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The purpose of this Section is to empower the city to Police properties that have become a public nuisance by exhibiting a notorious atmosphere of criminal and other disturbing activity so elevated as to endanger the common good and general welfare of a specific neighborhood or the city in general.
(CBC 1985 16-57.1; Ord. 2011 c. 10)
For the purpose of this Section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
PROBLEM PROPERTY. Meets the following criteria:
(1) The Boston Police Department has been called to the property not fewer than four times within the preceding 12-month period for any incident involving any criminal offense including, but not limited to, disturbing the peace, trespassing, underage drinking or assault;
(2) The Air Pollution Control Commission has received not fewer than four sustained complaints for noise within the preceding 12-month period; or
(3) The Inspectional Services Department or the Public Health Commission have received not fewer than four sustained and upheld complaints within the preceding 12-month period for noxious, noisome or unsanitary conditions. Provided, however, that in making a final designation of a property as a
PROBLEM PROPERTY, the Chair of the Task Force shall take into consideration the nature of the complaints, the number of dwelling units at the property and the nature of the use of said property.
PUBLIC NUISANCE. An unreasonable interference with a right common to the general public, such as a condition dangerous to health, offensive to community moral standards or that otherwise threatens the general welfare of a neighborhood or the city in general through documented pervasive criminal activity, code violations or other causes precipitating the deployment of any city resource.
(CBC 1985 16-57.2; Ord. 2011 c. 10)
Any property in the city that is found by the Mayor’s Problem Properties Task Force to be a problem property as defined in Subsection 16-57.2 shall constitute a public nuisance. The Chair of the Task Force shall formally communicate to the Mayor, and the Council President, that a property falling within the definition of problem property is a public nuisance. The Chair of the Task Force shall designate the appropriate member of the Task Force to notify the owner of the property by regular and certified mail and the tenants by affixing a notice of the violation to the front door.
(CBC 1985 16-57.3; Ord. 2011 c. 10)
After declaring the problem property a public nuisance, the members of the Task Force heading the originating Department or the designee of the Chair of the Task Force shall issue a citation to any or all of the tenants and the owner of the property immediately for perpetuating the public nuisance at the time of any incident requiring the deployment of any City resources or personnel following the property being placed on the problem properties list.
(CBC 1985 16-57.4; Ord. 2011 c. 10)
Any tenant residing within or owner of a problem property declared to be a public nuisance cited under this chapter with violations prescribed by the commonwealth’s Sanitary Code or the commonwealth’s Building Code shall be fined up to $300 for each criminal or non-criminal citation authorized by said codes caused by their acts or omissions subsequent to the property being added to the problem property list. If the violation is ongoing, each day that the violation persists will constitute a separate violation for which an additional $300 fine will be imposed.
(CBC 1985 16-57.6; Ord. 2011 c. 10)
Any owner of a property determined to be a problem property shall file a management plan with the Inspectional Services Department, within 30 days of having been deemed a problem property that outlines and verifies the owner’s strategy and steps devised to bring the property up to code.
(CBC 1985 16-57.7; Ord. 2011 c. 10)
(A) (1) In order for a property to be removed from the problem properties list by the Problem Properties Task Force, an owner must file with the Inspectional Services Department a sworn statement following an inspection certifying that the property is in compliance with the minimum standards of human habitability for a residential dwelling as set forth in the commonwealth’s Sanitary Code, being 105 CMR 400 and 410, as it may be adopted or amended from time to time. The inspection shall be performed and the sworn statement shall be signed by an Authorized Inspector which shall be defined as a person who:
(a) Is a commonwealth-registered Sanitarian or a commonwealth-certified Health Officer or a commonwealth-certified Home Inspector;
(b) Has demonstrated a proficiency in the application of the commonwealth’s Sanitary Code by satisfactorily completing the ISD certificate program for qualifying authorized professionals to perform inspections under Subsection 9-1.3; and
(c) Has been issued a certificate of completion upon payment to ISD of $125.
(2) An authorized inspector shall be prohibited from charging more than 133% of the fee charged by the city for an inspection performed under this Section.
(B) This Section shall not apply to problem properties which have been designated due to valid Police complaints.
(CBC 1985 16-57.8; Ord. 2011 c. 10)
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