Amherst Committee Reviews Nuisance Property Bylaw, Debates Liability and Clarity

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.

Note: This meeting summary was generated by AI, which can occasionally misspell names, misattribute actions, and state inaccuracies. This summary is intended to be a starting point and you should review the meeting record linked above before acting on anything you read. If we got something wrong, let us know. We’re working every day to improve our process in pursuit of universal local government transparency.
Town Manager:
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)

Receive debriefs about local meetings in your inbox weekly:

Trending meetings
across the country:

Meeting Date
Filter by bodytypes
Agricultural Advisory Committee
Airport Advisory Board
Art and Culture Board
Beach Committee
Bike and Pedestrian Advisory Committee
Board of Elections
Board of Health
Borough Council
Building Committee
Cannabis Control Board
Cemetery Commission
Charter Revision Commission
Child and Family Services Board
City Council
City Identity Committee
Code Enforcement Board
College Board of Trustees
Community Appearance Board
Community Preservation Committee
Community Redevelopment Agency
County Council
Disability Advisory Committee
Economic Development Board
Elderly Affairs Board
Electric Advisory Board
Environmental Commission
Financial Oversight Board
Historic Preservation Commission
Housing Authority
Human Relations Committee
Human Resources Committee
Insurance Fund
Land Use Board
Library Board
Licensing Board
Mental Health Commission
Municipal Alliance
Open Space Commission
Oversight and Review Committee
Parent Advisory Board
Parking Authority
Parks and Gardens Commission
Parks Commission
Pension Board
Planning Board
Police Review Board
Port Authority
Property Assessment Board
Public Safety Committee
Recreation Commission
Redevelopment Agency
Rent Control Board
Rent Leveling Board
School Board
Sewerage Authority
Shade Tree Commission
Special Magistrate
Taxation & Revenue Advisory Committee
Tourism Board
Trails Committee
Transportation Board
Utility Board
Value Adjustment Board
Veterans Committee
Water Control Board
Women's Advisory Committee
Youth Advisory Committee
Zoning Board
Filter by County
FL
Bay County
Bradford County
Brevard County
Broward County
Clay County
Duval County
Escambia County
Gulf County
Hendry County
Highlands County
Hillsborough County
Indian River County
Lake County
Lee County
Leon County
Levy County
Liberty County
Manatee County
Marion County
Martin County
Miami-Dade County
Monroe County
Okaloosa County
Orange County
Osceola County
Palm Beach County
Pasco County
Pinellas County
Polk County
Putnam County
Santa Rosa County
Sarasota County
Seminole County
St. Johns County
Taylor County
Volusia County
Walton County
MA
Barnstable County
Berkshire County
Bristol County
Essex County
Franklin County
Hampden County
Hampshire County
Middlesex County
Norfolk County
Plymouth County
Suffolk County
Worcester County
MN
Anoka County
Becker County
Beltrami County
Benton County
Blue Earth County
Brown County
Carver County
Cass County
Chippewa County
Chisago County
Clay County
Cook County
Crow Wing County
Dakota County
Freeborn County
Goodhue County
Grant County
Hennepin County
Isanti County
Itasca County
Kanabec County
Kandiyohi County
Koochiching County
Lac Qui Parle County
Lyon County
Mcleod County
Morrison County
Mower County
Nicollet County
Olmsted County
Pipestone County
Polk County
Ramsey County
Rice County
Scott County
Sherburne County
Sibley County
St Louis County
Stearns County
Steele County
Waseca County
Washington County
Wright County
NJ
Atlantic County
Bergen County
Burlington County
Camden County
Cape May County
Cumberland County
Essex County
Gloucester County
Hudson County
Hunterdon County
Mercer County
Middlesex County
Monmouth County
Morris County
Ocean County
Passaic County
Somerset County
Sussex County
Union County
Warren County
NY
Bronx County
Kings County
New York County
Queens County
Richmond County
TN
Shelby County
Filter by sourcetypes
Minutes
Recording