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Section II – BUILDINGS AND CONSTRUCTION

TOPIC:
BUILDINGS AND CONSTRUCTION

SUBJECT:  
AEROSOL SPRAY PAINT

KEY WORDS:         
GRAFFITI      

CODE:
ORD II-1

AGENCIES:
HEALTH DEPT.

STATUTES: 

DATES:
01/10/95

 

ELEMENTS:  
Owners of commercial property or non-owner occupied residential
property must remove graffiti within 30 days after notice by City.

 

PENALTIES:
FINE – $50 per day.

TOPIC:
BUILDINGS AND CONSTRUCTION

SUBJECT:  
DISCHARGE OF LITTER

KEY WORDS:         
SIDEWALKS, TRASH, RUBBISH, GARBAGE

CODE:             
ORD II-2

AGENCIES:
POLICE, HEALTH DEPTS

STATUTES: 
C. 270 S. 16

DATES:
06/10/97, 01/10/95,  02/14/89,
06/10/86, 02/05/88, 09/??/84 02/02/82, 02/03/81

ELEMENTS:  
Ordinance regulating the discharge and control of litter on highways
and byways.


Definitions:


“Litter” shall mean refuse, garbage,
rubbish, or any unwanted waste materials in any amount intended for disposal
by any person or persons.  It
may consist of animal or vegetable waste, paper, cellophane, rubber, glass,
metal, plastic and other like materials.


“Refuse” defined to include
“garbage, ashes and rubbish” defined in ordinance.


The City will collect ordinary rubbish.


“Commercial Waste” consists of any
unusual wastes that accumulate on premises of commercial enterprise, (e.g.
m/v parts from vehicle repair shops, constructions materials from commercial
construction service companies. 


City does not collect commercial waste.


“Industrial Wastes” are waste
materials, products or by-products from factories, processing plants, and
other manufacturing enterprises including any food processing wastes, highly
inflammable material or otherwise dangerous and / or hazardous wastes.


Industrial wastes not collected by City.


“Joint Maintenance” shall mean:

A.
The City retains ownership of the road layout including the portion
known as the sidewalk and shall be responsible for major maintenance such as
paving repairs or replacement as deemed necessary.

B.
The owner and / or tenant shall be responsible for the cleanliness,
removal of debris, weeds and trapped litter from any sidewalk that abuts
owned or rented property and shall exercise good and reasonable judgment in
maintaining the sidewalk free from debris and litter at all times so as to
insure the safe passage of all pedestrian traffic in an atmosphere free from
dirt and litter.

Also
defined in ordinance are person(s), owner, tenant, littering, and sidewalk.

Violation:
Sections 3 & 4

 Any person
littering or otherwise disposing of litter on any street, road highway or
sidewalk.

Any
person littering or otherwise disposing litter on private property as to
cause a general nuisance to the public welfare.

Joint
Maintenance:

A.
All persons (owner / tenant) who fail to exercise reasonable daily
maintenance of sidewalks violates the ordinance.

B.
All persons in commercial, light and heavy industrial zones,
exercising joint ownership to abutting sidewalk are responsible to dispose
of picked up debris

C.
Owners of lesser use-zoned properties including residential and
apartment house are responsible.

D.
Sweeping debris onto roadway is a violation.

E.
All convenient stores or take out food restaurants required to
provide trash receptacles

F.
Includes all City agencies.

Sections
5, 6, 7, 8

Storage
for Collection:  Containers
defined in ordinance, must be in good condition and covered or secured so
contents do not escape.

Barrel
– metal, plastic, or rigid container, max. 8 lbs. empty, 32 gals.

Bag –
designed for rubbish disposal, max. 36” x 24”, 28 gals.

Box –
heavy cardboard, max 36” x 24”, 4 lbs. empty.

Bundle
– max. 48” long, 18” diameter, 6 cubic feet.

All
containers not filled over limit and must be able to withstand snow and rain
without collapsing.

All
bags tied, boxes covered or kept out of rain/snow, bundles neatly tied with
strong cord.

Containers
max. 50 lbs. full, max 6 per unit, 10 with DPW permission.
City collects from buildings with 6 units or less.

Collection:
Containers collected curbside on scheduled day.
Stored for removal no earlier than 18:00 night before, no later than
07:00 day of collection.  Empty
container removed day of collection.

Prohibition
of keeping containers on sidewalk except for collection.

Prohibition
against disturbing rubbishes without consent of owner (barrel picking), or
written permission of DPW.

Regulation
for private waste disposal for commercial and industrial waste, must be
non-leaking.  DPW, HEALTH to
supervise.

No
person shall place refuse for collection in front of any building where the
refuse was not generated.

Condominiums
of over 6 units can have trash collected by City if pay for their own
dumpster, participate in curbside recycling, and sign waiver.

PENALTIES:
Violations of Sec. 3 & 4

FINE
 After conviction:1st offense – Warning,
2nd offense – $100,  Subsequent
– $200

Violations
of Sec. 5, 6, 7, 8

FINE
– 1st offense – $50, 2nd offense – $100, Subsequent
– $200.

10%
interest charged for failure to pay assessed fine within 21 days.

ENFORCEMENT:
Police, Health Inspectors, other person that Mayor deputizes with
written notice.

NOTE:
Main ordinance – 06/10/86                              

TOPIC:
BUILDINGS & CONSTRUCTION                

SUBJECT:  
LITTER AND REFUSE

KEY WORDS:         
SIDEWALKS, GUTTERS

CODE:
ORD II-3

AGENCIES:
HEALTH, PARKING DEPTS

STATUTES: 

DATES:
07/10/90

ELEMENTS:  
“All persons shall keep the gutters or the sidewalks, which abut
the property owned, rented, leased or otherwise occupied by them, clean and
free of litter on a daily basis.  Any
person who fails to exercise reasonable daily maintenance in keeping the
gutter area free of litter and debris shall be in violation of this
regulation.”

PENALTIES:
FINE – First Offense – Warning


 Second
Offense – $50

NOTE:
Fine paid through Parking Dept.
After 3 offenses hearing before Health Dept.
Failure to appear at hearing $500 fine.
All fines not paid within 21 days become a lien on property.

 

IN THE YEAR TWO THOUSAND
EIGHT AN
ORDINANCE AMENDING AN

ORDINANCE RELATIVE TO
LITTER AND REFUSE IN THE CITY OF LYNN

 

Be it ordained by the City
Council of the City of Lynn and by the authority of the same as

follows, to wit:

SECTION 1:00

All-trash, Utter and refuse
located upon private property awaiting collection and kept

outdoors shall be stored in an
“authorized rubbish receptacle”. An “authorized rubbish

receptacle” shall be construed
preferably of heavy plastic or of metal, with tight-fitting

covers, and shall be fly
tight, rodent resistant, nonflammable and waterproof. Authorized

rubbish receptacles for City
rubbish collection shall not exceed fifty pounds per

container. Limit on weight
does not apply to authorized rubbish receptacles for private

collection. Receptacles should
have the resident’s address displayed clearly on the side of

the barrel.

“Authorized rubbish
receptacles” shall also mean heavy-duty plastic bags that are

fastened securely with wire,
string or tape and must be stored in authorized rubbish

receptacles with tight fitting
covers when stored outside. On the day of collection only

heavy duty plastic bags can be
placed out and can only be put on top of authorized

rubbish receptacles and cannot
be placed on the ground.

SECTION 2:00

Trash containers which are not
stored outdoors and are only placed outdoors on the day

of trash collection heed not
be equipped with covers.

SECTION 3:00

All acceptable refuse may be
placed out for collection no earlier than 5:00 p.m. on the

day before scheduled
collection and no later than 7:00 a.m. on the day of trash

collection. All acceptable
rubbish receptacles shall be removed from the sidewalk no

later than 6:00 p.m. on the
day of collection.

SECTION 4:00

Only trash., litter and refuse
stored in authorized rubbish receptacles, including heavy

duty plastic bags will be
collected by the City of Lynn.

 

SECTION 5:00

Any person(s) who shall fail
to comply with the provisions of this Ordinance shall

receive a written warning for
the first offense and shall be fined Three Hundred ($300.00)

Dollars for each subsequent
offense.

SECTION 6:00

The City of Lynn Department of
Inspectional Services shall be the enforcing authority for

the provisions of this
Ordinance.

SECTION 7:00

The provisions of this
Ordinance shall be subject to Non-Criminal Dispositions as

permitted by M.G.L. c. 40,
§21D.

SECTION 8:00

All ordinances and parts of
ordinances inconsistent herewith are hereby repealed.

SECTION 9:00

This Ordinance shall take
effect thirty-one (31) days after its final approvals adopted

and advertised.

 

TOPIC:
BUILDINGS AND CONSTRUCTION 
                       

SUBJECT:  
REMOVAL OF SNOW AND ICE

KEY WORDS:        
SNOW AND ICE, STREETS, SIDEWALKS, DUMPING

CODE:             
ORD II-4

AGENCIES:
POLICE, PARKING, DPW

STATUTES: 

DATES:
12/17/96, 04/12/94, 02/03/81, 11/14/78,

10/03/24

ELEMENTS:  
The owner or agent having charge of an estate abutting any sidewalk
within the limits of the public ways of the City of Lynn, shall remove or
cause to be removed, the snow and ice from the sidewalk in front of such
estate unless the ice thereon is made even and covered with sand or other
suitable substance to prevent slipping.
If the snow ceases falling in the daytime, which is defined as 07:00
to 18:00, it shall be removed within four hours after the snow has ceased to
fall, and if it ceases falling in the nighttime which is defined as 18:01 to
06:59, it shall be removed before 22:00 .


“No person shall deposit or dump snow
in any manner from inside their line or from any sidewalk, onto the City
streets.”


Includes snow and ice however
accumulated.


Winter Season:
Nov. 15 to Mar. 15.  DPW
discretion to allow only on sided parking to be alternated each year.
Police and Parking Depts. are the enforcement agencies.

PENALTIES:
FINE – $50 per offense.

TOPIC:
BUILDINGS AND CONSTRUCTION

SUBJECT:  
SWIMMING POOLS

KEY WORDS:         
FENCES

CODE:
ORD II-5

AGENCIES:
BUILDING DEPT.

STATUTES: 
STATE BUILDING CODE SECTION 422

DATES:
07/08/75, 04/23/74

ELEMENTS:  
Authority and definitions from State Building Code Section 422.


Requires pools to be completely enclosed
by a wall, fence or other means so constructed as to be inaccessible to
small children.  Such enclosures
shall be no less than 4 feet in height with a self-latching gate or an
equivalent enclosure or means of protection from access to the pool.

PENALTIES:
FINE – Not less than $10 nor more than

$100 per day of violation.

NOTE:
Incomplete ordinance 04/23/74 has definitions that are probably
superseded by State Building Code.  Requires
license for public and semi private pools – incomplete ordinance.

TOPIC:
BUILDINGS AND CONSTRUCTION

SUBJECT:  
UNSAFE BUILDINGS

KEY WORDS:         
NUISANCE     

CODE:
ORD II-6

AGENCIES:
BUILDING DEPT.

STATUTES: 

DATES:
01/10/95, 03/08/94, 08/13/74

ELEMENTS:  
Building Superintendent has authority to order owner of unsafe
building to board it up.  ½
inch plywood secured to 2 x 3 beam with one inch carriage bolts.
Plywood to be painted or stained consistent with building


Ordinance requires posting of owners
name address and phone number for purpose of remedying public safety or
health violations.

PENALTIES:
FINE – $50 per day.

NOTE:
Ordinance 03/08/94 defining unsafe building rescinded on 11/22/94.

TOPIC
:
BUILDINGS AND CONSTRUCTION

SUBJECT:  
WEEDS AS NUISANCE

KEY WORDS:         
PLANTS

CODE:             
ORD II-7

AGENCIES:
HEALTH DEPT.

STATUTES: 

DATES:
09/11/79, 09/24/68

ELEMENTS:  
SECTION 1.  “Any weeds
such as jimson, burdock, ragweed, thistle, cocklebur, or other weeds of a
like kind, found to be growing in any lot or tract of land in the city are
hereby declared to be a nuisance, and it shall be unlawful to permit any
such weeds to grow or remain in any such place.


SECTION 2.
“It shall be unlawful for anyone to permit any weeds, grass or
plants, other than trees, bushes, flowers, or other ornamental plants to
grow to a height which would be declared a health hazard to the inhabitants
of the City of Lynn by the Commissioner of the Department of Public Health
of the City of Lynn.


SECTION 3.
“It shall be the duty of the Commissioner of the Department of
Public Health to serve of cause to be served a notice upon the owner or
occupant of any premises on which weeds or plants are permitted to grow in
violation of the provisions of this ordinance and to demand the abatement of
the nuisance within ten days.


SECTION 4.
Abatement.  If the person served does not abate the nuisance within 10
days, the City can abate the nuisance and charge the owner for the expense.


SECTION 5.
Lien.  Charges for weed removal constitute a lien upon the premises.
City can file lien claim with Registry of Deeds in not paid within 60
days.


SECTION 6.
Foreclosure of lien.  “Property
subject to a lien for unpaid weed cutting charges shall be sold for
nonpayment of same and the proceeds of such sale shall be applied to pay the
charge after deducting costs, as in the case of statutory liens.
Such foreclosure shall be in equity in the name of the city.
The city attorney is hereby authorized and directed to institute such
proceedings, in the name of the city, in any court having jurisdiction over
the matter, against any property or which such bill has remained unpaid
sixty days after it has been rendered.”


           

PENALTIES:
FINE – $100 per day.  Lien.

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