[HISTORY: Adopted by the Hoard of Health of the Town of Dennis 2-4-1975. Amendments noted where applicable.]
Housing space and use — See Ch. 113.
Tents — See Ch. 161.
Trailers and trailer parks — See Ch. 169.
Editor's Note: These regulations contained the following preface: "The following regulations are promulgated by the Dennis Board of Health and replace all previous regulations relative to standards of fitness for human habitation. These regulations are adopted in accordance with provisions of MGL C. 111, §§ 5 and 31, as amended, and are being adopted to supplement, clarify, modify and augment the provisions of Article II of the State Sanitary Code."
An emergency order of condemnation and posting of the same shall follow when an inspection is made by an agent or representative of the Board of Health and upon determination by said agent or representative that the dwelling or any part thereof and/or premises is a source of filth and may be detrimental to the health, safety, comfort or convenience of the tenants or to the general public. The agent or representative may order emergency condemnation and posting of said dwelling or premises.
Following an inspection by an agent or representative of the Board of Health and upon determination of said agent or representative that a violation or violations of the Massachusetts Sanitary Code, Article II, or of any Dennis rules and regulations or bylaws exist, the agent or representative may order emergency condemnation and posting of the property.
If an examination and emergency condemnation as provided in the above-mentioned regulations reveals that a dwelling so fails to comply with the provisions of the Massacusetts Sanitary Code or rules, regulations and bylaws of the Town of Dennis so as to endanger or materially impair the health or well-being of the occupant or the public, the Board of Health may order the dwelling vacated if occupied and demolished if necessary.
Following condemnation and posting, an order, in writing, shall be served on the owner of said property or his authorized agent. The order shall:
Contain a list of violations.
Contain the length of time in which violations shall be corrected.
Suggest action which, if and when taken, will effect compliance with the regulations.
Inform the person to whom the order is directed of his right to a hearing, a request for which shall be in writing to the Board of Health within seven (7) days after the order was served.
If a request for a hearing is not received in writing and on file within seven (7) days of the emergency condemnation, the right to a hearing is waived, and the Board of Health may seek legal action.
No dwelling or a portion thereof which has been condemned and posted as unfit for human habitation shall again be used for human habitation until written approval is secured from and such posting is removed by the Board of Health. No person shall deface or remove the posting except that the Board of Health shall remove it whenever the defect or violations on which the condemnation and posting action was based have been eliminated. Removal or possession of the posting by anyone other than the agent or representative of the Board of Health shall be subject to a fine of not less than twenty dollars ($20.).
Any person or persons who continue to inhabit a dwelling which has been condemned under provisions of these regulations shall be fined not less than twenty dollars ($20.).
If any person refuses to leave a dwelling or portion thereof which has been ordered condemned and posted in accordance with these regulations and/or regulations of the State Sanitary Code, he may be forcibly moved by the Board of Health or local police authorities on request of the Board of Health.
Following inspection by the agent or representative of the Board of Health, and if such inspection reveals a violation of the State Sanitary Code, General Laws of the commonwealth, Town of Dennis bylaws and rules and regulations of the Board of Health, an order of abatement shall be issued in writing and served either personally or by certified mail, return receipt requested.
Every dwelling unit shall contain at least one hundred fifty (150) square feet of floor space for the first occupant and at least one hundred (100) square feet of floor space for each additional occupant. The floor space to be calculated on the basis of provisions of the Massachusetts Sanitary Code, Article II, shall also be utilized.
The owner shall provide and maintain in a sanitary condition any means of sewage disposal which is in compliance with Article II of the Massachusetts Sanitary Code.
Applicability. No building within the Town of Dennis shall be converted, altered or repaired so as to extend its seasonal use nor shall its use be changed unless the present, existing septic system complies with the requirements of Title V, 310 CMR 15.00, or the system can be upgraded to comply with Title V. The Board of Health shall not approve any permits unless the requirements of Subsections B, C and D are met.
Each unit intended for living purposes shall meet the minimum requirements set by 105 CMR 410.00, Sanitary Code, Chapter II, Minimum Standards of Fitness for Human Habitation, and Dennis regulations for housing.
Each unit intended for living purposes shall be connected to a central or individual septic system which meets the requirements of 310 CMR 15.00, Title V, and Dennis regulations for subsurface disposal of sewage. No building shall be remodeled, replaced or altered or added to in any manner which increases usage of said septic system without written approval of the Board of Health.
Each unit, in addition to the above, shall be in conformance with all state and local laws and/or regulations, and an affidavit attesting to the same shall be submitted to the Board of Health.
The Dennis Board of Health reserves the right to adopt further regulations as deemed necessary to restrict or delete any of the above regulations in the best interests to the Town of Dennis. These Board of Health regulations are subject to the variance provisions set in Article II of the Massachusetts State Sanitary Code.
These regulations shall take effect on February 12, 1975. No regulations shall be enforced retroactively.
If any section, paragraph, sentence, clause, phrase or word of these regulations shall be judged invalid for any reason whatsoever, those decisions shall not affect any other portion of these regulations, which shall remain in full force and effect; and to this end, the provisions of these regulations are hereby declared severable per order of the Dennis Board of Health.