[MassHistPres] Demolition Delay vs Public Safety

[Jane Guy]

Our Demolition Delay Ordinance states, "Nothing in this section shall supersede the regulations of the state building code, 780 CMR sections 123.0 and 124.0 regarding unsafe structures and emergency measures."

Not being well versed with MA building code, I believe it gives the Building Inspector the authority to require a building owner to fix/make safe or remove unsafe buildings by condemning them.  However, our Building Inspector will typically ask me if it is historic first.  If it is in a local district, he will require it to be secured (i.e. roof repair, cabling, boarding, security fence) and is less likely to condemn it.  After no response from the owner, he might take the steps to have it secured and then put a lien on the property.

If it is outside a local historic district, but is still of historic significance, he often will give my commission the opportunity to try to save it (convincing the owner of its value, etc.).  Of course, any building can be restored if you can find the cash to do it.  Ultimately, the Building Inspector has the ability to have it demolished if he feels there are no viable alternatives or if the public safety is imminently threatened, but in general ours tries not to require buildings to be removed.  I think if the building is on fire watch, it would likely influence otherwise.

I am not familiar with any incidents where our Health Department has tried to have a building demolished.



 
 
Jane A. Guy
Assistant Community Development Director
City of Salem
Department of Planning & Community Development
120 Washington St., 3rd Floor
Salem, MA  01970
978-619-5685
(F) 978-740-0404
jguy at salem.com
www.salem.com
 

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Today's Topics:

   1. Demolition Delay vs Public Safety (Robin Ragle-Davis)


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Message: 1
Date: Fri, 7 Dec 2012 07:46:22 -0500
From: Robin Ragle-Davis <robin at rrinteractive.com>
Subject: [MassHistPres] Demolition Delay vs Public Safety
To: MassHistPres at cs.umb.edu
Message-ID: <9E16B206-EB0A-4E6D-8FA4-7F2E18A5546F at rrinteractive.com>
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We have a demo delay bylaw in Wareham.

Lately the  town has been taking a proactive approach toward ridding the town of buildings that are in such disrepair they are considered health hazards by the Health Department. Does anyone have experience with this sort of thing?

It occurs to me that in such cases where a building has actually been considered condemned or deemed a threat to public safety that might bypass the hearing process?



Robin Ragle-Davis
Chair, Wareham Historical Commission













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