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CITY OF BOSTON CODE OF ORDINANCES
THE CHARTER OF THE CITY OF BOSTON
CHAPTER I: GENERAL PROVISIONS
CHAPTER II: FORM OF GOVERNMENT
CHAPTER III: ACQUISITION AND DISPOSITION OF PROPERTY
CHAPTER IV: CONTRACTS
CHAPTER V: ADMINISTRATION
CHAPTER VI: GENERAL SERVICES
CHAPTER VII: ENVIRONMENTAL PROTECTION
CHAPTER VIII: DEVELOPMENT
CHAPTER IX: BUILDING REGULATIONS
CHAPTER X: HOUSING SERVICES
CHAPTER XI: PUBLIC SERVICES
CHAPTER XII: PUBLIC HEALTH AND WELFARE
CHAPTER XIII: NATURAL GAS
CHAPTER XIV: LICENSING AND CONSUMER BOARDS, COMMITTEES AND OFFICERS
CHAPTER XV: DIVISIONS OF THE MAYOR’S OFFICE
CHAPTER XVI: PROHIBITIONS, PENALTIES AND PERMITS
CHAPTER XVII: LICENSES AND REGULATIONS AFFECTING CERTAIN TRADES
CHAPTER XVIII: FEES AND CHARGES
CHAPTER XIX: SCHOOLS
CHAPTER XX: CHARITABLE INSTITUTIONS
CHAPTER XXI: MISCELLANEOUS PUBLIC BUILDINGS
CHAPTER XXII: SUFFOLK COUNTY
CHAPTER XXIII: TRASH AND REFUSE DISPOSAL
CHAPTER XXIV: BOSTON JOBS, LIVING WAGE AND PREVAILING WAGE ORDINANCE
PARALLEL REFERENCES
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12-3.3   Creating Centers for Older Americans.
   (A)   There shall be in the city, under the auspices of the Commission on Elderly Affairs, a Division of Center for Older Americans.
   (B)   Said Division shall establish centers throughout the city, to provide for and accommodate the needs of the elderly.
   (C)   Said centers shall be staffed and operated by the elderly.
(Ord. 1975 c. 10; CBC 1975 Ord. T12 § 102; CBC 1985 12-3.3)
12-3.4   Home Repair Program for Seniors.
   (A)   There shall be in the city, within the Commission on Affairs of the Elderly, a program known as the Home Repair Program for Seniors, which shall be administered by the Commissioner. Said program shall facilitate repairs which are non-structural in nature to homes owned and occupied by elderly persons, and to units rented by elderly persons in buildings of four or fewer units. The Commissioner shall make every effort to utilize technical and vocational students from the Boston Public School system to make such repairs. The Commissioner shall coordinate funding for the program from federal, commonwealth and private sources and shall work with private, non-profit Agencies which conduct similar programs to ensure that such work is fairly and equitably performed on a city-wide basis.
   (B)   The program described herein shall be administered totally by the Neighborhood Development and Employment Agency (“NDEA”) of the city.
(Ord. 1984 c.27; CBC 1985 12-3.4)
12-3.5   Senior Citizen Property Tax Work-Off Abatement.
   (A)   Authority and purpose. The purpose of these provisions is to provide the senior citizens of the city with the opportunity to reduce their real estate tax bills through a program utilizing certified volunteer services. The authority for these provisions is found in M.G.L. Chapter 59, Section 5K.
   (B)   Acceptance of the local option in M.G.L. Chapter 59, Section 5K. Enactment of these provisions shall be deemed an official action of the city to accept the provisions of M.G.L. Chapter 59, Section 5K, as amended, and the Senior Citizen Property Tax Work-Off Abatement Program (“Program”) is hereby authorized and created pursuant to the provisions of these Sections.
   (C)   Definitions. For the purposes of this Section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
      CITY. The City of Boston.
      COMMISSION. The Elderly Commission of the city or the successor thereto.
      COMMONWEALTH. The Commonwealth of Massachusetts.
      PARTICIPANT. Any person participating in the program. No person is eligible to become a PARTICIPANT until attainment of his or her sixtieth birthday.
      PROGRAM. The Senior Citizen Property Tax Work-Off Abatement authorized and created by these Sections and any programs created thereunder.
   (D)   Administration. The Commission shall implement and administer the program. The Commission shall have the authority to promulgate rules, procedures and regulations for implementation and administration of the program that are consistent with the intent of M.G.L. Chapter 59, Section 5K and consistent with the provisions of these Sections including, but not limited to, setting any limitations on the eligibility of participants such as income limitations, asset limitations, limitations on the number of participants and the work to be performed and any limitation of eligibility to a tax reduction on a participant’s domicile. The Commission shall coordinate with the Offices, Agencies, Commissions, Departments or other organizations of the city to receive and utilize certified volunteer services under the program.
   (E)   Participants.
      (1)   (a)   In accordance with M.G.L. Chapter 59, Section 5K, a participant must:
            1.   Be over 60 years of age as of the January 1 preceding the start of the fiscal year at issue; and
            2.   Be the assessed owner of the property on which the tax to be abated is assessed or have acquired ownership before the certified volunteer work is performed, and if the property is subject to a trust then the participant must have legal title (i.e., have the status of a trustee for the trust) and be a beneficiary under such trust on the applicable January 1 assessment date or at the time the work is performed.
         (b)   Participants may earn a maximum abatement of $1,500 per fiscal year and may not receive credit for the certified volunteer services at an hourly rate higher than the minimum wage for the commonwealth, nor shall the hourly rate be less than the federal minimum wage unless the commonwealth or the city is advised by the Wages and Hours Division of the United States Department of Labor that the Fair Labor Standards Act, being 29 U.S.C. §§ 201 et seq., does not apply to the program.
      (2)   The number of participants shall be limited to 100 through fiscal year 2021. The maximum number of participants may be amended by written order of the Commission subsequent to permanent adoption of these Sections.
      (3)   Participants shall be determined by the Commission by the chronological order of the applicants’ submission of a complete and qualifying application. In no event shall a person be eligible for the program as a participant if such person’s income exceeds $40,000 for a single applicant or, if married, combined income with his or her spouse shall not exceed $55,000.
   (F)   Certification of volunteer services.
      (1)   The Commission shall require the Offices, Agencies, Commissions, Departments or other organizations of the city receiving and utilizing certified volunteer services under the program to certify to the Commission the hours of services performed by a participant.
      (2)   The Commission must certify to the Assessor of the city the hours of services performed by a participant before the actual tax for the fiscal year is committed and must state the amount actually earned as of the date of the certification. Services performed after that date are credited toward the next fiscal year’s actual tax bill to the extent consistent with the Commission’s rules for the program. The Commission shall provide a copy of the certification to the participant before the tax bill is issued.
   (G)   Exemptions. Abatements earned by a participant under the program shall not affect a participant’s eligibility for any property tax exemptions.
   (H)   Annual report.
      (1)   In an effort to evaluate the effectiveness of the program, the Commission shall, at the close of each fiscal year, prepare a detailed report relevant to the program, including, but not limited to:
         (a)   The name of each and every person that received an abatement under the program, the number of hours certified and the amount of the respective abatement;
         (b)   The address of each and every property that received an abatement under the program and the amount of the respective abatement;
         (c)   The name of each and every Office, Agency, Commission, Department or other organization that received volunteer services under the program;
         (d)   The total number of hours certified under the program;
         (e)   The total number (quantity) of abatements applied under the program;
         (f)   The total amount (value) of abatements applied under the program; and
         (g)   A complete delineation of the costs associated with administering the program.
      (2)   The annual report shall be filed with the Boston City Clerk no later than September 1 of each calendar year, and the Boston City Clerk shall file the annual report with the Boston City Council within two weeks of receipt thereof.
   (I)   Implementation. The provisions of this Subsection shall be effective immediately, but, in accordance with the requirement in M.G.L. Chapter 59, Section 5K to explicitly state the fiscal year in which the program will be first available, the abatements may not be earned by a participant nor may the abatements be applied to any real estate taxes until the commencement of fiscal year 2008 (i.e., July 1, 2007).
   (J)   Severability. If any provision of this Section shall be held to be invalid by a court of competent jurisdiction, then such provision shall be considered separately and apart from the remaining provisions, which shall remain in full force and effect.
   (K)   In accordance with M.G.L. Chapter 59, Section 5K, as amended, the Senior Citizen Property Tax Work-Off Abatement is hereby adopted for a period of five years, terminating at the close of Fiscal Year 2021 (i.e., June 30, 2021), but may be extended upon the approval of the Mayor of the city and the Boston City Council which shall be supplied no sooner than September 1, 2020, and no later than December 31, 2020.
(CBC 1985 12-3.5; Ord. 2006 c. 1; Ord. 2007 c.5; Ord. 2011 c. 7; Ord. 2016 c. 10 §§ 1-6; Ord. 2017 c. 6 § 1)
12-4   COMMISSION FOR PERSONS WITH DISABILITIES.
12-4.1   Definitions.
   For the purpose of this Section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   ACCESSIBILITY. The elimination of all barriers including environmental, procedural, attitudinal and communication barriers which can prevent persons with disabilities from equal opportunity.
   ATTITUDINAL BARRIERS. Presumptions or feelings regarding physical or mental disabilities and/or persons with disabilities, which can, in themselves, obstruct the access of persons with disabilities to equal opportunities.
   EFFECTIVE COMMUNICATION METHODS. The use of communication aids, including brailled or taped materials, readers and machines that enlarge print for persons with visual limitations. Such methods shall also include the use of certified interpreters for persons who are deaf and telecommunication devices for those who have hearing or speaking limitations.
   MAJOR LIFE ACTIVITY. A function including, but not limited to, caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning and working.
   MENTAL IMPAIRMENT. Any mental or psychological disorder including, but not limited to, mental retardation, organic brain syndrome, emotional or mental illness and specific learning disabilities.
   PERSONS WITH DISABILITIES. Persons who:
      (1)   Have a physical, mental or sensory impairment which substantially limits one or more of such person’s major life activities;
      (2)   Have a record of such impairment; or
      (3)   Are regarded as having such an impairment.
   PHYSICAL IMPAIRMENT. Any physiological disorder or condition, cosmetic disfigurement or anatomical loss affecting one or more of the following body systems or organs: the neurological, musculoskeletal, cardiovascular, reproductive, digestive, genito-urinary, skin, endocrine and hemic and lymphatic body systems; special sense organs and respiratory organs, including speech organs.
   SECTION 504. Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794).
   SENSORY IMPAIRMENT. Any sensory disorder, condition or anatomical loss of the special sense organs.
(Ord. 1971 c. 3; Rev. Ord. 1961 (Sup. 1971) c. 20A § 1, CBC 1975 Ord. T12 § 150; CBC 1985 12-4.1; Ord. 1987 c. 13 § 1)
12-4.2   Purpose.
   The Commission’s purpose is to facilitate full and equal participation in all aspects of life by all persons with disabilities in the city. To accomplish its purpose, the Commission will aim to reduce the architectural procedural attitudinal and communication barriers which affect persons with disabilities.
(Ord. 1971 c. 3; Rev. Ord. 1961 (Sup. 1971) c. 20A § 2; CBC 1975 Ord. Tl2 § 151; CBC 1985 12-4.2; Ord. 1987 c. 13 § 1)
12-4.3   Composition, Appointment, Term and Compensation.
   (A)   There shall be in the city a Board known as the Commission for Persons with Disabilities, consisting of an Officer known as the Commissioner for Persons with Disabilities Commission, 13 other members, who shall be associate members of the Commission.
   (B)   The Commissioner and the associate members shall be appointed by the Mayor for the term expiring on the first Monday of the January following the next biennial municipal election at which a Mayor is elected, and each shall serve until his or her successor is duly appointed.
   (C)   The Commissioner shall be a full-time employee of the city and shall be paid compensation. The associate members shall serve without compensation, but each shall be entitled to reimbursement for his or her reasonable expenses actually and necessarily incurred in the performance of his or her duties as an Associate Commissioner. The associate members shall be considered special municipal employees for the purposes of M.G.L. Chapter 268A.
   (D)   The associate members shall be qualified by training, experience and demonstrated interest in the rights and equal opportunities of persons with disabilities. A majority of the associate members shall be persons with disabilities, with at least one being blind or legally blind, one being deaf or hard of hearing and the others, comprising the majority, being persons with representative types of disabilities. The associate members shall be representative of the community in terms of race, religion, age and gender.
(CBC 1985 12-4.3; Ord. 1987 c. 13 § 1; Ord. 2016 c. 15 § 1)
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