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9-10.3   Other City Agencies.
   The services of all City Departments, Agencies and other Commissions shall be made available to the Commission for the purposes of effectuating the provisions of this Section. The Head of any Department, Agency or other Commission shall furnish information in the possession of such Department, Agency or other Commission when the Commission so requests and where such information relates to the duties of the Commission.
(Ord. 1983 c. 13; CBC 1985 9-10.3)
9-10.4   Rules and Regulations.
   The Commission shall promulgate such rules and regulations consistent with the provisions of this Section and the laws of the commonwealth as shall further the provisions of this Section. The Commission shall adopt rules of procedure for conducting hearings.
(Ord. 1983 c. 13; Ord. 1984 c. 6; CBC 1985 9-10.4)
9-10.5   Severability.
   The provisions of this Section are severable and if any provision shall be held to be unconstitutional or otherwise invalid by any court of competent jurisdiction, then such provision shall be considered separately and apart from the remaining provisions of this Section, which shall remain in full force and effect.
(Ord. 1983 c. 13; CBC 1985 9-10.5)
9-11   SECURITY IN ELDERLY/HANDICAPPED HOUSING DEVELOPMENTS.
9-11.1   Definitions.
   For the purpose of this Section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   BUILDING ENTRANCE. An entrance providing access from outside the building or from an entry vestibule to an interior corridor, lobby or stairway which leads to an individual dwelling unit.
   BUILDING PERMIT. A permit granted by the Inspectional Services Department for the construction of any building or for any substantial alteration or addition thereto, as defined in M.G.L. Chapter 143, Section 1.
   DWELLING UNIT. The part of a building that is used as a home, residence or sleeping place by one or more persons who maintain a household.
   ELDERLY PERSON. Any person who is at least 62 years of age.
   HANDICAPPED PERSON. Any person who is physically handicapped as defined in M.G.L. Chapter 22, Section 13A or mentally handicapped as defined by 29 U.S.C. § 705(20).
   ELDERLY/HANDICAPPED MULTI-FAMILY HOUSING DEVELOPMENT. Any building, structure, development or complex of ten or more dwelling units under common ownership, rented or offered for rent for dwelling purposes within the city, which is specifically designed or designated for rental by elderly or handicapped persons.
   LANDLORD. The individual who holds title to any elderly/handicapped multi-family housing development including, without limitation, a partnership, corporation or trust. For purposes of this Section, the rights and duties of the LANDLORD hereunder shall be the obligation of anyone who manages, controls or customarily accepts rent on behalf of the LANDLORD.
   SAFETY OFFICER. A Police Officer of the city, or a special Police Officer appointed pursuant to applicable law to protect persons or property in public or subsidized housing, or a person employed as a guard or investigator by a duly licensed watch, guard or patrol agency, as defined in M.G.L. Chapter 147, Section 22.
   SECURITY PLAN. A plan for providing security for the tenants of an elderly/handicapped multi-family housing development, based upon a crime prevention survey, which meets the criteria set forth in Subsection 9-11.3 and which has been developed according to the process set forth in Subsection 9-11.4.
   TENANT. A tenant, subtenant, lessee, sublessee or other person, entitled under the terms of a rental housing agreement to the use and occupancy of any dwelling unit in an elderly/handicapped multi-family housing development.
(CBC 1985 9-11.1; Ord. 1989 c. 4 § 1 [500])
9-11.2   Security Requirements for Elderly/Handicapped Multi-Family Housing Developments.
   (A)   The Commissioner of the Inspectional Services Department shall promulgate regulations, pursuant to his or her authority under M.G.L. Chapter 111, Section 127A, and consistent with the requirements of the commonwealth’s Sanitary Code and this Section. These regulations shall take effect within 90 days of the effective date of this Section, and shall require that every landlord of an elderly/handicapped multi-family housing development, within 30 days of receipt of notice from the Commissioner, either elect to:
      (1)   Provide Safety Officers for such development on a 24 hour per day, seven day per week basis. The Safety Officers’ duties shall include, without limitation, the monitoring of all building entrances in such elderly/handicapped development; or
      (2)   Provide security measures as identified in a security plan which has been developed and approved in compliance with the provisions of Subsections 9-11.3 and 9-11.4.
   (B)   Thereafter, once a landlord has elected to either provide Safety Officers as provided above or to provide a security plan, the landlord shall have the continuing duty to provide such Officers or to provide the security measures identified in the security plan. A landlord may choose, after initially electing one of the above alternatives, to switch to the other with approval of the Inspectional Services Department, but must continue to provide Safety Officers or the security measures mandated by the security plan pending such approval. The landlord’s submission seeking approval for a switch in alternatives must be carried out in accordance with Subsections 9-11.3 and 9-11.4. Failure to continue to provide Safety Officers or the security measures mandated by a security plan shall constitute a violation of this Section and shall be subject to enforcement under Subsection 9-11.6.
   (C)   The Commissioner shall, within 90 days of the effective date of this Section, identify all elderly/handicapped developments within its scope. In identifying these developments, the Commissioner shall consult with the Commissioner for the Elderly. Thereafter, the Commissioner shall notify all landlords of elderly/handicapped developments of the operation of this Section, and of their duty to elect to either provide Safety Officers on a 24-hour basis, or to request a crime prevention survey. Such notices shall be sent out on a phased basis so that, within a 12-month period, all elderly/handicapped developments within the city shall have received such notices. Copies of this Section and the Commissioner’s regulations shall be provided at no cost whenever an applicant seeks a building permit for an elderly/handicapped housing development covered by this Section.
   (D)   If, within 30 days after receipt of a notice under this Subsection or a notice of non-compliance under Subsection 9-1.6 for failure to provide Security Officers or have an approved security plan, a landlord has requested a crime prevention survey by the Boston Police Department, triggering the first stage in the provision of a security plan, the landlord shall be relieved of the responsibility of providing Safety Officers as required above unless and until a security plan has been approved.
(CBC 1985 9-11.2; Ord. 1989 c. 4 § 1 [501])
Editor’s note:
   This Section was adopted by Ordinances of 1989, Chapter 4, on February 8, 1989, and approved by the Mayor on February 27, 1989.
9-11.3   Criteria for a Security Plan.
   (A)   A security plan shall be based upon a crime prevention survey which has been completed by the Boston Police Department, and shall incorporate all of the elements recommended by the crime prevention survey for the adequate protection of the tenants of the elderly/handicapped development, except as otherwise provided in Subsection 9-11.4. Each crime prevention survey shall include both findings as to the security needs of the tenants of the development and recommendations as to how such needs shall be met through existing or new security measures, such as lighting, locks, Safety Officers, security stations, security systems or other equipment, personnel or programs. Each survey shall also include a one-page summary, on official Boston Police Department stationery, itemizing the elements recommended.
   (B)   A new crime prevention survey must be performed every three years. If a building permit is required by the Inspectional Services Department for substantial structural changes in the building entrances to an elderly/handicapped development before the expiration of the three-year period since a survey was last performed, a new crime prevention survey must be performed upon submission of the building permit application.
   (C)   The landlord shall be responsible for arranging for a crime prevention survey by the Boston Police Department, and shall notify the Commissioner of the Inspectional Services Department in writing at the same time that he or she requests such survey from the Boston Police Department. No fee shall be assessed to the landlord for such survey. The Boston Police Department shall carry out such crime prevention survey and provide a copy of the same to the landlord and the Inspectional Services Department upon completion, as provided for in Subsection 11-1.7 as amended. Such surveys shall be carried out on a phased basis parallel to that of the notices sent under Subsection 9-11.2 by the Commissioner of Inspectional Services. Such surveys shall be completed within 30 days of receipt of the landlord’s request for a crime prevention survey.
(CBC 1985 9-11.3; Ord. 1989 c. 4 § 1 [502])
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