Amherst Committee Reviews Nuisance Property Bylaw, Debates Liability and Clarity
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Meeting Type:
Oversight and Review Committee
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Meeting Date:
05/23/2024
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Recording Published:
05/24/2024
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Duration:
124 Minutes
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State:
Massachusetts
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County:
Hampshire County
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Towns:
Amherst
- Meeting Overview:
AMHERST, MA – The Amherst Governance, Organization, and Legislation Committee recently engaged in a review of the nuisance property bylaw aimed at enhancing its clarity, consistency, and actionability. Central to the discussions was the liability of property owners and individuals in charge of premises for infractions, alongside debates on the notification process and the definition of a nuisance property. Additional topics included the evaluation of the town manager, the extension of deadlines for the Charter Review Committee, and the paint stewardship resolution.
The review of the nuisance property bylaw took center stage as committee members scrutinized various sections including definitions, infractions, and penalties. The dialogue was intense over the liability of property owners and the individuals in charge after three or more infractions within a year, with concerns raised about the fairness and practicality of holding all occupants legally liable for violations they may not be involved in. The committee members sought to ensure that the bylaw was actionable and fair, highlighting the necessity for clear and consistent language.
Notably, there was debate over the definition of “public nuisance violations” and the need for specific language to address these concerns. Redundancy of phrases and the relevance of retaining certain text were also contested. Members discussed the importance of aligning the bylaw’s language with the Mass General Law chapter 272 section 53, which addresses penalties for certain offenses, to maintain consistency.
The committee wrestled with the definitions of “occupants” and whether it should be capitalized and have a specific definition within the bylaw. The effectiveness of the notification process was questioned, with suggestions of using certified mail to ensure property owners and persons in charge receive timely notices. The adequacy of posting a notice on the property as a sole means of reaching property owners and persons in charge was also a topic of concern.
The potential for a nuisance property designation based on the number of infractions prompted a discussion on the liability of persons in charge. The committee considered the implications of monetary penalties and the process for the abatement of public nuisances. The discussion aimed to clarify the responsibilities of the appropriate departments for carrying out inspections and contacting property owners.
Further examination of the bylaw included the term “corrective action plan,” with an emphasis on the need for it to be clearly defined. The possibility of adding a severability clause to the bylaw was raised, which would allow for the rest of the bylaw to remain in effect if any part of it is found to be invalid or unenforceable.
Attention was also directed towards the upcoming agenda items, particularly the interviews for committee appointments. The committee debated the number of completed applications received and considered extending the deadline for applications. The legitimacy of the selection process with the current number of applicants was a point of contention.
The meeting addressed administrative matters such as setting and evaluating the town manager’s goals. Some members expressed a need to improve this process, debating the effectiveness of prioritizing within the policy goals. The committee reviewed a document related to this topic and discussed potential improvements to the evaluation process.
Furthermore, the committee deliberated on the paint stewardship resolution, making minor changes to the wording and punctuation. A debate ensued over the inclusion of a reference to the effectiveness of paint stewardship laws in neighboring states within the resolution.
Lastly, the committee discussed the deadline for the return of state of interests for the Charter Review Committee, which was changed to 5:00 P.M. on Monday, May 27th. This change was made to accommodate the Memorial Day weekend, extending the deadline to ensure adequate participation.
Paul Brockelman
Oversight and Review Committee Officials:
Ana Devlin Gauthier, Pat De Angelis, Ndifreke Ette, Lynn Griesemer, George Ryan, Athena O’Keeffe (Clerk of the Council)
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Meeting Type:
Oversight and Review Committee
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Meeting Date:
05/23/2024
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Recording Published:
05/24/2024
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Duration:
124 Minutes
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Notability Score:
Routine
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State:
Massachusetts
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County:
Hampshire County
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Towns:
Amherst
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