[HISTORY: Adopted by the Town of Dennis 5-4-1993
Annual Town Meeting, Art. 31. Amendments noted where applicable.]
In order to protect and enhance public safety by reducing the risk of
fire hazard, the provision of the Code of Massachusetts Regulations, 527 C.M.R.
1.00 to 50.00, as amended from time to time, are hereby incorporated in and
made a part of this bylaw, and any violation of any provision thereof shall
constitute a violation of this section.
Whoever violates any provision of § 95-1 of this bylaw shall be punished by a fine of fifty dollars ($50.) for each offense. In the case of any continuing violation, each day said violation continues shall constitute a separate offense. Said section shall be enforceable by the head of the Fire Department or his authorized designee as well as by town officers having police powers.
A.
The Fire Chief or his authorized designee, upon complaint
of a person having an interest in any building or premises or property adjacent
thereto, shall at any reasonable hour enter into said buildings and upon said
premises, or adjacent property, within the jurisdiction of said town and make
an investigation as to the existence of conditions likely to cause fire. They
shall, in writing, order such conditions to be remedied, and whenever such
officers or persons find in any building or upon any premises any accumulation
or combustible rubbish, including but not limited to waste paper, rags, cardboard,
string, packing material, sawdust, shavings, sticks, waste leather or rubber
products, broken boxes or barrels or any refuse or unusable materials that
are or may become dangerous as a fire hazard or as an obstacle to easy ingress
into or egress from such buildings or premises, they shall, in writing, order
the same to be removed or such condition to be remedied.
B.
Notice of such order shall be served upon
the owner, occupant or his authorized agent by a member of the Fire or Police
Department. If said order is not complied with within twenty-four (24) hours
or such additional time as the enforcing person determines reasonable as stated
in said notice, the person making such order, or any person designated to
do so, may enter into such building or upon such premises and remove such
refuse or any unusable materials or abate such conditions, and the owner or
occupant of said premises shall be liable for reasonable expenses incurred
in so doing. Any expense so incurred shall be a lien upon such building or
premises, effective upon the filing in the appropriate Registry of Deeds of
a statement of claim therefor signed by the enforcing person and setting forth
the amount of said lien; the lien shall be enforced within the time and in
the manner provided for the collection of taxes upon real estate. Any such
owner or occupant who fails or refuses to comply with said order shall be
punished by a fine of fifty dollars ($50.). Each day noncompliance continues
shall constitute a separate offense.
