Judicial Proceedings

(A) Initiation. A State Program, local lead poisoning prevention program or local code enforcement inspector shall within seven working days initiate judicial proceedings which may be either criminal proceedings seeking enforcement of penalties provided under M.G.L. c. 111, §§ 194 through 199A and the sanitary code, 105 CMR 400.700; or a civil action for injunctive relief, brought pursuant to M.G.L. c. 111, §§ 127A through 127C, or c. 186, § 14, or c. 93A, against the owner, and any other person who may be joined pursuant to M.G.L. c. 111, § 127N, if: (1) In a case involving a lead poisoned child: (a) If any of the following are not received by the code enforcement agency within 30 days of the owner’s receipt of the Order to Correct Violation(s) as specified at 105 CMR 460.751(A)(1) and (B)(1): a copy or copies of a signed contract(s) with an authorized person(s), as specified at 105 CMR 460.751(B)(1); written documentation of an effort to secure financing for abatement and/or containment, as specified at 105 CMR 460.751(A)(1); and if an authorized owner or owner’s agent is going to perform low- and/or moderate-risk abatement and containment work, a copy of the owner’s or owner’s agent’s authorization and a written statement of timelines for completion of the work; or (b) the owner submitted documentation of an effort to secure financing for abatement and/or containment for full compliance, as specified at 105 CMR 460.751(A)(1), but either of the following are not received by the code enforcement agencywithin 60 days of the owner’s receipt of the Order to Correct Violation(s) as specified at 105 CMR 460.751(A)(2): a copy or copies of a signed contract(s) with an authorized person(s), and if an authorized owner or owner’s agent is going to perform low- and/or moderate-risk abatement and/or containment, a copy of the owner’s or owner’s agent’s authorization and a written statement of timelines for completion of the work; or (c) interior and/or exterior abatement and/or containment for full compliance is not completed within the time periods specified in 105 CMR 460.751(A)(2) or (B)(1). This may be determined by the code enforcement agency’s failure to receive notification of abatement and/or containment pursuant to 105 CMR 460.150. (2) In a case in which no lead poisoned child resides in the premises: (a) Either of the following are not received by the code enforcement agency within 60 days of the owner’s receipt of the Order to Correct Violation(s) as specified at 105 CMR 460.751(C)(1): a copy or copies of a signed contract(s) with an authorized person(s), and if an authorized owner or owner’s agent is going to perform low- and/or moderate-risk abatement and/or containment work, a copy of the owner’s or owner’s agent’s authorization and a written statement of timelines for completion of the work; or (b) interior abatement and/or containment for full compliance, or as required for interim control, is not completed and documented within the time periods specified in 105 CMR 460.751(C)(1); or (c) a Letter of Full Compliance, Letter of Interim Control or Certification of Restored Compliance is not issued within 120 days of the owner’s receipt of the Order to Correct Violation(s). (B) Repair by Code Enforcement Agency. If within the time period specified in the Order to Correct Violation(s) the property is not brought into full compliance, restored to full compliance, or interim controls are not completed, the code enforcement agency may contract with an authorized person or persons to correct the violations and obtain either a Letter of Full Compliance, a Certification of Restored Compliance, or, in the case of a child who is not lead poisoned, a Letter of Interim Control, and bill the owner, or initiate court action to reimburse itself. (C) Prosecution of Judicial Proceedings. The code enforcement agency shall diligently prosecute all judicial proceedings without substantial delay.