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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)
Should the owner of a property placed on the problem properties list not respond to the Problem Properties Task Force notification within 60 days, the Inspectional Services Department is authorized to petition the Housing Court for the appointment of a receiver to rehabilitate that property.
(CBC 1985 16-57.9; Ord. 2011 c. 10)
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