Zoning Bylaws of Framingham, Appendix 2 Nusiance By-Law

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APPENDIX 2 - NUISANCE BY-LAW

Town of Framingham By-Laws, Article VII. "Signs and Districts"Section 4 Nuisance By-Law

[Adopted: Article 5, Special Town Meeting, December 2, 1980]

[Amended: Article 10, Special Town Meeting, October 5, 1982, recodified]

4.1 AUTHORITY AND PURPOSE

Pursuant to the general powers granted to cities and towns by Article 89 of the Amendments to the Massachusetts Constitution, and the specific powers granted by Massachusetts General Laws, Chapter 139, Sections 1-3A, this Bylaw is adopted for the prevention of nuisances within the Town, which nuisances constitute a hazard of blight, or adversely affect property values.

4.2 DEFINITIONS

4.2.1 Blight

Any condition seriously impairing the value integrity, strength, durability or appearance of real property.

4.2.2 Building

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.

4.2.3 Dilapidated

In a condition of decay or partial ruin by reason of neglect, misuse, or deterioration. The term includes, but is not limited to:

Having deteriorated or ineffective waterproofing of exterior walls, roofs, foundations or floors, including broken or inadequately secured windows or doors;

Having defective weather protection (e.g., paint) for exterior wall coverings; deleterious weathering due to lack of such paint or other protective covering.

4.2.4 Interested Parties

In connection with the notification requirements of this Bylaw, interested parties are the Building Commissioner; the owner(s) of property which is the subject of a hearing; owners of land directly opposite the subject property on any public or private street or way, abutters of the subject property, and abutters of abutters within 300 feet of the property line of the subject property. Ownership of land shall be determined by the most recent tax list.

4.2.5 Nuisance

Any substantial interference with the common interest of the general public in the maintenance of decent, safe, and sanitary structures and neighborhoods, when such interference results from the hazardous or blighted condition of private real property. Specific conditions which may be characterized as nuisances may include, but shall not be limited to:

(a) burnt structures not otherwise lawfully habitable or usable.

(b) dilapidated structures

(d) overgrown vegetation which may harbor rats and vermin, conceal pools of stagnant water or other nuisances, or which is otherwise detrimental to neighboring properties or property values.

(e) dead, decayed, diseases or hazardous trees, debris or trash.

(f) signs as described in section 1.19.2 of the sign bylaw.

4.2.6 Owner

The person with record title to the property, or his authorized agent, assign or representative.

4.2.7 Structure

A combination of materials assembled at a fixed location to give support or shelter such as a building, (See above), framework, retaining wall, reviewing stand, platform, bin, fence, sign, flagpole, recreational tramway, or mast for an antenna or the like.

4.3 ADMINISTRATION

4.3.1 Removal Order

The Building Commissioner shall, on his own initiative or upon written complaint, inspect any condition which may constitute a nuisance. If, in his opinion, the condition does constitute a nuisance, he shall make a written report to the remedial action, and shall file a copy of the petition with the Town Clerk.

Upon receipt of such petition and report, the Board of Selectmen shall set a date for a hearing before said Board, not more than 30 days after the date of filing of the petition with the Town Clerk. Notice of said hearing shall be posted, published and sent to interested parties not less than 14 days before the date of said hearing. Notice of the hearing shall state the subject matter sufficient for proper identification, and the date, time and place of the hearing and shall be made in the following manner:

(a) posting of the notice on the property on which the alleged nuisance exists,

(b) publication of the notice in a newspaper of general circulation in the Town of Framingham and

(c) mailings by regular mail, postage prepaid, to the addresses of interested parties. Within seven days of the hearing, the Board of Selectmen shall determine whether of not the condition constitutes a nuisance, and shall determine what action shall be taken by the owner to remove the nuisance. Such actions may include, but shall not be limited to: demolition or repair of the structure, or the removal of vegetation, trees, debris, or trash. The Board of Selectmen shall issue a Removal Order to the owner to abate such nuisance within 24 hours after service of the Order, or within such other time as it considers reasonable. An owner shall forfeit twenty dollars for every day during which he willfully violates such a Removal Order.

4.3.2 Service of Removal Order

In accordance with Massachusetts General Laws, Chapter 139, Section1, the Town Clerk shall deliver a copy of the Removal Order to an officer qualified to serve civil process, who shall forthwith serve an attested copy thereof. Such a Removal Order shall be in writing, and shall be served on the owner in the manner specified by Massachusetts General Laws, Chapter 111, Section 124.

4.3.3 Removal of Nuisance by Selectmen

If the owner fails to comply with such a Removal Order, the Board of Selectmen may cause the nuisance to be removed and all expenses incurred thereby shall constitute a debt due the Town upon completion of the removal and the rendering of an account therefor to the owner, and shall be recoverable from such owner in an action of contract. Any such debt shall constitute a lien on the land upon which the nuisance was located. The Board of Selectmen shall follow the procedures relative to liens provided in Massachusetts General Laws, Chapter 139, Section 3A.

4.3.4 Appeal to Superior Court

In accordance with Massachusetts General Laws, Chapter 139, Section 2, a person aggrieved by such order may appeal to the superior court for the county where such building or other structure is situated, if, within three days after the service of the attested copy of the Removal Orderupon him, he commences a civil action in such court.