[HISTORY: Adopted by the Town of Randolph 4-18-1995 ATM by Art. 8, approved 10-27-1995. Amendments noted where applicable.]
[Amended 4-23-2001 ATM by Art. 13, approved 12-21-2001]
Landscaping is defined as the finishing and adornment of unpaved yard areas. Materials and treatment generally include, but are not limited to, naturally growing elements such as grass, trees, shrubs, and flowers, and which may include the use of logs, rocks, fountains, water features and contouring of the earth.
[Amended 4-23-2001 ATM by Art. 13, approved 12-21-2001]
Landscaping is required in all front yards for all buildings and additions over one thousand (1,000) square feet. Said landscaping shall be completed within one (1) year from the date of occupancy of the building. Front yards required by this code shall be completely landscaped, except for those areas occupied by driveways, walls and paved walkways. All live landscaping required by this code shall be properly maintained. All dead or dying landscaping shall be replaced and all grass areas mowed on a regular basis. Enforcing authority shall be the Building Commissioner or Code Enforcement Officer.
Landscaping is required in all street side side-yards for all buildings and additions over one thousand (1,000) square feet. Said landscaping shall be completed within one (1) year from the date of occupancy of the building. All flanking street-side side yards shall be completely landscaped, except for those areas occupied by utilities, driveways, paved walks, and walls. All live landscaping required by this code shall be properly maintained. All dead or dying landscaping shall be replaced and all grass areas mowed on a regular basis. Enforcing authority shall be the Building Commissioner or Code Enforcement Officer.
The term, "weeds and grass," as used herein, shall mean and include all weeds, grasses, plants, bushes, poison oak, poison ivy, and other vegetation, except trees, ornamental shrubbery, flowers, garden vegetables, compost piles, or other plants or vegetables customarily planted and/or cultivated by farmers or gardeners. A general growth of "weeds and grass" in excess of twelve (12) inches is hereby declared to be a menace to public health and safety.
It shall be unlawful for any owner, occupant, lessee, or agent in charge of land in the Town to permit "weeds and grass" to remain uncut and exceed a general height of twelve (12) inches.
Upon the failure, refusal, or neglect of an owner, occupant, lessee, or agent to cut "weeds and grass" as required hereby, the Building Commissioner or other authorized officer or agent of the Town charged with the enforcement of the provisions of this article shall notify such owner, occupant, lessee, or agent of such condition and shall order such person to eliminate such "weeds and grass" within ten (10) days. Such order shall be in writing and may be served personally on, or sent by certified mail to, the owner of the property at the address shown on the assessment records of the Town.
If said order is not complied with within said ten (10) day period, the Building Commissioner or other authorized officer or agent of the Town charged with the enforcement of the provisions of this article may cause the "weeds and grass" to be cut and removed, or may have such failure prosecuted as a violation of this Ordinance, or both.
Whenever it shall be necessary for the Town to have the "weeds and grass" cut and removed, as above provided, the cost thereof shall constitute a debt owed to the Town, and unless paid, the same shall be added to the personal property tax bill or real estate tax bill sent to the owner, and may thereafter be collected in the same manner as taxes are collected.
Any person aggrieved by an order issued pursuant to the provisions of this Ordinance may file a written appeal to the Town Manager within ten (10) days from the date of such order, whereupon the Town Manager or his designee shall promptly thereafter, upon written notice, hold a hearing granting to such person the right and opportunity to show cause why he should not comply with the order.
[Amended 6-17-2002 STM by Art. 2, approved 10-3-2002]
Land which contains an accumulation of rock, stone, gravel, sand or other earth material above the surface of the ground in such a manner as to be dangerous to the property or person of anyone shall be deemed a nuisance and may be abated by the Town Manager in the following manner:
Any individual may initiate a petition to the Town Manager stating the nature of the nuisance complained of and apply for abatement thereof, whereupon the Town Manager, or their designee shall view the premises. If the Town Manager is of the opinion that the petition should be granted, it shall set a time and place for hearing, giving notice thereof to the petitioners, to the person whose land it may be necessary to enter upon to abate the nuisance and to any other person who may be damaged or benefited by the proceedings. Such notice shall be given in writing and may be served by any person authorized to serve civil process or by registered or certified mail.
However, if the land is unoccupied and the owner or agent unknown or out of the commonwealth, the notice to such owner may be served by posting upon premises or by advertising in one (1) or more newspapers in such manner as may be ordered. At the time and place appointed therefor, the Town Manager shall hear the parties and thereafter may cause such nuisance to be abated by entering upon any land and making such excavation as he shall deem necessary, and he shall also determine at whose expense the improvements shall be kept in repair and award the damage sustained by and benefits accruing to any person by reason of said improvement. The Town Manager shall forthwith give notice of its decision by filing with the Town Clerk and by mailing a copy, postage prepaid, to the owner of the premises and the petitioners, unless the petitioner is the Town itself. The expense of making and keeping such improvements in repair shall be assessed by the Assessors upon the person benefited thereby, as ascertained by said decision, and shall be included in his/her taxes. This shall be a lien upon the land benefited thereby and shall be collected in the same manner as other taxes upon land.
A person who is aggrieved by the decision of said Town Manager may appeal therefrom to the Superior Court if, within seven (7) days after the decision, he or she files the decision with the Superior Court, stating the grievance and action of the Town Manager thereon.
[Amended 6-17-2002 STM by Art. 2, approved 10-3-2002]
An owner of land which has been excavated or constitutes a dangerous or hazardous condition shall erect barriers or take other suitable measures within five (5) days after such owner has been notified in writing by the Town that such excavation or dangerous or hazardous condition constitutes a hazard to the public safety. Violation of this section shall be punishable in accordance with the Fine Schedule.
Fences must be located entirely upon the private property of the person constructing or causing the construction of the fence, unless the property owner adjoining agrees in a written, notarized statement that a fence may be erected on the division line of both properties. Fences must be at least twelve (12) inches from a public sidewalk or street.
Front yards. Fences shall be constructed with boards, chain link construction, or other suitable material firmly connected to posts sunk in the soil at least two (2) feet or more as necessary to properly support the fence. All fences abutting the front yard shall provide a clear view into the yard from the street. No pickets or posts shall be located closer than four (4) inches to each other.
Fences for rear and side yard. Fences shall be constructed with boards, chain link construction, or other suitable material firmly connected to posts sunk in the soil at least two (2) feet or more as necessary to properly support the fence.
All new fence installations shall be erected with the smooth side facing outward; all posts shall be located on the inside of the fence. Painted fences shall be of one (1) color, which is compatible with the color of the home located on the parcel.
No fence shall be constructed, maintained, or placed on any property in the Town of Randolph of metal construction or otherwise, which is charged or connected with an electrical current in such manner as to transmit said current to persons, animals, or things which intentionally or unintentionally might come in contact with it; with the exemption for agricultural uses. Barbed wire is prohibited in the Town of Randolph except as permitted by the Board of Zoning Appeals on approved protective measures fences.
A dilapidated fence is any fence in an improper state of repair that causes a safety or heath concern. It includes any fencing that, by its age or deteriorating condition, lists, leans, buckles or is broken or has exposed pieces projecting, protruding or laying in a manner which could fall or be hazardous to persons walking or driving along public property including street or right-of-way or public easements; fencing that by improper position on or near the ground is situated in such a manner as to offer harborage to vermin; fencing that is damaged by animals or by other means such that the fence condition is unsafe and deleterious to the livability of the neighborhood; any eight-foot section of a fence that is more than fifteen degrees (15°) out of vertical alignment or that has ten percent (10%) of its pickets or structural components either damaged, missing or rotted. Any fence considered a dilapidated structure must be repaired or replaced.
Repairs to a fence with broken, missing, warped, or otherwise damaged materials or hardware must be repaired and aligned to the property boundaries. Any repairs must match existing fence style in the same material, at the same height, and the same location as the original fence. A damaged fence must be repaired within thirty (30) days of the date the damage occurred.
It is unlawful to obstruct the view of motorists at intersections with a fence, shrubbery or other vegetation, sign boards, structure of any description, uncontrolled weeds, etc. Any plantings on corner lots must permit an unobstructed view along intersecting streets for motorists and pedestrians approaching the intersection.
Violation and penalties. Any person violating or failing to comply with the provisions of this ordinance shall be subject to a fine in accordance with the fine schedule and responsible for a civil infraction. Each day a violation continues shall be deemed a separate offense.
No person shall park any vehicle on any grass area of the front yard setback in any district unless that vehicle shall be parked on an approved driveway or parking area approved by the Town.