Code of Massachusetts Regulations
105 CMR - DEPARTMENT OF PUBLIC HEALTH
Title 105 CMR 410.000 - Minimum Standards of Fitness for Human Habitation, State Sanitary Code, Chapter II
Section 410.680 - Service of Orders and Notices

Universal Citation: 105 MA Code of Regs 105.410

Current through Register 1531, September 27, 2024

(A) All orders and notices issued under 105 CMR 410.000 shall be served on the persons responsible for correcting the violation.

(B) Service of all orders and/or notices on the person responsible for correcting the violation shall be served:

(1) In person by a person authorized to serve civil process;

(2) By a civil process server leaving a copy at the person's last and usual place of abode;

(3) By sending a copy by registered or certified mail, return receipt requested;

(4) If the person's last and usual place of abode is unknown, by posting a copy in a conspicuous place on or about the dwelling or portion thereby affected and by advertising it for at least three out of five consecutive days in one or more newspapers of general circulation within the municipality wherein the building or premises affected is situated; or

(5) By a parcel delivery service that documents service with an electronic copy of a signature.

(C) A copy of every order or subsequent notice issued under the provisions of 105 CMR 410.640 or 105 CMR 410.650 to a person responsible for correcting the violation shall also be personally delivered or sent by first class mail to the affected persons, except that when a violation in a common area affects more than three dwelling units and the owner is the person responsible for correcting the violation, the notification required by 105 CMR 410.680(C) may be satisfied by posting a copy of every order or subsequent notice in a conspicuous place in or on the building.

(D) A copy of every order or subsequent notice issued under the provisions of 105 CMR 410.650 that is served on an occupant of the affected premises shall also be personally delivered or sent by first class mail to the owner of the affected premises.

(E) A copy of every order issued under the provisions of 105 CMR 410.650 shall also be served upon every mortgagee and lien holder of record by sending it registered or certified mail, return receipt requested, or by sending a copy using a delivery service that collects an electronic copy of a signature as proof of receipt.

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