Residences Unfit for Human Habitation; Hearing; Condemnation; Order to Vacate; Demolition

(A) Finding That a Residence or Portion Thereof Is Unfit for Human Habitation. If an inspection conducted pursuant to 105 CMR 400.100 or 105 CMR 410.600 reveals that an occupied residence or portion thereof is unfit for human habitation, the board of health shall, subject to 105 CMR 410.650(B), (C) or (D) issue a written finding that the residence or portion thereof is unfit for human habitation. The finding shall include a statement of the material facts and conditions upon which the finding is based. (B) Prior Notification to Occupant(s) and Owner. If the residence or portion thereof is occupied, the board of health shall, prior to issuing a finding under 105 CMR 410.650(A), provide written notice to the occupant(s) and owner which shall include: (1) Identification of the residence (address and apartment number, if any); (2) A copy of the inspection report; (3) A statement that the board of health will consider issuing a finding that the residence or a specifically identified portion thereof is unfit for human habitation; (4) A statement that this finding may result in an order of condemnation requiring the owner to secure the residence or portion thereof and requiring the occupant(s) to vacate the residence or portion thereof; and (5) A statement of the time and place of a public hearing which the board of health will conduct in order to determine whether the residence or portion thereof is unfit for human habitation, and whether an order to secure and vacate should be issued. (C) Service of Notice. The notice shall be served in accordance with 105 CMR 410.680. (D) Hearing If Residence or Portion Thereof Is Occupied. If the residence or portion thereof is occupied, then the board shall, prior to issuing a finding under 105 CMR 410.650(A), and at least five calendar days after service of the notice required by 105 CMR 410.650(B), conduct a public hearing to determine whether the residence or portion thereof is unfit for human habitation and whether an order to secure and to vacate should be issued. At the hearing the occupant(s), owner, or any other affected person shall be given an opportunity to be heard, to present witnesses or documentary evidence and to show why the residence or portion thereof should or should not be found unfit for human habitation, and why an order to vacate and an order to secure should or should not be issued. (E) Exception to Notification and Hearing Requirements. If at any time the board of health determines in writing that the danger to the life or health of the occupant(s) is so immediate that no delay may be permitted, then the board of health may immediately issue a finding that an occupied residence or portion thereof is unfit for human habitation without providing the notification or hearing specified in 105 CMR 410.650(B) and (D). This emergencydetermination must include a written explanation of the conditions presenting an immediate danger. The board of health shall send the owner and each affected person a copy of the finding of unfitness for human habitation and a copy of the determination of immediate danger, which shall include a statement advising of their right to a hearing in accordance with 105 CMR 410.800(A). (F) Condemnation, Order to Vacate, Order to Secure. (1) At the same time, or at any time after the board of health issues a finding that a residence or portion thereof is unfit for human habitation, the board may issue an order condemning the residence or portion thereof and an order to vacate the residence or portion thereof, and an order requiring the owner to secure the residence or portion thereof. (2) If the residence or portion thereof which is ordered to be secured is unoccupied, and therefore no public hearing was conducted prior to the issuance of the order, then the owner or any other affected person shall have the right to request a hearing in accordance with 105 CMR 410.800 through 105 CMR 410.860. (3) No residence or portion thereof which is ordered to be secured shall be occupied without the prior written permission of the board of health based upon the board's written finding that the residence or portion thereof to be occupied is fit for human habitation. (G) Demolition. If, one year after the issuance of an order to secure, compliance with 105 CMR 410.000 has not been achieved, then the board of health may cause the residence or portion thereof to be demolished or removed provided the requirements of 105 CMR 410.800(A) have been met.