Loading...
16-51.2   Prohibition Against Possession.
   No person shall possess a device used to smoke freebase or crack cocaine known as a “crack pipe”. A crack pipe is generally made from a small glass tube that is on average, 4 inches to 5 inches long and approximately ¼ inch in diameter and is sometimes referred to as a “stem”, “horn”, “blaster” or “straight shooter”. Crack pipes sometimes contain a small paper flower and may be promoted as a romantic gift with the buyers usually requesting a “rose” or a “flower”.
(CBC 1985 16-51.2; Ord. 2007 c. 4)
16-51.3   Penalty.
   A violation of these Sections shall be punished by a fine in the amount of $300. Each and every crack pipe shall be considered to be a separate and distinct violation.
(CBC 1985 16-51.3; Ord. 2007 c. 4)
16-51.4   Implementation.
   The provisions of these Sections shall be effective immediately upon passage.
(CBC 1985 16-51.4; Ord. 2007 c. 4)
16-52   MAINTENANCE OF VACANT, FORECLOSING RESIDENTIAL PROPERTIES.
16-52.1   Purpose.
   (A)   It is the intent of this Section to protect and preserve public safety, security and quiet enjoyment of occupants, abutters and neighborhoods by:
      (1)   Requiring all residential property owners, including lenders, trustees and service companies, to properly maintain vacant and/or foreclosing properties; and
      (2)   Regulating the maintenance of vacant and/or foreclosing residential properties to prevent blighted and unsecure residences.
   (B)   The Commissioner of the Inspectional Services Department has enforcement authority pursuant to, inter alia, M.G.L. Chapter 143, Section 3, the commonwealth’s Building Code and the city’s Zoning Code.
   (C)   Delegation of authority: The Commissioner of the Inspectional Services Department may delegate enforcement of this Section to any City Department authorized to enforce public safety, health or environmental laws and regulations.
(CBC 1985 16-52.1; Ord. 2008 c. 1; Ord. 2014 c. 1 § 4)
16-52.2   Definitions.
   For the purpose of this Section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   CITY. The City of Boston.
   COMMISSIONER. The Commissioner of the Inspectional Services Department.
   DAYS. Consecutive calendar days.
   FORECLOSING. The process by which a property, placed as security for a real estate loan, is prepared for sale to satisfy the debt if the borrower defaults.
   INITIATION OF THE FORECLOSURE PROCESS. Taking any of the following actions:
      (1)   Taking possession of a residential property pursuant to M.G.L. Chapter 244, Section 1;
      (2)   Delivering the mortgagee’s notice of intention to foreclose to the borrower pursuant to M.G.L. Chapter 244, Section 17B; or
      (3)   Commencing a foreclosure action on a property in either the Land Court or Suffolk Superior Court.
   LOCAL. Within 20 driving miles distance of the property in question.
   MORTGAGEE. The creditor, including, but not limited to, service companies, lenders in a mortgage agreement and any agent, servant or employee of the mortgagee, or any successor in interest and/or assignee of the mortgagee’s rights, interests or obligations under the mortgage agreement.
   OWNER. 
      (1)   Every person, entity, service company, property manager or real estate broker, who alone or severally with others:
         (a)   Has legal or equitable title to any dwelling, dwelling unit, mobile dwelling unit or parcel of land, vacant or otherwise, including a mobile home park;
         (b)   Has care, charge or control of any dwelling, dwelling unit, mobile dwelling unit or parcel of land, vacant or otherwise, including a mobile home park, in any capacity including, but not limited to, agent, executor, executrix, administrator, administratix, trustee or guardian of the estate of the holder of legal title;
         (c)   Is a mortgagee in possession of any such property;
         (d)   Is an agent, trustee or other person appointed by the courts and vested with possession or control of any such property; or
         (e)   Is an officer or trustee of the association of unit owners of a condominium. Each such person is bound to comply with the provisions of these minimum standards as if he or she were the owner. However, this Section shall not apply to a Condominium Association created pursuant to M.G.L. Chapter 183A to the extent that such Association forecloses on or initiates the foreclosure process for unpaid assessments due or owing to the Association.
      (2)   OWNER also means every person who operates a rooming house; or is a trustee who holds, owns or controls mortgage loans for mortgage backed securities transactions and has initiated the foreclosure process.
   PROPERTY. Any real, residential property, or portion thereof, located in the city, including building or structures situated on the property. For purposes of this Section only, PROPERTY does not include property owned or subject to the control of the city or any of its’ governmental bodies. Such property includes, but is not limited to, property owned or controlled by the Boston Redevelopment Authority, Boston Housing Authority and Department of Neighborhood Development.
   RESIDENTIAL PROPERTY. Any property that contains one or more dwelling units used, intended or designed to be occupied for living purposes.
   SECURING. Measures that assist in making the property inaccessible to unauthorized persons.
   VACANT. Any property not currently legally occupied and not properly maintained or secured.
(CBC 1985 16-52.2; Ord. 2008 c. 1)
Loading...