Condemnation, Placarding and Vacating Residences

(A) A residence or portion thereof shall be placarded as unfit for human habitation by the board of health when: (1) A written petition for a hearing is not filed in the office of the board of health within seven calendar days after an order of condemnation of any residence or portion thereof has been issued; or (2) After a hearing, the order of condemnation of a residence or portion thereof is issued. (B) No residence or portion thereof which has been condemned and placarded as unfit for human habitation shall again be used for human habitation until written approval is secured from, and such placard is removed by, the board of health. (C) No person shall deface or remove the placard, except that the board of health shall remove it whenever the defect or defects upon which the condemnation and placarding action was based have been corrected. (D) If any person refuses to leave a residence or portion thereof which has been ordered condemned and vacated and has been placarded in accordance with M.G.L. 111, § 127B and 105 CMR 410.640 through 105 CMR 410.930, such person may be forcibly removed by the board of health or by state or local police authorities upon request of the board of health. (E) When a residence or portion thereof has been condemned and placarded as unfit for human habitation and the occupant of a condemned dwelling unit or rooming unit is not the owner of the residence, the owner shall provide comparable, suitable housing for the occupant for the following time period, or whichever is shortest: (1) The remaining term of the lease or rental period; (2) Such time as the residence is deemed suitable for habitation by the board of health; (3) Such time as the occupant finds alternative, permanent housing and voluntarily terminates tenancy. (F) The board of health may undertake to demolish any residence after an order for its destruction has been properly served on the owner and every mortgagee of record in accordance with the requirements of notice and hearing in 105 CMR 410.650 and 105 CMR 410.800 through 105 CMR 410.860, and M.G.L. c. 111, § 127B. (G) A claim for the expense incurred by said board in demolishing a residence or any portion thereof shall constitute a debt due the city or town in accordance with M.G.L. c. 111, §§ 127B.