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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)
The Inspectional Services Department shall, no later than three months after the one-year anniversary of the enactment date of this Section, dispatch to the Mayor and Boston City Council’s Committee on Government Operations, a report on all problem properties that were on the problem properties list during the preceding year.
(CBC 1985 16-57.10; Ord. 2011 c. 10)
(A) (1) For purposes of this Section, the terms
SATELLITE DISH and ANTENNA have the same meaning as that provided for by the Federal Communications Commission’s rules at 47 C.F.R. § 1.4000. SATELLITE DISH and ANTENNA shall mean such device that is one meter or less in diameter, and is designed to receive broadcast satellite service, including direct-to-home satellite services or to receive or transmit fixed wireless signals via satellite; or receive video programming services via wireless cable or to receive or transmit fixed wireless signals other than satellite; or to receive television broadcast signals. Hereinafter, the terms SATELLITE DISH and ANTENNA shall be referred to collectively as eligible devices.
(2) It is further defined that eligible devices are those actively subscribed or used by OTARD users, and such use and subscription are not effectively terminated or expired.
(B) (1) An
OTARD USER is defined as any person who requested the installation of eligible devices or actively subscribed the services via the eligible devices defined in division (A) above. The OTARD users, either an individual or legal person, or any combination of both, must have certain leasehold or a proprietary interest in the properties where the eligible devices are installed or used.
(2) The other responsible parties are anyone other than OTARD users, who can be either an individual or legal person, or any combination of both, and who are responsible for maintenance and removal of OTARD devices.
(C) An
OTARD INSTALLER is defined as any person who installed eligible devices upon request of OTARD user defined in division (B) above The OTARD INSTALLER can be individuals or legal persons or any combination of both. The installers include their affiliate service providers.
(D) NON-USE DEVICES are not eligible devices, and they are not actively subscribed or used by the OTARD users or their use and subscription are effectively terminated or expired.
(E) The
DEPARTMENT means the Inspectional Services Department of the city.
(F) A
UNIFIED STATEMENT means a written form approved by the Department, which includes, but not limited to, the following:
(1) The name, address and contact information of OTARD user(s), including the valid contact information of the property owner if the user is not the owner;
(2) The name, address and valid contact information of OTARD installers;
(3) The street address of the property where the OTARD is installed and approximate location of installation;
(4) The statement that the eligible devices installed are actively subscribed and used by OTARD users, and maintained or removed, if use and subscription are effectively terminated or expired by such user(s) or other responsible party, and their valid contact information;
(5) If applicable, a statement by OTARD installers or users that there is no alternative location available within the properties without unreasonable increase of cost of installation, use or maintenance or lack of installation will impair the OTARD users ability to receive acceptable quality signals;
(6) If applicable, legitimate safety hazard being appropriately addressed; and
(7) If applicable, any information on existing non-use devices, and their removal status.
(CBC 1985 16-58.2; Ord. 2012 c. 3)
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