts General Laws Chapter 40A.
E.Â
Reports by the enforcing authority. The Building Commissioner
shall make each month, upon request by the City Council, a report
that shall include all complaints of nuisance made to him during the
prior month; all proceedings begun by him under this article; all
pending complaints and all investigations and enforcement actions
taken by the enforcing authority. The report shall state the location
of the premises, a summary of the nature of the complaint, the name
of the responsible party(ies), and the disposition or the status of
the matter.
