(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 agency within 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.
