HOUSE DOCKET, NO. 604        FILED ON: 1/13/2013

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1883

The Commonwealth of Massachusetts

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PRESENTED BY:

Martha M. Walz

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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act amending the municipal ticket law.

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PETITION OF:

HOUSE DOCKET, NO. 604        FILED ON: 1/13/2013

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1883

[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 1461 OF 2011-2012.]

The Commonwealth of Massachusetts

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In the Year Two Thousand Thirteen

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An Act amending the municipal ticket law.

Whereas, The deferred operation of this act would tend to defeat its purpose, which is to provide all municipalities with effective fine collection measures, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public convenience.
 

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

SECTION 1. Chapter 40U of the General Laws is hereby amended by striking out section 8, as appearing in the 2010 Official Edition, and inserting in place thereof the following section:-

Section 8. Every officer and inspector who takes notice of a violation of a rule, regulation, order, ordinance or by-law regulating the housing, sanitary or snow and ice removal requirement shall provide the offender with written notice to appear before the municipal hearing officer or the hearings officer’s designee during regular office hours not later than 21 days after the date of the violation.

SECTION 2. Said chapter 40U is hereby further amended by striking out section 9, as so appearing, and inserting in place thereof the following section:-

Section 9.  The written notice of any violation shall either be affixed securely to the property or building or mailed promptly to the owner of the property or building via regular mail or, for a property or building with an onsite professionally-managed property office, mailed promptly via regular mail or delivered to the office during normal business hours.  The written notice of the violation shall contain, but shall not be limited, to: the date, time and place of the violation, the specific violation charged, the name and badge number of the officer or inspector and his division, a schedule of payment for established fines and instructions for return of the notice of violation.

SECTION 3. Said chapter 40U is hereby further amended by striking out section 10, as so appearing, and inserting in place thereof the following section:-

Section 10. Within 3 business days after completion of each shift, the officer or inspector shall retain and preserve copies, in either written or electronic form, of each notice of a violation issued during the shift and deliver those copies to the municipal hearing officer. The municipal hearing officer shall maintain a docket of all notices.