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In order to provide residents of the city with a sufficient supply of decent, affordable housing; to strengthen residential neighborhoods; to encourage public order; and to preserve the city’s tax base, no public institution shall remove from the market any residential unit, unless the Board after a public hearing grants a permit therefor. The Board may issue orders and promulgate regulations to effectuate the purposes of this Subsection, and to prescribe the procedure for applications, notice, hearings and the granting and withdrawal of permits. Copies of each application received hereunder shall be submitted for comment to the Institutional Expansion Board, the Police Commissioner and the Fire Commissioner.
(Ord. 1982 c. 39; CBC 1985 10-6.3)
In deciding whether to grant a permit under this Section, the Board shall grant a permit under this Section only if:
(A) No significant hardship will be imposed on the tenants residing in the residential units proposed to be removed;
(B) No significant aggravation of the shortage of decent rental housing accommodations, especially for families of low and moderate income and elderly people on fixed incomes, will result from the removal;
(C) No significant negative or adverse effect on the neighborhood in which the unit is located will result; and
(D) The benefits to the public institution seeking the permit will outweigh clearly and convincingly the adverse effects of such removal.
(Ord. 1982 c. 39; CBC 1985 10-6.4)
Any person who violates this Section shall be punished by a fine of not more than $500. The removal of each residential unit shall constitute a separate violation. In addition, any violation hereof which continues for more than 30 days shall be punished by a fine for every day beyond such 30 days of $200 a day.
(Ord. 1982 c. 39; CBC 1985 10-6.5)
The Collector-Treasurer shall publish biannually in the City Record and deliver to the Boston City Council on June 1 and December 1 in each year reports showing payments received in lieu of taxes from tax-exempt institutions for each assessable parcel, the fair market value of such properties and the percentage of value received in lieu of taxes. In addition, such reports shall identify the agreement pursuant to which such payments are being received by the city. Copies of such agreements shall be made available during business hours to the public in a convenient location in City Hall. The Assessor shall furnish the Collector-Treasurer with the assessments required to be published at least 30 days prior to the publishing.
(Ord. 1982 c. 39; CBC 1985 10-6.8)
(A) No building owned or constructively controlled by a public institution as defined in Subsection 10-6.1 and occupied in whole or in part as a residence for faculty, staff and students of an institution, and no building 25% of which is rented by a college or university for residential purposes shall be occupied without a license pursuant to the provisions of this Section. Hereafter, such buildings are referred to as “dormitories”, notwithstanding the fact that such buildings may not be dormitories within the meaning of another code or ordinance of the city.
(B) The Commissioner of Inspectional Services shall be responsible for the annual licensing of all dormitories. The Commissioner shall issue a license for each such building following inspection thereof provided:
(1) It complies with the commonwealth’s Building Code, being 780 CMR; the commonwealth’s Sanitary Code, being 105 CMR 400 and 410; and the Boston Zoning Code as evidenced by an appropriate established legal occupancy and a dormitory license issued by the Licensing Board for the city;
(2) It complies with the provisions of this Subsection as evidenced by a validly issued removal permit, or evidence that such structure met this division (B) prior to December 31, 1982; and
(3) The Public Institution which operates or proposes to operate the structure provides clear and convincing evidence of its ability to operate such structure in a manner consistent with the public health, safety and welfare. In order to ensure that the public health, safety and welfare have been fully satisfied, the Commissioner shall hold a public hearing with respect to any dormitory for which a license has been requested upon the written petition of ten residents of the city.
(C) In order to more fully protect the occupants of dormitories and neighbors thereto, the owner of each dormitory shall:
(1) Post and maintain on such structure adjacent to the mailboxes for such dwelling or elsewhere clearly visible to residents and non-residents a notice, not less than 20 square inches in size bearing the information required by M.G.L. Chapter 143, Section 35 and the names and telephone number of:
(a) The person(s) supervising said dormitory for the college or university administrative Office; and
(b) The resident described in division (C)(2) below.
(2) Have a person of legal age resident in each dormitory responsible for emergencies; and
(3) Conspicuously post its license under this Subsection in the location required by division (C)(1) above.
(D) The annual fee for each such license shall be $50 plus $5 for each bed or sleeping place contained therein.
(E) The license required by this Subsection shall be in addition to any and all other licenses which may be required by any other law, ordinance or regulation, it being the intent hereof to establish additional controls with respect to institutional use and to that end this Section shall be construed as supplementing prior enactments rather than replacing any of them.
(Ord. 1982 c. 39; CBC 1985 10-6.9) Penalty, see Subsection 10-6.5
The Fire Commissioner, or his or her designee, shall annually inspect each dormitory herein to ensure full compliance with all fire and safety regulations. If a dormitory is in full compliance with said regulations, the Commissioner shall issue a permit which permit shall be prominently posted. The fee for each such permit shall be $50.
(Ord. 1982 c. 39; CBC 1985 10-6.10)
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