BUILDING CONSTRUCTION STANDARDS
Sec. 10-1. Certificate of Occupancy
CHAPTER 10 - BUILDING CONSTRUCTION STANDARDS
Section 10-1. Certificate of Occupancy
A building or structure hereafter shall not be used or occupied in whole or in part until a Certificate of Occupancy shall have been issued by the Building Commissioner. The certificate shall not be issued until all work has been completed in accordance with the provisions of the approved permits, and said Certificate has been approved by the Director of Public Works, for all new construction and no such permit shall be issued for rental units if any lien or outstanding taxes are due on said property, provided, however, that the Director of Public Works shall be required to issue within forty-eight hours after receipt of said permit request sufficient and detailed notice of his intent not to consent to said permit; permits shall be issued in accordance with state law in a timely fashion and all inspections shall be performed and the permit issued under the direction and coordination of the Director of Community Development.
CHAPTER 10A
BUILDING AND PROPERTY MAINTENANCE CODE
Article I. Title, Policy and Purposes
Sec. 10A-11. Title
Sec. 10A-12. Findings and Declaration of Policy
Sec. 10A-13. Purpose
Article II. Building and Property Maintenance
Sec. 10A-21. Maintenance Required
Sec. 10A-22. Maintenance Standards
A. Maintenance of Structures
B. Maintenance of Accessory Structures
C. Maintenance of Premises and Landscape Elements
Sec. 10A-23. Requirements - Automatic Door Openers
Article III. Administrative Provisions
Sec. 10A-31. Public Health Director
Sec. 10A-32. Unfit Building or Property
Sec. 10A-33. Result of Hearing
Sec. 10A-34. Failure to Comply
Sec. 10A-35. Costs
Sec. 10A-36. Penalty
Article IV. Maintenance of Abandoned, Foreclosing Residential Properties
Sec. 10A-40. Regulating the Maintenance of Abandoned, Foreclosing Residential Properties
CHAPTER 10A - BUILDING AND PROPERTY MAINTENANCE CODE
Article I. Title, Policy and Purposes
This ordinance shall be known as "The Building and Property Maintenance Code".
Section 10A-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.
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 II. Building and Property Maintenance
Section 10A-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 ordinance regulations of the Commonwealth and the Town of Methuen and so as to insure that the property itself may be preserved safely and that hazards to public health and safety are avoided.
Section 10A-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.
Section 10A-23. Requirements - Automatic Door Openers
All newly constructed commercial buildings or any part thereof open to and used
by the public shall be required to have Automatic Door Openers as defined in
521 CMR 5.00. Said Automatic Door Openers shall be in further compliance with
the applicable provisions of the State Building Code (780 CMR 1017.4.3 and 521
CMR 26 of the Architectural Access Board, or any amendments thereto). The provisions
of this Ordinance shall be enforced by the Inspectional Services Department
through the Office of the Building Commissioner.
Article III. Administrative Provisions
Section 10A-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 10A-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 ordinance. 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 10A-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 Methuen.
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 10A-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.
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 ordinance 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.
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.
(Ord. #657, Effective November 18th, 1998; as further amended
by Ord. #709, Eff. December 20th, 2000; as further amended by Ord. #759, Eff.
July 1st, 2003)
Article IV. Maintenance of Abandoned, Foreclosing Residential Properties
Section 10A-40. Regulating the Maintenance of Abandoned, Foreclosing Residential Properties
a) Purpose. It is the intent of this Ordinance to protect and preserve public safety, security, and quiet enjoyment of occupants, abutters, and neighborhoods by (i) requiring all residential property owners, including lenders, trustees, and service companies, to properly maintain abandoned and/or foreclosing properties (ii) regulating the maintenance of abandoned and/or foreclosing, residential properties to prevent blighted and unsecured residences.
The Commissioner of the Inspectional Service Department has enforcement authority pursuant to, inter alia, M.G.L. c. 143, s. 3, the State Building Code, and the Zoning Code of the City of Methuen.
b) Definitions. When used in this section, unless a contrary intention clearly appears, the following terms shall have the following meanings:
Abandoned means any property that is vacant.
City means City of Methuen.
Commissioner means Commissioner of the Inspectional Services Department.
Days mean consecutive calendar days.
"Evidence of vacancy" means any condition that would lead a reasonable person to believe that the property is vacant
Foreclosing means the process by which a property, placed as security for a real estate loan, is prepared for sale to satisfy the debt if the borrower defaults.
"Initiation of the foreclosure process" means taking any of the following actions: (i) taking possession of a residential property pursuant to M.G.L. c.244, s. 1; (ii) publishing the first foreclosure notice of a residential property pursuant to M.G.L. c. 244, s. 14; or (iii) commencing a foreclosure action on a residential property in a court of competent jurisdiction.
Local means within twenty (20) driving miles distance of the property in question.
Mortgagee means the creditor, including but not limited to, service companies and lenders, in a mortgage agreement.
Mortgagee in possession means a mortgagee that has taken over control and/or occupancy of a property upon default of the borrower to collect income from the property and/or prepare for foreclosure.
Owner means every person, entity, service company, property manager or realtor, who individually or severally with others:
1) has legal or equitable title to any dwelling, dwelling unit, mobile dwelling unit, or parcel of land, vacant or otherwise, including a mobile home park; or
2) has care, charge or control of any dwelling, dwelling unit, mobile dwelling unit or parcel of land, vacant or otherwise, including a mobile home park, in any capacity including but not limited to agent, executor, executrix, administrator, trustee or guardian of the estate of the holder of legal title; or
3) is a mortgagee in possession of any such property; or
4) is an agent, trustee or other person appointed by the courts and vested with possession or control of any such property; or
5) is an officer or trustee of the association of unit owners of a condominium. Each such person is bound to comply with the provisions of these minimum standards as if he were the owner. Owner also means every person who operates a rooming house; or
6) is a trustee who holds, owns or controls mortgage loans for mortgage backed securities transactions and has initiated the foreclosure process.
7) Any person or entity listed in the most recent real estate records or their duly authorized agent, attorney, purchaser, devisee, trustee, or any duly authorized person or entity having vested or equitable interest in the use, structure or lot in question as recorded in an appropriate Registry of Deeds.
Property means any real property, or portion thereof, located in the City of Methuen, including building or structures situated on the property.
Residential Property means. Property used for human habitation containing one or more dwelling units.
Vacant means a structure or building not legally occupied.
c) Registration of Abandoned and/or Foreclosing Residential Properties
Duty to Provide Written Notice of Abandoned Property and/or Mortgage Foreclosure.All owners must register abandoned and/or foreclosing residential properties with the Commissioner of the Inspectional Services Department on forms provided by the Commissioner. All registration must state the individual owner's or agent's phone number and mailing address located within the Commonwealth as required by M.G.L. c. 59, s. 57D, M.G.L. c. 156D, s. 5.02, and 950 CMR 113.20. The mailing address may not be a P.O. Box. This registration must also certify that the property was inspected and identify whether the property is abandoned. If the property is abandoned, the registration must designate a local individual or local property management company responsible for the security and maintenance of the property. This designation must state the individual or company's name, phone number, and local mailing address. The mailing address may not be a P.O. Box. This registration must be received within seven days of abandonment or within seven days of the initiation of the foreclosure process as defined in subsection (b).
All property registrations are valid for one year. An annual registration fee of on-hundred dollars and no cents ($100.00) must accompany the registration form. The fee and registration are valid for the calendar year, or remaining portion of the calendar year, in which the registration was initially required. Subsequent registrations and fees are due January 1st of each year and must certify whether the foreclosing and/or foreclosed property remains abandoned or not.
Once the property is no longer abandoned or is sold, the owner must provide proof of sale by a copy of the recorded deed or written notice of occupancy to the Commissioner of the Inspectional Services Department.
d) Maintenance Requirements.
Properties subject to this section must be maintained in accordance with all applicable Sanitary Codes, Building Codes, and local regulation. The local owner or local property management company must inspect and maintain the property on a monthly basis for the duration of the abandonment.
Adherence to this section does not relieve the property owner of any applicable obligations set forth in Code regulations, Covenant Conditions and Restrictions and/or Home Owners Association rules and regulations.
e) Inspections.
The Inspectional Services Department shall have the authority and the duty to inspect properties subject to this section for compliance and to issue citations for any violations. The Inspectional Services Department shall have the discretion to determine when and how such inspections are to be made, provided that their policies are reasonably calculated to ensure that this section is enforced.
f) Enforcement and Penalties.
Failure to initially register with the Commissioner is punishable by a fine of three hundred dollars and no cents ($300.00).
If applicable, failure to properly identify the name of the local individual or property management company is punishable by a fine of three hundred dollars and no cents (300.00).
Failure to maintain the property is punishable by a fine up to three hundred dollars and no cents ($300.00) for each month the property is not maintained.
Violations of this chapter shall be treated as a strict liability offense regardless of intent.
g) Appeal. Any person aggrieved by the requirements of this section or by a decision issued under this section by the Inspectional Services Department, may seek relief in any court of competent jurisdiction as provided by the laws of the Commonwealth.
h) Applicability. If any provision of this section imposes greater restrictions or obligations than those imposed by any other general law, special law, regulation, rule, ordinance, by-law, order, or policy then the provisions of this section control.
i) Regulatory Authority. The Commissioner of the Inspectional Services Department has the authority to promulgate rules and regulations necessary to implement and enforce this section.
j) Severability. If any provision of this section is held to be invalid by a court of competent jurisdiction then such provision shall be considered separately and apart from the remaining provisions, which shall remain in full force and effect.
k) Implementation. The provisions of this section are effective immediately upon passage and all provisions shall be enforced immediately but no monetary fine shall be imposed pursuant hereto until ninety (90) days after passage.l) Notice. A copy of this ordinance is to be mailed to all loan institutions, banks, real estate offices, and management companies located in and/or having legal or equitable interest in residential property located in the City of Methuen.
(Ord. #822, Effective May 7, 2008)