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May 16, 2006 - Last week the Massachusetts Senate gave near final approval to legislation sponsored by Senator Richard T. Moore (D-Uxbridge) that, if enacted, might strengthen the ability of towns such as Hopedale to deal more effectively with the owners of vacant mills or abandoned stores or dwellings.
Senator Moore, who has been working closely with Hopedale Fire Chief Scott Garland and the Draper Mill Re-Use Committee, chaired by Barry Feingold, believes the legislation will give additional powers to help the town press property owners to ensure that their property is secure. Hopedale residents have worried for years about a possible fire in the largely vacant property that dominates the center of the community.
The legislation, Senate Bill 1370, sponsored by the veteran lawmaker requires local building inspectors to immediately inspect structures that appear dangerous or abandoned. If the inspection confirms this condition, the inspector will notify the owner of the condition and that the owner must remove the structure or make it safe or secure. If within three days of notification, the owner fails to remove the structure or make it safe or secure, the inspector will immediately secure or remove the structure with the owner paying for all costs.
Under this bill, those individuals who refuse or neglect to remove these structures or make them safe or secure after being notified of the problem may be fined $750 per day. Any owner in possession of a building that is dangerous or abandoned could be found guilty of the crime of "negligent maintenance" if death or serious bodily injury occurs as a result of the dangerous or unsecured condition. The punishment for this serious crime could result in a one-year jail sentence.
Moore’s bill is now under consideration in the House of Representatives. Representative Marie J. Parente (D-Milford), who has also been working with the Re-Use Committee, is also considering a further amendment to the abandoned building statutes. During discussions with Chief Garland, it was learned that there is currently no penalty for failure of a property owner to provide current building plans to the local fire department. These plans could be crucial on combating a fire or conducting a search of the property. Rep. Parente wants to add a fine for failure to comply with this section of the law.
To learn more about Senator Moore’s legislation and his work in the Massachusetts Senate, log onto his web site at www.senatormoore.com
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