[Adopted 5-22-2017 by Ord. No. 33734]
For the purpose of this article the following terms shall be
defined as follows:
A structure, whether portable or fixed, with exterior walls
or firewalls and a roof, built, erected or framed of a combination
of any materials, to form shelter for persons, animals, or property.
See "structure" below.
A condition of decay or partial ruin by reason of neglect,
misuse or deterioration. The term includes, but is not limited to:
Property having deteriorated or ineffective waterproofing of
exterior walls, roofs, foundations or floors, including broken or
inadequately secured windows or doors, provided that a superficial
condition such as peeling paint shall not, in and of itself, be deemed
to constitute a dilapidated condition.
Property having defective weather protection for exterior wall
covering or deleterious weathering due to lack of such weather protection
or other protective covering such that the property is not structurally
sound.
Personal property that is broken, rusted, worn, partially or
wholly dismantled or otherwise, due to deterioration, is unsuitable
for the purpose for which designed.
The provisions of this article shall be enforced by the Inspector of Buildings or his/her designee and any other City employee designated as an enforcing agent for any section of this article in Section 1-13(b) of the General Ordinances the City of Waltham entitled "Noncriminal disposition."
A condition likely to expose persons to injury, or property
to damage, loss or destruction.
In connection with the notification requirements of this
article, interested parties are the Building Commissioner and his
assigns; owner(s) and/or occupants of a property which is the subject
of a hearing; owners and/or occupants of property directly opposite
the subject property on any public or private street or way; owners
and/or occupants of property abutting the subject property; and owners
and/or occupants of property abutting and that is within 300 feet
of the property line of the subject property. Other persons who own
or occupy property and who demonstrate to the satisfaction of the
Building Commissioner and his assigns that they are affected by the
condition of the property or building that is the subject of a hearing
may be regarded as interested parties by the Building Commissioner
and his assigns.
Includes, but is not limited to:
The existence of any structure or part of structure which because
of fire, wind, or other natural disaster or physical deterioration
is no longer salvageable or habitable as a dwelling nor useful for
any other purpose for which it may have been intended.
Dilapidated real or personal property, which includes the existence
of any vacant dwelling, garage, or other outbuilding not kept securely
locked, windows kept glazed, or neatly boarded up and otherwise protected
to prevent entrance thereto by vandals.
Overgrown vegetation which may harbor rats and vermin, conceal
pools of stagnant water or other nuisances, provided that the failure
to mow a lawn area shall not, in and of itself, be deemed to constitute
a nuisance.
Dead, decayed, diseased or hazardous trees, debris or trash.
Personal property that is continuously exposed to the elements
without protection against deterioration, rust or dilapidation.
Unregistered motor vehicles, machinery or mechanical equipment
or parts thereof that may result in the destruction of vegetation
or the contamination of soil.
The storage upon any property of building materials unless there
is in force a valid building permit issued by the Inspector of Buildings
for construction upon said property and said materials are intended
for use in connection with such construction. In no event, however,
shall the storage of building materials occur on the property in excess
of 12 months without written consent from the Inspector of Buildings.
Building materials shall include but shall not be limited to lumber,
bricks, concrete or cinder blocks, plumbing materials, electrical
wiring or equipment, heating ducts or equipment, shingles, mortar,
concrete, nails, screws, steel, or any other materials commonly used
in constructing any structure.
Gravel, rock, and dirt piles stored by the owner for purposes
of construction and/or landscaping and said item remains stored for
more than 12 months on the owner's premises, provided that a properly
maintained compost pile shall not be deemed a nuisance.
Any property where there exists any condition constituting
a "nuisance," as defined below, that seriously impairs the value,
condition, strength, durability or appearance of real property, including
real property owned or occupied by an "interested party," as defined
herein.
A person who occupies real property with the consent of the
owner as a lessee, tenant at will, licensee or otherwise. The singular
use of the term includes the plural when the context so indicates.
Every person who alone or jointly or severally with others:
Has legal title to any building, structure or property;
Has care, charge, or control of any such building, structure
or property in any capacity, including but not limited to agent, executor,
executrix, administrator, administratrix, trustee or guardian of the
estate of the holder of legal title;
Has a mortgage in possession; or
Is an agent, trustee or other person appointed by the courts.
The owner or occupant (in the case of real property) of property
that is the subject of proceedings under this article. The singular
use of the term includes the plural when the context so indicates.
A combination of materials, whether wholly or partially level
with, above or below the surface of the ground, whether permanent
or temporary, assembled at a fixed location to give support, shelter
or enclosure such as a building, framework, retaining wall, stand,
platform, bin, fence (having a height at any point of six feet or
greater above grade), parking area sign, flagpole, or mast for an
antenna or the like.
It shall be a violation of this article to maintain, cause or
create a nuisance that substantially interferes with the common interest
of the general public in maintaining decent, safe, and sanitary structures
that are not dilapidated when such interference results from the hazardous
or dilapidated condition of private property, land or buildings. The
fact that a particular structure or use may be permitted under the
Zoning Ordinance[1] does not create an exemption from the application of this
article.
This article shall be enforced by the enforcing agent, as defined in this article and as designated in Section 1-13(b) of the General Ordinances the City of Waltham entitled "Noncriminal disposition," with the Building Inspectors as the primary enforcing agent and the Health Inspectors as the enforcing agent for violations of the State Sanitary code, as follows:
(a)
If the enforcing agent shall be informed or have reason to believe
that any provision of this article has been, is being, or is likely
to be violated, he shall make or cause to be made an investigation
of the facts, including an investigation of the property where the
violation may exist. If he finds any violation he shall give immediate
notice in writing to the owner and to the occupant of the premises
of the violation and inform the owner and the occupants that the violation
shall immediately cease and desist. In making such inspection, the
enforcing agent shall have such right of access to premises that may
be lawfully exercised by him under the laws and Constitution of the
Commonwealth or of the United States.
(b)
Whoever violates any provision of this article or fails to obey any lawful order issued by the enforcing agent in enforcing this article shall be liable to noncriminal fines as provided in Section 1-13(b) of the General Ordinances the City of Waltham entitled "Noncriminal disposition." Each day that any such violation continues shall constitute a separate violation. The enforcing agent may also issue a cease-and-desist order for any hazardous situation.
(c)
If the enforcing agent determines that the condition is subject to
the jurisdiction of the Board of Health or is a violation of the State
Sanitary Code or any health regulation, in addition to enforcing this
article, he/she shall refer the matter to the Public Health Director
of the City of Waltham and/or appropriate state or city officials
for action.
(d)
If the enforcing agent determines that the condition is subject to
the jurisdiction of the Fire Department or is a violation of the State
Fire Code or any fire regulation, in addition to enforcing this article,
he/she shall refer the matter to the Fire Chief and/or appropriate
state or city officials for action.
(e)
During investigation of the matter, the enforcing agent may consult,
but is not required to do so, with any interested party in an attempt
to obtain voluntary compliance with this article without the need
to issue a notice of violation.
(f)
Notice to complainant. In any matter in which a complaint has been
made by a person other than the enforcing agent, the enforcing agent
shall promptly notify the complainant in advance of all conferences
or proceedings concerning resolution of the nuisance complaint or
of any enforcement action, and the complainant shall be allowed to
be present and to be heard.
If the responsible party fails to remedy the nuisance caused
by a burnt or dangerous building, upon notice from the Inspector of
Buildings or his/her designee to do so, said Inspector of Buildings
or his/her designee may cause the nuisance to be removed as provided
in MGL c. 139 at the owner's expense. Any such debt shall constitute
a lien on the land upon which the nuisance was located as provided
in MGL c. 139, § 3A.
Any decision by the Inspector of Buildings or any other designated
enforcing agent that an activity may constitute a nuisance hereunder
may be appealed to the Waltham City Council.
The Inspector of Buildings shall annually in January, and as
may be requested, provide the City Council with a report that shall
include all complaints of nuisance made to him during the prior month;
all proceedings begun by him under this article; all pending complaints
and all investigations and enforcement actions taken by the enforcing
agent. The report shall state the location of the premises, a summary
of the nature of the complaint, the name of the responsible party(ies),
and the disposition or the status of the matter.
