[HISTORY: Adopted by the Town of Randolph 4-18-1995 ATM by Art. 8, approved 10-27-1995. Amendments noted where applicable.]
GENERAL REFERENCES
Outdoor burning — See Ch. 90.
Herbicides — See Ch. 113.
Dumping of snow — See Ch. 164.
Junk and unregistered vehicles — See Ch. 176.
[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]
A. 
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.
B. 
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.
A. 
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.
B. 
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.
C. 
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.
D. 
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.
E. 
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.
F. 
Fine. Any violation of this section of the ordinance shall be punishable by a penalty in accordance with the Fine Schedule.[1] This chapter shall be enforced utilizing the non-criminal tickets and disposition mechanism of MGL c. 40, § 21D.
[1]
Editor's Note: See Ch. 301, Fines.
[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:
A. 
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.
B. 
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.
C. 
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.[1]
[1]
Editor's Note: See Ch. 301, Fines.
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.
A. 
Height.
(1) 
The front lot line: no fence shall exceed four (4) feet in height.
(2) 
Side and rear lot lines: no fence shall exceed six (6) feet in height.
B. 
Fence construction.
(1) 
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.
(2) 
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.
C. 
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.
D. 
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.
E. 
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.
F. 
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.
G. 
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.
H. 
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.[1] Each day a violation continues shall be deemed a separate offense.
[1]
Editor's Note: See Ch. 301, Fines.
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.
A. 
No person shall allow any pavement to be placed on any property within the Town of Randolph without first obtaining a permit.
B. 
No person shall be allowed to pave their front yard setback of any residential used property except for a twenty-foot (20') wide driveway.
[Added 8-9-2021 by Ord. No. 2021-036]
A. 
Trash disposal. The owner or person in control of any premises within the Town of Randolph shall at all times maintain the sidewalks, alleys, streets, and places adjoining the premises free of trash, rubbish, debris, litter, filth, garbage and other refuse; provided, however, that this Subsection A shall not prohibit the storage of litter in the manner and at the times prescribed by the Town for purposes of collection.
B. 
Trash outside of places of business. No person in control of a place of business abutting on a sidewalk shall knowingly suffer any trash, rubbish, debris, litter, filth, garbage or other refuse to remain on such sidewalk except in a receptacle or bundle placed on such sidewalk in accordance with Town ordinances, rules or regulations. No dumpsters shall be allowed to remain on a property in an overflowing condition.
C. 
Trash within place of business. No person in control of a place of business abutting on a street shall knowingly suffer any trash, rubbish, debris, litter, filth, garbage or other refuse to remain in the open on the estate upon which such place of business is located except in a receptacle or bundle from which such refuse is not likely to be blown onto such street. No dumpster shall be allowed to remain on a property in an overflowing condition.
D. 
Violations; penalties; fines established. This § 147-9 may be enforced utilizing the noncriminal ticketing and disposition mechanism of MGL c. 40, § 21D, the provisions of MGL c. 40U or any other applicable enforcement mechanism, including applicable provisions providing for issuance of orders to correct and applicable provisions providing for recovery of fines by indictment or complaint. This § 147-9 may be enforced by the Randolph Commissioner of Public Health, the Randolph Building Commissioner, the Randolph Code Enforcement Officer or the Randolph Police Department. Unpaid fines under this § 147-9 shall be considered municipal charges and may be included as liens created by MGL c. 40, § 58, or any other applicable law, to be added to and collected as unpaid real estate taxes. Any person violating any provision of the following enumerated subsections of § 147-9 shall be punished by the following penalties for violations thereof; and not only the person actually performing the prohibited act or thing, but also his employer and every other person concerned in so doing shall be punished by such fine.
[Amended 12-5-2022 by Ord. No. 2022-050]
(1) 
Section 147-9A: three hundred ($300.00) dollars.
(2) 
Section 147-9B: three hundred ($300.00) dollars.
(3) 
Section 147-9C: three hundred ($300.00) dollars.
E. 
Rubbish disposal; penalty. In the Town of Randolph, fines for violation of MGL c. 270, § 16 (concerning disposal of rubbish, etc. on or near highways and coastal or inland waters; penalties; enforcement; park rangers), shall be determined based on volume, location and content subject to the following schedule:
(1) 
Up to and including one (1) cubic yard illegally dumped in an unauthorized container will be fined one hundred ($100.00) dollars.
(2) 
Up to and including one (1) cubic yard illegally dumped in a vacant lot or on a public way and or public property will be fined two hundred fifty ($250.00) dollars.
(3) 
Up to and including one (1) cubic yard illegally dumped in a park or playground will be fined five hundred ($500.00) dollars.
(4) 
Any volume between one (1) and five (5) cubic yards found in a vacant lot or on a public way and/or public property will be fined one thousand ($1,000.00) dollars.
(5) 
If illegally dumped in a park or playground any volume between one (1) and five (5) cubic yards will be fined fifteen hundred ($1,500.00) dollars.
(6) 
Five (5) cubic yards or more found in a vacant lot or on a public way and/or property will be fined two thousand five hundred ($2,500.00) dollars and five (5) cubic yards or more illegally dumped in a park or a playground will be fined three thousand ($3,000.00) dollars.
(7) 
Restricted solid waste as defined in 310 CMR 19 Massachusetts Department of Environmental Protection, including but not limited to televisions, major appliances and computer monitors, in any and all volumes illegally dumped in any and all locations will be fined two thousand ($2,000.00) dollars.
(8) 
Construction debris and other related materials, in any and all volumes, illegally dumped in any and all locations will be fined two thousand five hundred ($2,500.00) dollars and referred to the Randolph Department of Public Health for further investigation and enforcement.
(9) 
Hazardous/toxic waste as defined in MGL c. 21C, § 2, MGL c. 21I, § 2, MGL c. 21I, § 9, 310 CMR 16 Massachusetts Department of Environmental Protection and 310 CMR 19 Massachusetts Department of Environmental Protection, in any and all volumes illegally dumped in any and all locations will be fined three thousand ($3,000.00) dollars and referred to the Randolph Department of Public Health for investigation and enforcement including additional fines where authorized.
F. 
Promulgation of rules and regulations. The Randolph Commissioner of Public Health and/or the Randolph Building Commissioner shall have the authority to promulgate rules and regulations necessary to implement and enforce this § 147-9.
G. 
Enforcement in accordance with Massachusetts General Law. Any person taking cognizance of a violation of this § 147-9 which he is empowered to enforce by statute, ordinance, or by appointment as special police officer may enforce said ordinances in accordance with MGL c. 40, § 21D.
H. 
Whenever it shall be necessary for the Town to have violating trash, rubbish, debris, litter, filth, garbage or other refuse removed as the result of the failure of a violator to comply with the requirements of this § 147-9, 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 of the property that caused the violation, and may thereafter be collected in the same manner as taxes are collected.