7-13A.6 Inspections, Enforcement and Penalties.
(A) The Commissioner and the Commissioner of the Inspectional Services Department and any designees thereof shall have the authority to inspect, enforce and impose penalties under this Section.
(1) Inspections.
(a) Authority. In order to properly carry out its respective responsibilities under this Section and to ensure that the public health, safety and environment are protected from the hazards posed by unsanitary and unhealthy conditions, the Inspectional Services Department is authorized:
1. To examine or survey at any reasonable time the premises of all large residential buildings; and
2. With prior notice to the owner or the owner’s authorized representative, to enter, examine or survey the large residential building.
(b) Systematic area inspections. The Inspectional Services Department is authorized to develop and adopt plans for systematic, periodic area-wide inspections of large residential buildings, their premises and the recycling facilities thereon.
(c) Interference with inspection.
1. If an owner or an owner’s authorized representative, having been notified pursuant to division (A)(1)(a) above, knowingly impedes, inhibits, interferes with, restricts or obstructs entry and free access to the large residential building or the premises where inspection is authorized by this Section, the Inspectional Services Department may seek in a court of competent jurisdiction an inspection warrant that allows for the inspection of the site and apprises said owner or owner’s authorized representative concerning the nature of the inspection, the scope of the inspection, the justification for the inspection, and may seek the assistance of the Police authorities in presenting said warrant.
2. If a resident or other person knowingly impedes, inhibits, interferes with, restricts or obstructs entry and free access to the large residential building or the premises where inspection is authorized by this Section, the Inspectional Services Department may seek in a court of competent jurisdiction an inspection warrant that allows for the inspection of the site and apprises said resident or other person concerning the nature of the inspection, the scope of the inspection, the justification for the inspection, and may seek the assistance of the Police authorities in presenting said warrant.
3. Nothing in these Subsections authorizes the Inspectional Services Department to inspect any areas other than the indoor common areas of a large residential building or the outdoor premises of the large residential building.
(2) Violation. Violations of this Section include, but are not limited to:
(a) The failure to provide access to the recycling programs and services in accordance with Subsection 7-13A.3;
(b) The failure to post a recycling guide in accordance with Subsection 7-13A.4 or to deliver a recycling guide to residents in accordance with Subsection 7-13A.4;
(c) The failure to comply with the requirements of this Section; and
(d) The interference with an inspection, including inspections conducted a pursuant to a validly issued inspection warrant, pursuant to division (A)(1)(c) above.
(3) Service of notice of violation. Notice of violation shall be served on the owners in the following manner:
(a) Personally, by any person authorized to serve civil process;
(b) By any person authorized to serve civil process by leaving a copy of the notice of violation at the last and usual place of abode of the violator;
(c) By sending a copy of the notice of violation by registered or certified mail, return receipt requested, if within the commonwealth; or
(d) If the last and usual place of abode of the owner is unknown or outside the commonwealth, by posting a copy of the notice of violation in a conspicuous place on or about the premises and by advertising it for at least three out of five consecutive days in one or more newspapers of general circulation within the city.
(4) Administrative hearings.
(a) Right to hearing. Any person upon whom a notice of violation has been served may request a hearing from the Inspectional Services Department by filing a written petition requesting a hearing on the matter with the Inspectional Services Department within seven days after the day the notice of violation was served.
(b) Hearing notice. Upon receipt of a petition, the Inspectional Services Department shall inform the petitioner of the date, time and place of the hearing in writing.
(c) Time for hearing. The hearing shall commence within 30 days after the day on which the notice of violation was served. The time period in which the cited violations must be remedied shall be stayed upon receipt of the petition for a hearing until such time as the hearing is held.
(d) Hearing of petitioner. At the hearing, the petitioner shall be given an opportunity to be heard, to present witnesses or documentary evidence and to show why the notice of violation should be modified or withdrawn. An official record shall be kept of the hearing proceedings and made available to the petitioner upon request. Failure to hold a hearing within the time period specified herein shall not affect the validity of any notice of violation.
(e) Final decision after hearing; failure to comply with final order.
1. Within seven days after the conclusion of the hearing, the Inspectional Services Department shall sustain, modify or withdraw the notice of violation and shall inform the petitioner in writing of its decision and the reasons therefor. If the Department sustains or modifies the notice of violation, said violation shall be remedied within the time period allotted in the original notice of violation or in the modification.
2. If a written petition for a hearing is not filed with the Inspectional Services Department within seven days after the notice of violation has been served or if after a hearing the notice of violation has been sustained in any part, then each day’s failure to comply with the notice of violation within the time allotted as issued or modified shall constitute an additional and separate violation.
(5) Judicial appeals. Any person aggrieved by a final decision of the Inspectional Services Department with respect to a notice of violation or any other order issued under these Sections by the Inspectional Services Department, may seek relief in any court of competent jurisdiction as provided by the laws of the commonwealth.
(6) Penalties.
(a) Failure to comply with Section. Failure to comply with the provisions of this Section shall result in the imposition of penalties by the Inspectional Services Department. For any failure to comply, the Inspectional Services Department shall have the authority to issue a written notice of violation and seek an injunction from a court of competent jurisdiction instructing the owner to comply with the requirements of this Section. Penalties shall be administered only in accordance with the provisions of this Section.
(b) Notice of violation. The Inspectional Services Department shall respond to an owner’s first failure to comply by issuing a notice of violation to an owner which shall provide an owner with 30 days to correct the violation.
(c) Failure to comply with notice of violation. An owner who fails to comply with any notice of violation or other order issued pursuant to these Sections by the Inspectional Services Department or its duly appointed Agents or representatives shall be subject to a fine of not less than $150 per violation per day and not more than $300 per violation per day.
(d) Injunctive relief. The Commissioner of Inspectional Services may, after an administrative hearing, seek an injunction from a court of competent jurisdiction instructing an owner to comply with a notice of violation.
(e) Interference after inspection warrant presented. An owner who refuses, impedes, inhibits, interferes with, restricts or obstructs entry and free access or neglects or fails to provide entry and free access to every part of the large residential building where inspection is sought under these Sections after an inspection warrant has been obtained and presented in accordance with these Sections, shall be subject to a fine not less than $150 and not more than $300 per day.
(f) Fines. All fines and penalties assessed and collected under this Subsection may be enforced pursuant to M.G.L. Chapter 40, Section 21D.
(7) Regulatory authority. The Commissioner and the Commissioner of Inspectional Services shall have the authority to promulgate rules and regulations necessary to effect and enforce this Section.
(8) Delegation of authority. The Commissioner and the Commissioner of Inspectional Services shall have the authority to delegate enforcement of this Section to any City Department authorized to enforce public safety, health or environmental laws and regulations.
(B) Nothing in these Sections shall prevent the Commissioner from developing incentive programs directed at owners for the successful and timely implementation of actions designed to provide residents with access to the city’s recycling programs and services.
(CBC 1985 7-13A.6; Ord. 2002 c. 1)
