[MassHistPres] Demolition by Neglect Examples
Chris Skelly
Skelly-MHC at comcast.net
Thu Aug 23 13:11:19 EDT 2007
Since many of you are requesting copies, I’ll post all three here.
Chris.
LOWELL
COMMONWEALTH OF MASSACHUSETTS
In City Council
CITY OF LOWELL
ORDINANCE
An Ordinance Amending the "Code of Ordinances City of Lowell,
Massachusetts' as amended, Chapter 10 thereof entitled 'Health and
Sanitation," by adding a new section entitled "Minimum Exterior
Standards for Structures."
WHEREAS, the property values and general welfare of the community are
founded, in part, upon the appearance and maintenance of private
properties; and
WHEREAS, it is determined exterior conditions of certain buildings and
structures have from place to place throughout the City, fallen below
the standards of minimum maintenance, as defined herein; and
WHEREAS, it is determined there is a need for the creation of certain
standards of minimum maintenance as to the exterior of buildings and
structures within the City of Lowell; and
WHEREAS, it is determined the existence of such conditions, as described
in this article as "substandard conditions," are injurious to the public
health, safety, and welfare of the residents of the City; and contribute
substantially to the deterioration of the neighborhoods, and their
property value; and
WHEREAS, it is determined corrective measures in the form of minimum
maintenance standards are required to alleviate such existing
substandard conditions, which would lead to the depreciation of the
social and economic standards of the community; and
WHEREAS, it is determined the abatement of such substandard conditions
will improve the general welfare and image of the City; and
WHEREAS, it is determined the establishment of certain standards of
minimum maintenance, as described in this Ordinance, reasonably relates
to the proper exercise of the City's police power, as set forth in
Massachusetts General Laws, Chapter 111, to protect the health, safety,
and general welfare of the public. Now, therefore; be it ordained by the
City Council of the City of Lowell, as follows:
"The Code of Ordinances City of Lowell, Massachusetts" hereinafter
called the "Code," adopted by the City Council on April 26, 1988, as
subsequently amended, hereinafter called the Lowell City Code, is hereby
further amended with respect to Chapter 10 thereof entitled "Health and
Sanitation," by adding at the end of Article II thereof, new sections
10-47 through 10-62 as follows:
SECTION 10-47: PURPOSE AND SCOPE
Purpose - the purpose of this Ordinance is to promote the public health,
safety, morals and welfare of the citizens of the City of Lowell by
protecting and preserving the neighborhoods of the City against
hazardous, blighting, and deteriorating influences or other such
substandard conditions by establishing standards of minimum maintenance
for the exterior of all buildings and structures.
Scope - the Ordinance shall apply to the exterior maintenance of all
buildings and structures within the City of Lowell, except where such
buildings and structures are otherwise specifically provided for by
other applicable City rules and regulations. The provisions of this
Ordinance shall control all matter of exterior standards for buildings
and structures. whether vacant or occupied, and all parts thereof.
SECTION 10-48: DEFINITIONS
Building - A structure enclosed with exterior walls or firewalls, built,
erected and framed of any materials or any combination thereof, whether
portable or fixed, having a roof, to form a structure for the shelter of
persons, animals, or property. For the purpose of this definition, roof
shall include an awning or similar covering, whether or not permanent in
nature. The word "building" shall be construed where the context
requires as though followed by the words "or part or parts thereof."
Owner - As used in this Ordinance, shall mean every person, alone or
severally with others, who:
1) has legal title to any building or parcel of land, vacant or
otherwise; or
2) has care, charge or control of any building, or parcel of land,
vacant or otherwise, in any capacity including but not limited to agent,
executor, executrix, administrator, administratrix, trustee or guardian
of the estate of the holder of legal title; or
3) is a mortgagee in possession of any such property; or
4) is an agent, trustee or other person appointed by the courts and
vested with possession or control of any such property.
SECTION 10-49; MINIMUM STANDARDS FOR EXTERIOR MAINTENANCE OF
BUILDINGS OR STRUCTURES.
The exterior of all buildings and structures within the City of Lowell
shall comply with the following standards of minimum maintenance:
(a) Foundations.
All foundations shall be free of holes and breaks and shall safely
support the structure at all points. All foundation walls shall be kept
in good, safe, sound condition and free of holes, cracks and breaks.
(b) Exterior Walls.
All exterior walls and trim shall be free of holes, breaks, loose or
rotting boards or timbers, or paint that is deteriorated, as indicated
by peeling, flaking, cracked, blistering or mildew, resulting in
exposed, bare, unprotected surfaces and other conditions which might
admit rain or dampness to interior portions of the walls or to the
occupied spaces of the building. The exterior surface siding shall be
maintained weatherproof and shall be surface coated to prevent
deterioration. All exterior walls and trim shall be kept painted,
treated, sided or otherwise maintained to as to be substantially
weatherproof and neat in appearance.
(c) Roofs.
The roof shall be structurally sound, weather tight and have no defects
which might admit rain water. Water from roofs shall be conveyed so as
to prevent wet floors, walls, ceilings or a nuisance to adjacent
buildings or overflowing on abutting properties.
(d) Chimneys, Flues, Clean-out and Vents.
All Chimneys and similar appurtenances or attachments shall be
maintained structurally sound, in good repair and safe to use.
(e) Porches, Stairs and Handrails.
Every exterior stair, porch, balcony and all appurtenances attached
thereto shall be structurally sound and no part thereof shall show
excessive wear, or be broken, cracked, or loose. Carpeting or other
covering on stairs and porches shall be maintained in a safe condition.
Guardrails shall be firmly fastened and maintained in good condition and
new or replacement guardrails shall comply with the provisions of the
Building Code.
(f) Doors and Doorways.
Every exterior doorframe shall have a door and this door shall be
weathertight within its frame. Every exterior door, door hinge, door
knob and door latch shall be maintained in good usable condition: Door
locks in dwelling units shall be in good repair and capable of tightly
securing the door. All entrance doors of each dwelling unit shall be
equipped with functioning locking devices.
(g) Hatchways.
Every hatchway, bulkhead and exitway shall be so constructed and
maintained as to prevent the entrance of rodents, rain and surface
drainage water into the structure.
(h) Windows.
Every window sash and skylight shall be structurally sound and fit
within its frame and be weathertight, so as to prevent the passage
through it of rain, snow, wind or other outside elements. Every window
sash shall be fully fitted with glass, plexiglass or polycarbonate panes
which are without cracks or holes. Every window other than a fixed
window shall be capable of being held in the open position and locked in
the closed position by window hardware.
(i) Screens and Storm Windows.
Every window with openings to outdoor space required for ventilation in
habitable rooms shall be supplied with insect screens and storm windows
which shall be maintained in good repair. This sub-section shall not
apply to owner-occupied dwelling units.
(j) Fences.
All fences on the premises shall be safe, structurally sound and uniform
or compatible in color and structure. Fences shall be maintained so that
they do not constitute a hazard, blight or condition of disrepair.
Examples of hazards, blight or conditions of disrepair are inclusive of,
but not limited to, leaning fences, fences that are missing slats or
blocks, graffiti, peeling paint, deterioration of paint or materials.
rotting or damaged.
SECTION 10-50: PENALTIES.
Any person/owner who violates any provision of this Ordinance shall be
subject to a fine of One Hundred ($100.00) Dollars for each offense and
may be penalized by a noncriminal disposition as provided for under
Section 1-15 and 1-16 of the Code and Mass. General Laws, Chapter 40,
section 21D. Each day's failure to comply with an order shall constitute
a separate violation.
SECTION 10-51: SEVERABILITY
It is hereby declared to be the intention of the City Council that the
sections, paragraphs, sentences, clauses and phrases of this Code are
severable, and if any phrase, clause, sentence, paragraph or section of
this Code shall be declared unconstitutional or otherwise invalid by the
valid judgment or decree of any court of competent jurisdiction, such
unconstitutionality or invalidity shall not affect any of the remaining
phrase, clauses, sentences, paragraphs and sections of this Code.
SECTION 10-52: OTHER RELEVANT SECTIONS
The provisions of this Ordinance shall not apply to properties located
within the boundaries of the Downtown Lowell Historic District. Said
properties are already subject to existing minimum maintenance standards
as set forth in the review standards of the Lowell Historic
Board, pursuant to the Acts of 1983, Chapter 566. Nothing herein shall
prevent the City of Lowell from enforcing other applicable sections of
the Code, or other applicable sections of
Massachusetts General Laws, including, but not limited to, Massachusetts
general Laws, Chapter 111 (abatement of a nuisance by the City) and
Chapter 139 (recovery of abatement costs). All provisions of the Code of
the City of Lowell, as amended, which are consistent with this Ordinance
shall continue in effect, but all provisions of said Code inconsistent
herewith are repealed.
This Ordinance shall take effect upon its passage in accordance with the
provisions of Chapter 43 of Massachusetts General Laws.
March 26, 1997
NANTUCKET
ARTICLE 55
(Bylaw Amendment: Signs, Satellite Dishes, Rooflines)
To see if the Town will vote to amend Chapter 124 (Signs, Satellite
Dishes, Rooflines), Article IV (Certificates of Appropriateness, etc),
of the Code of the Town of Nantucket by adding a new §124-13 as follows:
§124-13. Minimum Maintenance of Buildings and Structures to which St.
1970, c. 395 apply.
A. Owners of certain “Contributing Buildings and Structures” in
the Nantucket Historic District shall provide sufficient minimum
maintenance as defined herein in section B below, to the minimum extent
necessary to keep such buildings from falling into a state of poor
repair as may be identified hereinafter by the Nantucket Historic
District by rules and regulations after hearing as “Contributing
Buildings and Structures” to the historic authenticity of the Nantucket
Historic District. This provision shall only apply to the exterior
architectural features of such “Contributing Buildings and Structures”,
as defined in St. 1970, c. 395, § 2A, as amended, and also to the
interior portions of buildings and structures which, if not adequately
maintained, would cause the exterior architectural features to
deteriorate or become damaged.
B. In carrying out the responsibilities set forth in §124-13A
above, Owners shall therefore be responsible for taking at least the
minimum steps necessary to prevent the deterioration of the following
items, which would, if allowed to deteriorate, cause a detrimental
effect upon the character of the Historic District as to such
“Contributing Buildings and Structures” as follows:
Foundations, exterior walls or other vertical supports (exterior or
interior);
Roofs or other horizontal members (including joists, beams, etc.);
Chimneys or chimney support systems;
Walls, doors and windows
C. In cases where deterioration has already progressed to an
advanced stage, and where immediate removal is requested by the Owner,
the standard for razing in St. 1970, c. 395, § 6 shall apply.
D. The Nantucket Historic District Commission upon application
and after hearing, may grant a waiver from the requirements of this
bylaw upon a showing of impossibility, or financial hardship, or the
occurrence of events beyond the owner's control, or such other exigent
circumstances as the Commission may determine.
E. Any person violating this bylaw shall be subject to a fine or
penalty up to the amount of $300, with each day to be considered as a
separate violation. The enforcing person for purposes of Nantucket Code
§1-2 shall be the administrator of the Historic District Commission or
his/her designee.
(Board of Selectmen for Historic District Commission)
NEWTON
CITY OF NEWTON IN BOARD OF ALDERMEN
December 19, 2005
ORDINANCE NO. X-179
BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF NEWTON AS
FOLLOWS:
Amend the Landmark Preservation ordinance, Sec. 22-90 et seq. by adding
the following new subsection 22-110:
Demolition by Neglect.
(a)Purpose and Intent
It is the intent of this section to preserve from deliberate or
inadvertent neglect the exterior features of landmarked buildings and
structures, or the interior portions thereof when such maintenance is
necessary to prevent deterioration and decay of the exterior of the
building or structure.
(b) Definition
"Demolition by neglect" shall mean neglect in maintaining, repairing, or
securing a landmark that results in (i) loss of the character of a
documented exterior architectural feature of the building or structure
that contributes to its status as a landmark; (ii) deterioration of an
exterior feature of the building or structure; or (iii) the loss of the
structural integrity of the building or structure.
(c) Owner’s Obligations
The owner of a landmark shall preserve such landmark against decay and
deterioration through prompt correction of any of the following defects:
(1) "Deteriorated or inadequate foundation, defective or deteriorated
flooring or floor supports, deteriorated walls or other vertical
structural supports;
(2) Structural components of ceilings, roofs, floors, ceiling, roof and
floor supports or other horizontal structural components which sag,
split or buckle due to defective material or deterioration;
(3) Deteriorated or ineffective waterproofing or weatherproofing of
exterior walls, roofs, foundations, or floors, including broken or
missing windows or doors, siding, trim, shingles or cladding, or windows
left open when weather conditions do not warrant it;
(4) Defective or insufficient weather protection for exterior wall
covering, including lack of paint or weathering due to lack of paint or
other protective covering;
(5) Any fault or defect in the building which renders it structurally
unsafe, whether interior or exterior;
(6) Deterioration of exterior chimney or chimney support system;
(7) Deterioration of external plaster, stucco, masonry or mortar;
(8)Deterioration of rainwater drainage systems whether interior or
exterior;
(9)Deterioration of any documented exterior architectural feature which
in the judgment of the commission produces a detrimental effect upon the
character of the building;
(10)Failure to adequately heat the premises to avoid freezing of heating
and/or plumbing fixtures, or failure to properly drain heating and/or
plumbing systems before the advent of freezing temperatures;
(11)Failure to adhere to any preservation plan or guideline regarding
maintenance provided by the commission pursuant to section 22-94(a); or
(12) Deterioration of any other elements which, if not adequately
maintained, would eventually cause the building or structure to crack,
bulge, buckle, sag, rot, crumble or collapse, in whole or in part.
(d)Any owner who fails to maintain such building or structure in
compliance with this section shall be subject to the remedial procedures
of section (e)(1) as well as the penalties under section 22-101.
(e) (1) Upon receipt of a complaint that an historic landmark is
threatened by demolition by neglect, or on the commission’s own
initiative, the commission shall request the commissioner of
inspectional services or his designee to inspect such landmark. If the
commissioner of inspectional services concludes that the landmark is
threatened by demolition by neglect, he shall make a written report of
his findings to the commission.
(2) Upon the receipt of such written finding of the commissioner of
inspectional services, the commission shall hold a public hearing after
giving such notice as provided under section 22-93(d). If the Commission
finds that the landmark is threatened by demolition by neglect, and the
owner has not requested and received a hardship exemption under section
(f) herein, the Commission may vote to:
(i)require the owner to repair all conditions contributing to demolition
by neglect by a date certain;
(ii)secure the building or structure against further deterioration or
other loss;
(iii)provide the owner with a preservation plan and maintenance
guidelines as authorized under Sec. 22-94, and require the owner to
undertake such plan according to a timeline set by the commission;
(iv)assess penalties as set forth in section 22-101; and
(v)seek such injunctive relief as it deems necessary and appropriate to
preserve such landmark in cases where there is imminent danger of the
loss of a landmark.
These remedies shall be cumulative and not exclusive.
(3)For purposes of this ordinance, if a landmark threatened by
demolition by neglect is located within a local historic district, then
reference to commission hereunder shall refer to the local historic
district commission of the local historic district in which such
landmark is located.
(f)Building Permits
The commission shall notify the commissioner of inspectional services or
building official in writing of any landmark found to be threatened by
demolition by neglect, and shall instruct said commissioner or building
official to make a permanent record of such determination in the
corresponding property file maintained in the department of inspectional
services as required by law. Prior to the issuance of any building
permit for the construction, reconstruction, alteration, renovation,
repair, removal, demolition, or change of use or occupancy of any
landmark, said commissioner or building official shall review the
property file and ascertain whether a notice of unremediated violation
of this ordinance is on record. To the extent allowed by law, including
but not limited to the provisions of the state building code, 780 CMR
111.1 (6th ed.) or its successor, unless the commissioner or building
official is satisfied there is no outstanding unremediated violation of
this ordinance, he or she shall reject such application for a building
permit for such landmark in writing, stating the reasons therefor;
provided, however, that he or she shall not reject such application if
the work intended to be performed is required by the commission to
remediate such violation.
(g)Exemptions
(1) The owner may request exemption from this ordinance if the owner
can prove to the commission that maintenance of the landmark will cause
substantial hardship according to the standards set forth in Section
22-40(f)(10); provided, however, that the owner’s self-created hardship
shall not qualify as a basis for a hardship exemption.
(2)In situations where, in the commission’s view, it is impracticable to
immediately repair an architectural feature, or prohibitively expensive
to replace it, then the owner shall remove and store such architectural
feature safely, until such time as it becomes financially possible to
recreate the feature from the original pieces. The owner shall make
temporary repairs in its place to protect the structure and/or provide
for the safe use of the landmarked premises.
Christopher C. Skelly
Director of Local Government Programs
Massachusetts Historical Commission
----- Original Message -----
From: Chris <mailto:Skelly-MHC at comcast.net> Skelly
To: masshistpres at cs.umb.edu
Cc: knewhall at beverlyma.gov
Sent: Thursday, August 23, 2007 11:47 AM
Subject: RE: [MassHistPres] Demolition by Neglect Examples
I have copies of the demolition by neglect bylaw/ordinances from Lowell,
Nantucket and Newton. I don't think there are any others in MA yet. If
you don't have them already, I can get them to you. Chris.
Christopher C. Skelly
Director of Local Government Programs
Massachusetts Historical Commission
-----Original Message-----
From: masshistpres-bounces at cs.umb.edu
[mailto:masshistpres-bounces at cs.umb.edu] On Behalf Of Kate Newhall
Sent: Wednesday, August 22, 2007 12:16 PM
To: masshistpres at cs.umb.edu
Subject: [MassHistPres] Demolition by Neglect Examples
Hello,
I would greatly appreciate examples of Demolition by Neglect
by-laws/ordinances that have been already incorporated into town/city
regulations or are in draft form.
Thank you for your help,
Kate Newhall
Associate Planner
City of Beverly
(p) 978-921-6000 x2346
(f) 978-921-6187
www.beverlyma.gov
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