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(A) The Commissioner and the Commissioner of the Inspectional Services Department and any designees thereof shall have the authority to inspect, enforce and impose penalties under this Section.
(1) Inspections.
(a) Authority. In order to properly carry out its respective responsibilities under this Section and to ensure that the public health, safety and environment are protected from the hazards posed by unsanitary and unhealthy conditions, the Inspectional Services Department is authorized:
1. To examine or survey at any reasonable time the premises of all large residential buildings; and
2. With prior notice to the owner or the owner’s authorized representative, to enter, examine or survey the large residential building.
(b) Systematic area inspections. The Inspectional Services Department is authorized to develop and adopt plans for systematic, periodic area-wide inspections of large residential buildings, their premises and the recycling facilities thereon.
(c) Interference with inspection.
1. If an owner or an owner’s authorized representative, having been notified pursuant to division (A)(1)(a) above, knowingly impedes, inhibits, interferes with, restricts or obstructs entry and free access to the large residential building or the premises where inspection is authorized by this Section, the Inspectional Services Department may seek in a court of competent jurisdiction an inspection warrant that allows for the inspection of the site and apprises said owner or owner’s authorized representative concerning the nature of the inspection, the scope of the inspection, the justification for the inspection, and may seek the assistance of the Police authorities in presenting said warrant.
2. If a resident or other person knowingly impedes, inhibits, interferes with, restricts or obstructs entry and free access to the large residential building or the premises where inspection is authorized by this Section, the Inspectional Services Department may seek in a court of competent jurisdiction an inspection warrant that allows for the inspection of the site and apprises said resident or other person concerning the nature of the inspection, the scope of the inspection, the justification for the inspection, and may seek the assistance of the Police authorities in presenting said warrant.
3. Nothing in these Subsections authorizes the Inspectional Services Department to inspect any areas other than the indoor common areas of a large residential building or the outdoor premises of the large residential building.
(2) Violation. Violations of this Section include, but are not limited to:
(a) The failure to provide access to the recycling programs and services in accordance with Subsection 7-13A.3;
(b) The failure to post a recycling guide in accordance with Subsection 7-13A.4 or to deliver a recycling guide to residents in accordance with Subsection 7-13A.4;
(c) The failure to comply with the requirements of this Section; and
(d) The interference with an inspection, including inspections conducted a pursuant to a validly issued inspection warrant, pursuant to division (A)(1)(c) above.
(3) Service of notice of violation. Notice of violation shall be served on the owners in the following manner:
(a) Personally, by any person authorized to serve civil process;
(b) By any person authorized to serve civil process by leaving a copy of the notice of violation at the last and usual place of abode of the violator;
(c) By sending a copy of the notice of violation by registered or certified mail, return receipt requested, if within the commonwealth; or
(d) If the last and usual place of abode of the owner is unknown or outside the commonwealth, by posting a copy of the notice of violation in a conspicuous place on or about the premises and by advertising it for at least three out of five consecutive days in one or more newspapers of general circulation within the city.
(4) Administrative hearings.
(a) Right to hearing. Any person upon whom a notice of violation has been served may request a hearing from the Inspectional Services Department by filing a written petition requesting a hearing on the matter with the Inspectional Services Department within seven days after the day the notice of violation was served.
(b) Hearing notice. Upon receipt of a petition, the Inspectional Services Department shall inform the petitioner of the date, time and place of the hearing in writing.
(c) Time for hearing. The hearing shall commence within 30 days after the day on which the notice of violation was served. The time period in which the cited violations must be remedied shall be stayed upon receipt of the petition for a hearing until such time as the hearing is held.
(d) Hearing of petitioner. At the hearing, the petitioner shall be given an opportunity to be heard, to present witnesses or documentary evidence and to show why the notice of violation should be modified or withdrawn. An official record shall be kept of the hearing proceedings and made available to the petitioner upon request. Failure to hold a hearing within the time period specified herein shall not affect the validity of any notice of violation.
(e) Final decision after hearing; failure to comply with final order.
1. Within seven days after the conclusion of the hearing, the Inspectional Services Department shall sustain, modify or withdraw the notice of violation and shall inform the petitioner in writing of its decision and the reasons therefor. If the Department sustains or modifies the notice of violation, said violation shall be remedied within the time period allotted in the original notice of violation or in the modification.
2. If a written petition for a hearing is not filed with the Inspectional Services Department within seven days after the notice of violation has been served or if after a hearing the notice of violation has been sustained in any part, then each day’s failure to comply with the notice of violation within the time allotted as issued or modified shall constitute an additional and separate violation.
(5) Judicial appeals. Any person aggrieved by a final decision of the Inspectional Services Department with respect to a notice of violation or any other order issued under these Sections by the Inspectional Services Department, may seek relief in any court of competent jurisdiction as provided by the laws of the commonwealth.
(6) Penalties.
(a) Failure to comply with Section. Failure to comply with the provisions of this Section shall result in the imposition of penalties by the Inspectional Services Department. For any failure to comply, the Inspectional Services Department shall have the authority to issue a written notice of violation and seek an injunction from a court of competent jurisdiction instructing the owner to comply with the requirements of this Section. Penalties shall be administered only in accordance with the provisions of this Section.
(b) Notice of violation. The Inspectional Services Department shall respond to an owner’s first failure to comply by issuing a notice of violation to an owner which shall provide an owner with 30 days to correct the violation.
(c) Failure to comply with notice of violation. An owner who fails to comply with any notice of violation or other order issued pursuant to these Sections by the Inspectional Services Department or its duly appointed Agents or representatives shall be subject to a fine of not less than $150 per violation per day and not more than $300 per violation per day.
(d) Injunctive relief. The Commissioner of Inspectional Services may, after an administrative hearing, seek an injunction from a court of competent jurisdiction instructing an owner to comply with a notice of violation.
(e) Interference after inspection warrant presented. An owner who refuses, impedes, inhibits, interferes with, restricts or obstructs entry and free access or neglects or fails to provide entry and free access to every part of the large residential building where inspection is sought under these Sections after an inspection warrant has been obtained and presented in accordance with these Sections, shall be subject to a fine not less than $150 and not more than $300 per day.
(f) Fines. All fines and penalties assessed and collected under this Subsection may be enforced pursuant to M.G.L. Chapter 40, Section 21D.
(7) Regulatory authority. The Commissioner and the Commissioner of Inspectional Services shall have the authority to promulgate rules and regulations necessary to effect and enforce this Section.
(8) Delegation of authority. The Commissioner and the Commissioner of Inspectional Services shall have the authority to delegate enforcement of this Section to any City Department authorized to enforce public safety, health or environmental laws and regulations.
(B) Nothing in these Sections shall prevent the Commissioner from developing incentive programs directed at owners for the successful and timely implementation of actions designed to provide residents with access to the city’s recycling programs and services.
(CBC 1985 7-13A.6; Ord. 2002 c. 1)
In an effort to evaluate the effectiveness of the recycling programs of the city and of large residential building in the city, the Department shall annually prepare a report regarding the city’s recycling programs, including the tonnage of recycled materials collected by the Department and the tonnage of trash collected by the Department. This annual report shall specifically and separately detail the recycled tonnage collected from large residential buildings. An original of this annual report shall be filed with the Boston City Clerk and with the Boston City Council no later than March 31 of each calendar year.
(CBC 1985 7-13A.7; Ord. 2002 c. 1)
The provisions of Section 7-13A shall be effective commencing on January 1, 2003. Nothing in this Section prohibits an owner from voluntarily providing recycling access to the residents of the owner’s large residential building and/or contacting the Recycling Coordinator in order to develop a site-specific recycling access strategy addressing the needs of the owner’s large residential building and/or otherwise taking steps in preparation for compliance with the provisions herein. An owner that provides recycling access to the residents of the owner’s large residential building that fulfills the requirements of this Section prior to January 1, 2003 and maintains conforming recycling access after January 1, 2003 shall be exempted from the provisions of these Sections.
(CBC 1985 7-13A.8; Ord. 2002 c. 1)
There is hereby established within the Environmental Health Office of the Department of Health and Hospitals or its successors an Indoor Air Quality Unit which is charged with monitoring the quality of air:
(A) In buildings to which the public has access which are not subject to monitoring by the United States Occupational Safety and Health Administration (“OSHA”) for air quality standards substantially as contemplated by its Proposed Indoor Air Quality Rule (59FR15968);
(B) In all public school buildings within the city;
(C) In all other buildings owned or leased by the city or any Agency or instrumentality thereof (except foreclosed real estate); and
(D) In any other structure in Boston where there is an apparent risk to health likely to be caused or aggravated by poor air quality.
(CBC 1985 7-14.1; Ord. 1996 c. 10)
(A) No less than twice each year, the Indoor Air Quality Unit shall inspect each school building, and, using as guidelines the then current recommendations and standards of OSHA and the Environmental Protection Agency, shall ensure that the air quality in each such building is appropriate to the maintenance of good health, with special regard to airborne pollutants in concentrations harmful to children. Each inspection shall include:
(1) Electronic environmental air quality monitoring;
(2) Visual inspection;
(3) Review of health complaint surveys, heating, ventilation and air conditioning evaluations, building inspection records; and
(4) Such other procedures as building history and inspection of similar structures suggest.
(B) In the event an inspection shall detect a situation likely to cause ill health, the Unit shall forthwith make written record thereof and report the same to the person in charge of the building, to the Superintendent of Schools and to the School Committee.
(C) The Unit shall cooperate with city and school officials and employees to take appropriate action to cure the situation and minimize adverse effect on the public health.
(D) In the event subsequent inspection, or other facts known to the Unit, indicate a failure to act with expedience toward correction of the situation, the Unit shall give immediate report to the Board of Health and Hospitals or its successors and to the Mayor.
(CBC 1985 7-14.2; Ord. 1996 c. 10)
(A) The Unit shall, from time to time, and when requested by the Officer having charge of a city owned or occupied buildings, or any other building upon request of the owner, inspect buildings owned or leased by the city, and, using as guidelines the then current recommendation and standards of OSHA and the Environmental Protection Agency, shall ensure that the air quality in each such building is appropriate to the maintenance of good health. Each inspection shall include:
(1) Electronic environmental air quality monitoring;
(2) Visual inspection;
(3) Review of health complaint surveys, heating, ventilation and air conditioning evaluations, building inspection records; and
(4) Such other procedures as building history and inspection of similar structures suggest.
(B) In the event an inspection shall detect a situation likely to cause ill health, the Unit shall forthwith make written record thereof and report the same to the person in charge of the building, and to the Mayor.
(C) The Unit shall cooperate with city officials and employees to take appropriate action to cure the situation and minimize adverse effect on the public health.
(D) In the event subsequent inspection, or other facts known to the Unit, indicates a failure to act with expedience toward correction of the situation, the Unit shall give immediate report to the Board of Health and Hospitals or its successors.
(CBC 1985 7-14.3; Ord. 1996 c. 10)
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