Enforcement

The Town Building Inspector is responsible for enforcing St. 1973, c. 470. The law states that “no permit shall be issued by the local building inspector for any building or structure to be erected, removed or demolished within the District unless the applicationfor said permit shallbe accompanied by a Certificate of Appropriateness, Certificate for Removal or Demolition, or Certificate of Exemption.” (See St. 1973, c. 470, § 6). The law further states that the building inspector of the affected town shall have the “power and duty” to enforce the provisions of this law. For these reasons all violations should be promptlyreported to the localbuildinginspector’s office for proper enforcement action. While the local building inspectors are specifically charged with the responsibility for enforcing the Act, any person who observes a violation may seek a criminal complaint against the violator(s). Any person who violates any provision of the Historic District Act is guilty of a misdemeanor and in 1974 the Massachusetts Supreme Judicial Court ruled that even though the Legislature may have imposed the duty to prosecute violations on a particular public official--in that case a health agent-­ anyone who is competent to give oath may seek a criminal complaint in the local District Court. (See: Commonwealth v. Haddad, 364 Mass. 795, 308 NE2d 899 (1974)). Therefore, if a citizen feels strongly about a violation, he may seek direct action against the violator(s) by going to the Magistrate’s office of the local District Court. The Commission recommends that all violations be brought to the local building inspector’s office for enforcement. If criminal action is to be initiated, the complainant should obtain competent legal advice and discuss the matter with members of the local District Attorney’s office.