[HISTORY: Adopted by the Annual Town Meeting
of the Town of Yarmouth 4-7-1981 by Art. 16.[1] Amendments noted where applicable.]
[1]
Editor's Note: This chapter was derived from
Section 6.33 of the Town of Yarmouth Bylaws and was originally adopted
by Special Town Meeting held on 8-24-1976 and 8-25-1976.
As used in this chapter, the following terms
shall have the meanings indicated:
The owner of any building and the owner's agent and employees,
and includes an individual, partnership, corporation, trust or association.
Tenant, lessee, holder of a lease and any licensee or invitee
of such tenant, and includes an individual, partnership, corporation,
trust or association.
No person shall rent or lease, or offer to rent
or lease, any building or any portion of a building to be used for
human habitation without first registering with the Board of Health,
which shall determine the number of persons such building or portion
of a building may lawfully accommodate under the provisions of the
Massachusetts State Sanitary Code, and without first also conspicuously
posting within such building or portion of a building a certificate
of registration provided by the Board of Health specifying the number
of persons such building or portion of a building may lawfully accommodate.
No tenant shall lease, rent or occupy any building
or any portion of a building subject to the provisions of this chapter
if, at the time of such lease, rental or occupancy, the number of
persons occupying such building or portion of a building exceeds the
number of persons authorized to occupy such building or portion of
a building by a certificate of registration, if issued and posted,
or, if no certificate of registration is issued or posted, the number
of persons that may be lawfully accommodated as determined by the
Board of Health under the Massachusetts State Sanitary Code.
[Amended 4-7-1981 by Art. 18, approved 8-4-1981]
There shall be a fee of $10 to procure a certificate
of registration, which shall be valid for one year or to December
31 of each year, whichever is sooner. Thereafter the permit shall
be annually renewed at a fee of $10 per year.
[Added 4-7-1981 by Art. 18, approved 8-4-1981]
A permit issued under this chapter shall be
revoked if, at any time, the licensing authorities are satisfied that
the licensee is unfit to hold the license. They may suspend and make
inoperative, for such period of time as they may deem proper, the
permit mentioned herein for any cause deemed satisfactory to them.
The revocation and suspension shall not be made until after investigation
and a hearing or after giving the licensee an opportunity to be heard.
Notice of the hearing shall be delivered to the permittee not less
than three days before the time of said hearing.
[Amended 4-7-1981 by Art. 18, approved 8-4-1981; 4-20-1982 by Art. 27,
approved 8-10-1982]
Any person or tenant violating any provision
of this chapter shall be punished by a fine of not more than $300.
Each day's violation constitutes a separate offense.
[Amended 4-7-1981 by Art. 18, approved 8-4-1981]
[Added 4-9-1985 by Art. 19, approved 6-6-1985]
The owners of all rental units, as defined in § 108-2, shall be required to certify annually that operating smoke detectors have been placed in the rental unit. The smoke detectors and locations thereof shall be satisfactory to the Yarmouth Fire Department.
