from the State sanitary code.
Hearing
Owners and/or occupants are entitled to file a written petition for a hearing before the local board of health if:
a. they have been served an order pursuant to any regulation in Chapter II of the Sanitary Code by the board of health. Their petition must be filed within seven days after the day the order was served.
b. they believe that the board of health or any inspector has failed to follow the provisions of Chapter II by neglecting to conduct an investigation as requested, to issue a report on the inspection, to cite violations claimed to exist, to certify that a violation may endanger or materially impair the health or safety and well-being of the occupants or to issue an order as required by Regulation 410.850.
The petition must be filed within 30 days of the initial request for an inspection. [410.850]
Affected parties, owners and occupants shall be informed of the hearing and of their right to inspect the files of the board of health. [410.851]
Affected parties, owners and occupants shall be informed of the hearing and of their right to inspect the files of the board of health. [410.851]
The hearing must begin within 30 days of the date the order was served and, in certain instances, must begin within less than 30 days. [410.852]
Within seven days after the hearing has concluded, the board of health shall inform the petitioner in writing whether the board has decided to sustain, modify or withdraw the order. [410.854]
Appeal
The final decision of the board of health may be appealed to the appropriate Massachusetts court. [410.860]
The house lot in Baldwinville is worth $$. The burned house is an eye sore, and devalues everyone's property around it. It seems the house could be taken down by the town, and the land taken as payment. Town Council knows this procedure better than anyone. Doing nothing has not worked. Is anyone paying taxes on this property ?? My guess is, who ever owns the property will do nothing as long as the Board of Health let's them ! Do your job !
ReplyDeleteThese are situations were nobody has an incentive to do anything. Who owns the property. A good chance the owner cannot do a thing as they still owe 100% of mortgage. Can't sell, bank wont foreclose as then its there problem. BOH has a duty but so does the Building Inspector. These are not safe structures. In Gardner the Building Inspector petitions the court not the BOH.
ReplyDeleteIf taxes aren't paid the town could take the land, knock down the house and sell or redevelop the land as low income housing.