File #: 542-15    Version: 1 Name:
Type: Ordinance Status: Enrolled
File created: 10/16/2015 In control: Rules & Ordinance Committee
On agenda: 10/20/2015 Final action: 11/17/2015
Title: Be it ordained that Section 9.41 of the Revised Ordinances of 1991 be amended relative to Public Nuisances
Sponsors: David D'Arcangelo
Title
Be it ordained that Section 9.41 of the Revised Ordinances of 1991 be amended relative to Public Nuisances

Body
AMENDMENTS TO SECTION 9.41 PUBLIC NUISANCES
Amend Section 9.41.2 Mailing of Notice to Property Owners and Others
(Proposal to amend the highlighted sentence of this section)
In the event the police department, the Building Inspector, the Board of Health or its agents and employees, a code enforcement inspector or a Compliance Officer has responded to a public nuisance, a notice of response shall be mailed within ten (10) days of the incident to the property owner of the premises as listed in the City of Malden tax assessment records. Said notice shall advise the property owner of this ordinance, state whether it's a first response, and notify that the second or any subsequent such response on the same premises within a one year period, as measured from the date of the first notice, shall result in liability of the property owner for all penalties and costs associated with such response as more particularly described below.

Amend Section 9.41.3 by changing title to: Liability for a First Response
Amend Section 9.41.4 by changing title to: Liability for a Third Second and Subsequent Responses
(Further amending the highlighted provisions of this section):
If the police department, the Building Inspector, the Board of Health or its agents and employees, a code enforcement inspector or a Compliance Officer has responded to a public nuisance as defined herein more than twice once in any one year period, as measured from the date of the first response, the following persons shall be jointly and severally liable for fines as set forth below. Response costs may also be assessed.

.1 the person or persons residing on or otherwise in control of the premises whether present or not;
.2 the person or persons who organized or sponsored a gathering resulting in the public nuisance; and,
.3 the person, or persons or business entity which at ...

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