COMMON NUISANCES

M.G.L. pt. Part I, tit. Title XX, ch. c. 139

in effect

M.G.L. c. 139, § 1 Orders adjudging burnt or dangerous buildings, structures or vacant land to be nuisances; notice, hearing and service of copy of order

c. 139, § 1. Orders adjudging burnt or dangerous buildings, structures or vacant land to be nuisances; notice, hearing and service of copy of order Section 1. The aldermen or selectmen in any city or town may, after written notice to the owner of a burnt, dilapidated or dangerous building or other structure, or his authorized agent, or to the owner of a vacant parcel of land, and after a hearing, make and record an order adjudging it to be a nuisance to the neighborhood, or dangerous, and prescribing its disposition, alteration or regulation. The city or town clerk shall deliver a copy of the order to an officer qualified to serve civil process, who shall forthwith serve an attested copy thereof in the manner prescribed in section one hundred and twenty-four of chapter one hundred and eleven, and make return to said clerk of his doings thereon.

M.G.L. c. 139, § 2 Appeal to superior court; trial by jury; costs

c. 139, § 2. Appeal to superior court; trial by jury; costs Section 2. A person aggrieved by such order may appeal to the superior court for the county where such building or other structure is situated, if, within three days after the service of such attested copy upon him, he commences a civil action in such court. Trial by jury shall be had as in other civil causes. The jury may affirm, annul or alter such order, and the court shall render judgment in conformity with said verdict, which shall take effect as an original order. If the order is affirmed, the plaintiff shall pay the costs; if it is annulled, he shall recover from the town his damages, if any, and costs; and if it is altered, the court may render such judgment as to costs as justice shall require. All proceedings hereunder authorized by section ten of chapter one hundred and forty-three, after issue is joined therein, shall be in order for trial and shall have precedence over any case of a different nature pending in said court and then in order for trial.

M.G.L. c. 139, § 3 Abatement or removal of nuisance by aldermen or selectmen

c. 139, § 3. Abatement or removal of nuisance by aldermen or selectmen Section 3. The aldermen or selectmen shall have the same power to abate and remove any such nuisance as is given to the board of health of a town under sections one hundred and twenty-three to one hundred and twenty-five, inclusive, of chapter one hundred and eleven.

M.G.L. c. 139, § 3A Demolition or removal of building or structure or securing of vacant land; owner's liability

c. 139, § 3A. Demolition or removal of building or structure or securing of vacant land; owner's liability Section 3A. If the owner or his authorized agent fails to comply with an order issued pursuant to section three and the city or town demolishes or removes any burnt, dangerous or dilapidated building or structure or secures any vacant parcel of land from a trespass, a claim for the expense of such demolition or removal, including the cost of leveling the lot to uniform grade by a proper sanitary fill, or securing such vacant parcel shall constitute a debt due the city or town upon the completion of demolition, removal, or securing and the rendering of an account therefor to the owner or his authorized agent, and shall be recoverable from such owner in an action of contract. Any such debt, together with interest thereon at the rate of six per cent per annum from the date such debt becomes due, shall constitute a lien on the land upon which the structure is or was located if a statement of claim, signed by the mayor or the board of selectmen, setting forth the amount claimed without interest is filed, within ninety days after the debt becomes due, with the register of deeds for record or registration, as the case may be, in the county or in the district, if the county is divided into districts, where the land lies. Such lien shall take effect upon the filing of the statement aforesaid and shall continue, unless dissolved by payment or abatement, until such debt has been added to or committed as a tax pursuant to this section, and thereafter, unless so dissolved, shall continue as provided in section 37 of chapter 60; provided, however, that if any such debt is not added to or committed as a tax pursuant to this section for the next fiscal year commencing after the filing of the statement, then the lien shall terminate on October 1 of the third year next following the date of such filing. If the debt for which such a lien is in effect remains unpaid when the assessors are preparing a real estate tax list and warrant to be committed under section fifty-three of chapter fifty-nine, the mayor or the board of selectmen, or the town collector of taxes, if applicable under section thirty-eight A of chapter forty-one, shall certify such debt to the assessors, who shall forthwith add such debt to the tax on the property to which it relates and commit it with their warrant to the collector as part of such tax. If the property to which such debt relates is tax exempt, such debt shall be committed as the tax. Upon commitment as a tax or part of a tax, such debt shall be subject to the provisions of law relative to interest on the taxes of which they become, or, if the property were not tax exempt would become, a part; and the collector of taxes shall have the same powers and be subject to the same duties with respect to such debts as in the case of annual taxes upon real estate, and the provisions of law relative to the collection of such annual taxes, the sale or taking of land for the non-payment thereof, and the redemption of land so sold or taken shall, except as otherwise provided, apply to such claims. A lien under this section may be discharged by filing with the register of deeds for record or registration, as the case may be, in the county or in the district, if the county is divided into districts, where the land lies, a certificate from the collector of the city or town that the debt constituting the lien, together with any interest and costs thereon, has been paid or legally abated. All costs of recording or discharging a lien under this section shall be borne by the owner of the property.

M.G.L. c. 139, § 3B Disbursement of insurance proceeds for loss, damage or destruction of building or structure; notice; lien

c. 139, § 3B. Disbursement of insurance proceeds for loss, damage or destruction of building or structure; notice; lien Section 3B. No insurer shall pay any claims (1) covering the loss, damage, or destruction to a building or other structure, amounting to one thousand dollars or more, or (2) covering any loss, damage or destruction of any amount, which causes the condition of a building or other structure to render section six of chapter one hundred and forty-three applicable, without having at least ten days previously given written notice to the building commissioner or inspector of buildings appointed pursuant to the state building code, to the fire department or arson squad of the city or town and to the board of health or board of selectmen of the city or town in which the same is located. If at any time prior to payment the said city or town notifies the insurer by certified mail of its intent to initiate proceedings designed to perfect a lien pursuant to section three A, or to section nine of chapter one hundred and forty-three, or section one hundred and twenty-seven B of chapter one hundred and eleven, the said payment shall not be made while the said proceedings are pending; provided, however, that said proceedings are initiated within thirty days of receipt of such notification. Any lien perfected pursuant to section three A, or to section nine of chapter one hundred and forty-three or section one hundred and twenty-seven B of chapter one hundred and eleven, shall extend to and may be enforced by the city or town against any casualty insurance policy or policies covering any loss, damage, or destruction pursuant to which the proceedings to perfect the lien were initiated. No insurer shall be liable to any insured owner, mortgagee, assignee, city or town, or other interested party for amounts disbursed to a city or town under the provisions of this section, or for amounts not disbursed to a city or town under the provisions of this section.

M.G.L. c. 139, § 4 Buildings used for prostitution, assignation or lewdness; nuisance

c. 139, § 4. Buildings used for prostitution, assignation or lewdness; nuisance Section 4. Every building, part of a building, tenement or place used for prostitution, assignation or lewdness, and every place within or upon which acts of prostitution, assignation or lewdness are held or occur, shall be deemed a nuisance.

M.G.L. c. 139, § 5 Penalty for maintaining place of prostitution

c. 139, § 5. Penalty for maintaining place of prostitution Section 5. Whoever keeps or maintains such a nuisance shall be punished by a fine of not less than one hundred nor more than one thousand dollars and by imprisonment for not less than three months nor more than three years.

M.G.L. c. 139, § 6 Enjoining nuisance

c. 139, § 6. Enjoining nuisance Section 6. Whenever there is reason to believe that such a nuisance is kept or maintained or exists in any town, either the district attorney for the district, or the attorney general, in the name of the commonwealth, or a citizen in his own name, may bring a civil action perpetually to enjoin the person conducting or maintaining the same, and the owner, lessee or agent of the building or place in or upon which such nuisance exists and their assignees from directly or indirectly maintaining or permitting such nuisance.

M.G.L. c. 139, § 7 Complaint; filing; verification

c. 139, § 7. Complaint; filing; verification Section 7. The complaint shall join the owner of record of the premises as a party defendant and shall be filed in the superior court for the county where the nuisance is believed to exist, and shall be verified by oath of the plaintiff unless filed by the attorney general or a district attorney. Such proceeding shall have precedence over all other matters upon the docket except criminal proceedings, election contests and hearings upon actions for other injunctions.

M.G.L. c. 139, § 8 Temporary injunction restraining nuisance; removal of furniture and other property from place of prostitution

c. 139, § 8. Temporary injunction restraining nuisance; removal of furniture and other property from place of prostitution Section 8. If upon a hearing, after at least two days' notice to the respondents of the time and place assigned therefor, the existence of such a nuisance is shown to the satisfaction of the court or justice, either through verified complaint or through evidence in the form of affidavits, depositions, oral testimony or otherwise, a temporary injunction shall be ordered to issue forthwith restraining the maintenance of the nuisance and enjoining the occupants, owner and all other persons from removing fixtures, furniture, musical instruments and all other movable property from the premises until further order of the court.

M.G.L. c. 139, § 9 Decree for permanent injunction; sale of furniture; order closing building used for prostitution

c. 139, § 9. Decree for permanent injunction; sale of furniture; order closing building used for prostitution Section 9. If upon subsequent hearing the existence of the nuisance shall be established, the court shall enter a decree permanently enjoining the maintenance thereof, including in such decree an order of abatement directing the sheriff of the county or his deputy to enter the building or place where the nuisance existed and to sell all furniture, musical instruments and movable property used in maintaining the nuisance, in the manner provided for the sale of chattels under execution, and to remove the same. If it shall appear that the bill of complaint was filed five or more days after notice to the record owner of the premises, and that he did not proceed forthwith to enforce his rights under section nineteen, such order of abatement shall further direct the effectual closing of the building or the place and the prohibition of its use for any purpose for one year, unless sooner released as provided in section eleven. For the purpose of proving the existence of the nuisance the general reputation of the place shall be admissible as evidence.

M.G.L. c. 139, § 10 Fee for removal and sale of movable property; application of proceeds of sale of place of prostitution

c. 139, § 10. Fee for removal and sale of movable property; application of proceeds of sale of place of prostitution Section 10. For removing and selling the movable property in accordance with the decree of the court the officer shall be entitled to the same fees as for levying upon and selling like property on execution, and for closing the premises and keeping them closed, a reasonable sum shall be allowed by the court. The proceeds shall be applied: first, to the fees and costs of removal and sale; second, to the allowances and costs of so closing and keeping closed the premises; third, to the payment of the complainants' costs in such proceeding, including a reasonable attorney's fee to be fixed by the court; fourth, the remainder, if any, to the owner of the property sold.

M.G.L. c. 139, § 11 Modification of order of abatement; bond

c. 139, § 11. Modification of order of abatement; bond Section 11. If the owner of any such premises shall pay all costs of the proceedings, and file with the court a bond with sureties approved by the clerk in the full value of such premises as ascertained by the court, or, when the court is not in session, by the clerk, payable to the court and conditioned that the owner of the premises found to be a nuisance will immediately abate such nuisance and prevent the same from being established or kept therein within one year thereafter, the court or justice may, if satisfied of the owner's good faith, order the premises so closed to be delivered to such owner and the order of abatement to be so modified as to dissolve the order that the premises remain closed for one year; provided, that such modification shall not release such premises from any judgment, lien, penalty or liability to which it may be subject.

M.G.L. c. 139, § 12 Dismissal of action; costs

c. 139, § 12. Dismissal of action; costs Section 12. No action commenced under section six shall be dismissed, except upon a sworn statement made and filed by the plaintiff and by his attorney setting forth the reasons for dismissal thereof and upon approval of such dismissal by the court in open court. If the court is of opinion that the action ought not to be dismissed he may direct the district attorney to prosecute the case to judgment. If the action was brought by a citizen and the court finds that there was no reasonable ground therefor, costs may be awarded against the plaintiff.

M.G.L. c. 139, § 13 Appearance as witnesses of persons found in premises used for prostitution

c. 139, § 13. Appearance as witnesses of persons found in premises used for prostitution Section 13. All persons found in or upon premises used for prostitution, assignation or lewdness may be required by a justice of a court of record to recognize, with or without sureties, to appear as witnesses at any hearing in an action to punish a person for keeping or maintaining such a nuisance as is described in section four, or for aiding in the maintenance of such a nuisance in the manner set forth in section twenty, or to enjoin or abate such a nuisance, and a warrant may be issued to bring such persons before the justice to recognize as aforesaid.

M.G.L. c. 139, § 14 Buildings resorted to for illegal gaming or used for illegal keeping or sale of alcoholic beverages; nuisance

c. 139, § 14. Buildings resorted to for illegal gaming or used for illegal keeping or sale of alcoholic beverages; nuisance Section 14. Every building, place or tenement which is resorted to for illegal gaming, or which is used for the illegal keeping or sale of alcoholic beverages, as defined in section one of chapter one hundred and thirty-eight, shall be deemed a common nuisance.

M.G.L. c. 139, § 15 Penalty for keeping or maintaining place used for illegal gaming or the illegal keeping or sale of alcoholic beverages

c. 139, § 15. Penalty for keeping or maintaining place used for illegal gaming or the illegal keeping or sale of alcoholic beverages Section 15. Whoever keeps or maintains such common nuisance shall be punished by a fine of not less than fifty nor more than one hundred dollars and by imprisonment for not less than three months nor more than one year.

M.G.L. c. 139, § 16 Abatement of common nuisances

c. 139, § 16. Abatement of common nuisances Section 16. Upon an information filed by the district attorney for the district, or upon the petition of the board or officer having control of the police of a town or of not less than ten legal voters of a town, stating that a building, place or tenement therein is resorted to for illegal gaming, or is used for the illegal keeping or sale of alcoholic beverages, as defined in section one of chapter one hundred and thirty-eight, or houses a premises which is licensed under section twelve of said chapter one hundred and thirty-eight and on or in such premises alcoholic beverages are habitually served to persons who are intoxicated or alcoholic beverages are served to persons whom the operators of said premises know or have reason to know will operate a motor vehicle under the influence of intoxicating liquor in violation of subdivision (1) of section twenty-four of chapter ninety or is used for the illegal keeping, sale or manufacture of controlled substances, as defined in section one of chapter ninety-four C, the supreme judicial or superior court may enjoin or abate the same as a common nuisance.

M.G.L. c. 139, § 16A Enjoining maintenance of nuisance; order closing building; judgment for permanent injunction; posting of order

c. 139, § 16A. Enjoining maintenance of nuisance; order closing building; judgment for permanent injunction; posting of order Section 16A. Upon a civil action brought in the name of the commonwealth by the attorney general, or district attorney for the district, or the chief of police, or the board or officer having control of the police of the state, or of a town or city, or by not less than ten legal voters of a town or city, in their own names, stating that a building, place or tenement situated therein is being used for the illegal keeping, sale or manufacture of alcoholic beverages, as defined in section one of chapter one hundred and thirty-eight or houses a premises which is licensed under section twelve of said chapter one hundred and thirty-eight and on or in such premises alcoholic beverages are habitually served to persons who are intoxicated or alcoholic beverages are served to persons whom the operators of said premises know or have reason to know will operate a motor vehicle under the influence of intoxicating liquor in violation of subdivision (1) of section twenty-four of chapter ninety or is used for the illegal keeping, sale or manufacture of controlled substances, as defined in section one of chapter ninety-four C, the superior court may abate the same as a common nuisance and may enjoin the person conducting or maintaining the same, and the owner, lessee or agent of the building, place or tenement in or upon which said nuisance exists, and their grantees or assignees, from directly or indirectly maintaining or permitting such nuisance, and, subject to the provisions hereinafter contained, may order the effectual closing of such building, place or tenement, and the prohibition of its use for any purpose for a period of not less than one month nor more than one year thereafter; provided, however, that if said building, place or tenement contains other occupied dwelling units, the occupants of which were not involved in said nuisance, no such closing of other occupied dwelling units shall take place so as to adversely affect such occupants. Proceedings under this section shall be in the manner provided in sections seven to twelve, inclusive, except that the provisions of section nine regulating the closing of a building, place or tenement and the prohibition of its use for any purpose because of the maintenance of such nuisance shall not apply and in lieu thereof the court may include in its judgement an order for such closing and prohibition, if it appears that prior thereto and within the preceding three years there shall have been three convictions for the illegal sale, or keeping, or manufacture of alcoholic beverages as so defined, or two convictions in the preceding five years for the illegal sale or keeping or manufacture of a controlled substance as so defined in or upon the premises on which such building, place or tenement is situated, or three judgements for permanent injunction enjoining the maintenance of such nuisance. A judgement for a permanent injunction or abatement shall include an order that a copy thereof shall be posted in a conspicuous place on the building, place or tenement affected thereby, on or near one or more of its principal entrances and that the removal, defacement, erasure or mutilation of a copy so posted shall be contempt of court. In addition to such posting, a copy of the judgement shall be delivered in hand to the person in charge of such building, place or tenement if he may be found upon the premises or to anyone residing therein, and if the judgement includes an order for the effectual closing of said building, place or tenement and the prohibition of its use for any purpose for a period of not less than one month nor more than one year, a copy shall be filed forthwith for record in the registry of deeds for the county and registry district within which such building, place or tenement is situated. The provisions of section thirteen shall apply to all persons found in or upon premises used for the illegal sale, or keeping, or manufacture of alcoholic beverages or controlled substances, as so defined.

M.G.L. c. 139, § 18 Removal of booths used for sale of liquors or for illegal gaming from places of public gathering

c. 139, § 18. Removal of booths used for sale of liquors or for illegal gaming from places of public gathering Section 18. The aldermen or the selectmen, upon complaint made to them under oath that the complainant has reason to believe and does believe that a booth, shed or other temporary erection, situated within one mile of a muster field, cattle show ground, or other place of public gathering, is used and occupied for the sale of spirituous or fermented liquor, or for the purpose of illegal gaming, may order the owner or occupant thereof to vacate and close the same forthwith. If the owner or occupant fails so to do, the aldermen or selectmen may forthwith abate such booth, shed or erection as a nuisance, and may pull down or otherwise destroy the same through the agency of any force, civil or military.

M.G.L. c. 139, § 19 Voiding of lease of tenant using premises for common nuisance

c. 139, § 19. Voiding of lease of tenant using premises for common nuisance Section 19. If a tenant or occupant of a building or tenement, under a lawful title, uses such premises or any part thereof for the purposes of prostitution, assignation, lewdness, illegal gaming, or the illegal keeping or sale of alcoholic beverages, as defined in section one of chapter one hundred and thirty-eight, or the housing of a premises which is licensed under section twelve of said chapter one hundred and thirty-eight and on or in such premises alcoholic beverages are habitually served to persons who are intoxicated or alcoholic beverages are served to persons whom the operators of said premises know or have reason to know will operate a motor vehicle under the influence of intoxicating liquor in violation of subdivision (1) of section twenty-four of chapter ninety, or the illegal keeping, sale or manufacture of controlled substances, as defined in section one of chapter ninety-four C, or the illegal keeping of a weapon in violation of section ten of chapter two hundred and sixty-nine, or possession or use of an explosive or incendiary device or other violations of section one hundred and one, one hundred and two, one hundred and two A or one hundred and two B of chapter two hundred and sixty-six or, if a tenant or household member of a housing authority or federal or state assisted housing commits an act or acts which would constitute a crime involving the use or threatened use of force or violence against the person of an employee of the housing authority or of state or federally assisted housing or against any person while such person is legally present on the premises of a housing authority or on the premises of federal or state assisted housing, such use or conduct shall, at the election of the lessor or owner, annul and make void the lease or other title under which such tenant or occupant holds possession and, without any act of the lessor or owner shall cause the right of possession to revert and vest in him, and the lessor or owner may seek an order requiring the tenant to vacate the premises or may avail himself of the remedy provided in chapter two hundred and thirty-nine. If the lessor or owner is entitled to relief pursuant to this section, such lessor or owner may seek declaratory judgment of his rights hereunder in the district, superior or housing court, which may grant appropriate equitable relief, including both preliminary and permanent injunctions, including a preliminary injunction granting the lessor or owner possession of the premises, and in connection therewith may order issuance of an execution for possession of any such premises to be levied upon forthwith. No such injunction shall be issued except after notice has been given to the tenant and a hearing has been held with opportunity for the tenant to confront and cross-examine witnesses and to present any legal or equitable defense. A housing authority or provider of state or federally assisted housing shall not avail itself of the remedies contained herein except after notice, hearing, and decision on the merits by the court. An appeal from equitable relief granted by a district court pursuant to this section shall be to the appeals court in the same manner as if relief had been granted by the superior court.

M.G.L. c. 139, § 20 Aiding or permitting nuisance

c. 139, § 20. Aiding or permitting nuisance Section 20. Whoever knowingly lets premises owned by him, or under his control, for the purposes of prostitution, assignation, lewdness, illegal gaming, or the illegal keeping or sale of alcoholic beverages, as defined in section one of chapter one hundred and thirty-eight, or the housing of a premises which is licensed under section twelve of said chapter one hundred and thirty-eight and on or in such premises alcoholic beverages are habitually served to persons who are intoxicated or alcoholic beverages are served to persons whom the operators of said premises know or have reason to know will operate a motor vehicle under the influence of intoxicating liquor in violation of subdivision (1) of section twenty-four of chapter ninety or the illegal keeping, sale or manufacture of controlled substances, as defined in section one of chapter ninety-four C, or knowingly permits such premises, while under his control, to be used for such purposes, or after due notice of any such use omits to take all reasonable measures to eject therefrom the persons occupying the same as soon as it can lawfully be done, shall be punished by a fine of not less than one hundred nor more than one thousand dollars or by imprisonment for not less than three months nor more than one year, or both.

Source: Massachusetts General Court (malegislature.gov)URL: https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXX/Chapter139Fetched: 10/20/2026