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HomeMy WebLinkAboutPROPOSED PROPERTY MAINTENANCE BYLAW-DR. SMITH-DECEMBER 5, 2005 STM-AMEND CHAPTER 79 CHAPTER 79 BUILDING AND PROPERTY MAINTENANCE CODE Article L Title, Policy and Purposes Sec. 79-11. Title Sec. 79-12. Findings and Declaration of Policy Sec. 79-13. Purpose Article IL Building and Property Maintenance Sec. 79-21. Maintenance Required Sec. 79-22. Maintenance Standards A. Maintenance of Structures B. Maintenance of Accessory Structures C. Maintenance of Premises and Landscape Elements Article I11. Administrative Provisions Sec. 79-31. Public Health Director Sec. 79-32. Unfit Building or Property Sec. 79-33. Result of Hearing Sec. 79-34. Failure to Comply Sec. 79-35. Costs Sec. 79-36. Penalty CHAPTER 79 - BUILDING AND PROPERTY MAINTENANCE CODE Article L Title, Policy and Purposes Section 79-11. Title This er&nancebylaw shall be known as "The Building and Property Maintenance Code". Section 79-12. Findings and Declaration of Policy It is hereby found and declared that there exist in the Town structures used for residential and non-residential use which are, or may become in the future, sub-standard with respect to structure, equipment or maintenance, or further, that such conditions, including but not limited to, structural deterioration, lack of maintenance and appearance of exterior of premises, infestation, lack of maintenance or upkeep of essential utilities and facilities, existence of fire hazards, inadequate provisions for light and air, unsanitary conditions and overcrowding, constitute a menace to the health, safety, morals, welfare and reasonable comfort of the citizens and inhabitants of the Town. It is further found and declared that, by reason of lack of maintenance and because of progressive deterioration, certain properties have the further effect of creating blighting conditions and initiating slums, and that if the same are not curtailed and removed, the aforesaid conditions will grow and spread and will necessitate in time the expenditure of large amounts of public funds to correct and eliminate the same, and that, by reason of timely regulations and restrictions as herein contained, the growth of slums and blight may be prevented and the neighborhood and property values thereby maintained the desirability and amenities of residential and non-residential uses and neighborhoods enhanced and the public health, safety and welfare protected and fostered. Section 79-13. Purpose The purpose of this code is to protect the public health, safety, morals, and welfare by establishing minimum standards governing the maintenance, appearance, condition, and occupancy of residential and non-residential premises; to establish minimum standards governing utilities, facilities, and other physical components and conditions essential to make the aforesaid facilities fit for human habitation, occupancy and use; to fix certain responsibilities and duties upon owners and operators, and distinct and separate responsibilities and duties upon occupants; to authorize and establish procedures for the inspection of residential and non-residential premises; to fix penalties for the violations of this code; and to provide for the repair, demolition, or vacation of premises unfit for human habitation or occupancy or use. Article IL Building and Property Maintenance Section 79-21. Maintenance Required All buildings and structures, and all parts thereof, shall be maintained in a safe, sanitary and non-hazardous manner. All means of egress, devices, safeguards and equipment shall be kept in good working order. The exterior of all premises and the condition of all buildings, structures, and components thereon shall be maintained so as to prevent and repair deterioration, so that the appearance thereof shall reflect a level of maintenance in conformity with all applicable laws and na regulations of the Commonwealth and the Town of e l'Td-enNorth Andover and so as to insure that the property itself may be preserved safely and that hazards to public health and safety are avoided. Section 79-22. Maintenance Standards A. Maintenance of Structures Each owner and occupant shall keep all exterior components of every structure in good repair, including but not limited to, walls, roofs, chimney, cornices, gutters, downspouts, drains, porches, steps, landings, fire escapes, exterior stairs, windows, shutters, doors, storefronts, signs, marquees and awnings. (1) All surfaces shall be covered with a protective coating, such as paint, plastic, or other material which preserves the structure and does not contribute to deterioration. (2) All surfaces shall be maintained free of deterioration, including but not limited to, broken glass, loose or missing shingles or siding, crumbling brick, stone and mortar, and peeling, scaling, or deteriorated paint. (3) Overhanging structures, including canopies, marquees, signs, awnings, exterior stairways, fire escapes, and other structures with overhanging extensions shall be maintained in good repair, be securely anchored to the structure, and be protected from rust and other signs of decay by application of a weather protective material such as paint. Non- operative or broken electrical signs shall be repaired or removed. All obsolete signs and sign structures shall be removed. (4)Except for display merchandise in non-residential buildings, no storage of materials, goods, stock, or inventory shall be permitted in building openings ordinarily exposed to public view unless such areas are screened form public view. All such screening shall be of clean material and will be maintained in a good state of repair. B. Maintenance of Accessory Structures Each accessory structure shall be subject to the Maintenance Standards set forth above. Further, each structure shall: (1) Provide weatherproof usable space and shall not harbor rodents, termites or other vermin. (2)In residential zones, all outdoor storage for a continuous period exceeding fifteen days shall be within enclosed buildings or it shall be effectively screened from view. However, the storage of functional items such as children's play structures, firewood and operable vehicles and bicycles shall be exempt from this provision. (3)Inoperable vehicles must be removed from the premises. C. Maintenance of Premises and Landscape Elements (1) All premises and landscape elements shall be maintained in a safe and sanitary condition, including but not limited to, steps, walks, driveways, fences, retaining walls, trees, shrubs, grass and weeds. If any such area or object constitutes a danger to health or safety, it shall be repaired, replaced, or removed. (2) All paved driveways and walks which exist within the public right-of-way shall be maintained in safe condition. (3) All fences, retaining walls or similar structures shall be firmly anchored in the ground and maintained in good structural repair. Wooden elements or other elements subject to deterioration from weathering shall be maintained with chemicals or paint to preserve the element and to retard deterioration. (4) Weeds, grass and shrubs shall be kept trimmed and kept from becoming overgrown. (5) Trees and shrubs which have branches projecting into the public right-of-way, including public sidewalks, public places, or public highways, shall be kept trimmed to prevent interference with any person or vehicle lawfully using the right-of-way. (6) Trees and shrubs afflicted with a form of decay or vegetation sickness which can be transmitted to other trees or shrubs shall be removed or shall be treated or sprayed by the owner or occupant of the property so as to eliminate the risk of any such decay or vegetation sickness being transmitted to other trees. Dead trees in proximity to rights- of-ways, buildings, structures, or congregations of people which may endanger such objects shall be removed. (7) All yards, courts, or lots shall be kept free of accumulations of trash, garbage, waste, rubbish, refuse, junk, and other noxious or offensive materials or substances which may cause a fire hazard or may act as a breeding place for vermin or insects. Storage of miscellaneous items must be within enclosed structures or screened. (8) All portions of all premises shall be graded so that there is no pooling of water or recurrent entrance of water into any basement or cellar. Article III. Administrative Provisions Section 79-31. Public Health Director The Public Health Director shall be responsible for all inspections, enforcement, and investigations on violations of the provisions of this code, subject to direction, oversight, and determination of the Board of Health. Said Director may utilize the services of the agents of the Health Department in the enforcement of this code. Section 79-32. Unfit Building or Property It is declared that violations of this code shall constitute a nuisance to the persons and property abutting an unfit building or property. The Director, upon written complaint filed by a resident or an employee or agent of the Health Department may cause to be made a code review of a property thought to violate this er na eb_r�law. The term "resident", as used herein, shall be synonymous with a party in interest as defined in General Laws, Chapter 40A. If the Director, upon investigation, determines that a violation of this code exists, he/she shall cause to be served upon the owner of and parties in interest in such building or property a Notice of Order. Such order shall list the violations, the general activities to correct the violations, the time frame within which the violations shall be corrected, and shall further direct that the owner should submit a proposed remedial plan to be approved by the Director of Public Health. The notice shall also state that a hearing on this matter may be held before the Board of Health on a determination of whether or not a violation exists, and, if so, what cures are necessary regarding the violations. The owner or parties in interest shall possess the right to file a request for hearing with the Board of Health on or before seven days of receipt of notice of the order, and, at a hearing thereon, shall have the right to file an answer to the order, to appear in person, to have an attorney present, and to give testimony on the order and any violations thereon. Section 79-33. Result of Hearing If, after such notice and hearing, the Board of Health determines that there are violations of this code, then it may issue orders appropriate and fit under Sections 122, 123 and 125 of General Laws, Chapter 111, authorizing and ordering an abatement of the violations, as well as authorizing entry for the purpose of abatement by officers and employees of the Town of North Andover. Such orders may include requiring the repair, alteration, or improvement of said building to be made by the owner within a reasonable time, which time shall be set forth in the order, or, if the building is in such condition as to make it dangerous to the health and safety of persons on or near the premises, then to refer the matter to the Building Commissioner for appropriate proceedings under the General Laws. Should an appeal not be made of the Director's order, then such order shall have the force and effect of an order of the Board of Health under Section 30 and Section 122 of Chapter 111 of the General Laws. Section 79-34. Failure to Comply If the owner fails to comply with the order to repair, alter, or improve the building or property, and, if the Board of Health so authorizes, said Director may cause such building or property to be repaired, altered, or improved as provided for under said Section 125 of Chapter 111 of the General Laws. Section 79-35. Costs The owner of the property shall be responsible under Section 125 of Chapter 111 of the General Laws for any costs to which the municipality is exposed in abating the violations of this b_r�law and said Director shall, on behalf of the Board of Health, seek recovery in contract for said costs and may further lien the premises as provided for in General Laws, Chapter 111, Section 125. Section 79-36. Penalty Any person, firm or corporation violating any unappealed order of the Director, or, an appealed and affirmed order of the Director by said Board of Health shall be fined One Hundred Fifty Dollars ($150.00) per day per violation for each day said owner shall continue to fail to comply with said order. For purposes of convenience, an order may list more than on violation and more than one required corrective action. Each failure to comply, with a separate required corrective action, shall constitute a separate offense.