Code of Massachusetts Regulations
780 CMR - STATE BOARD OF BUILDING REGULATIONS AND STANDARDS
Chapter CHAPTER 1 - SCOPE AND ADMINISTRATION
Part PART 2 - ADMINISTRATION AND ENFORCEMENT
Section SECTION 114 - VIOLATIONS
Subsection 114.2 - Notice of Violation

Universal Citation: 780 CMR MA Code of Regs 114.2

Current through Register 1543, March 14, 2025

The building official is authorized to serve a notice of violation or order on the person responsible for the erection, construction, alteration, extension, repair, moving, removal, demolition or occupancy of a building or structure in violation of the provisions of 780 CMR, or in violation of a permit or certificate issued under the provisions of 780 CMR. Such order shall direct the discontinuance of the illegal action or condition and the abatement of the violation.

114.2.1 Notice Service and Content. The initial notice of violation may be verbal, but shall be followed in writing within 48 hours. For the purposes of an Appeal, the date of the written notice of violation shall be the official date of service. Every notice or order authorized pursuant to 780 CMR 114.2 shall be in writing and shall be served on the person responsible:

1. Personally, by any person authorized by the building official; or

2. By any person authorized to serve civil process by leaving a copy of the order or notice at the responsible party's last and usual place of business or abode; or

3. By sending the party responsible or his or her agent authorized to accept service of process in the Commonwealth a copy of the order by registered or certified mail return receipt requested, if he or she is within the Commonwealth;

4. By electronic means by which receipt can be verified; or

5. If the responsible party's last and usual place of business or abode is unknown, by posting a copy of this order or notice in a conspicuous place on or about the premises in violation and by publishing it for at least three out of five consecutive days in one or more newspapers of general circulation wherein the building or premises affected is situated.

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