Brockton Code of Ordinances ch. 4, art. II § 4-24

(a) If after any inspection pursuant to this article, an inspector refuses to issue a certificate of fitness, he shall issue an order setting forth the violations of article II of the state sanitary code existing in an apartment which must be corrected before a certificate of fitness may be issued. It shall be the responsibility of any owner receiving such order to notify PHD when such violations have been remedied. If within five (5) full working days of receipt of such notice, PHD shall fail to make a reinspection of such vacant unit, it shall issue a certificate of permission to rent, permitting such unit to be reoccupied.
(b) Any rental unit determined to be a problem property as defined by section 4-40.2 , as it may be adopted and amended from time to time, must annually request an inspection from PHD. Each owner of a problem property shall also file with PHD an annual management plan, within thirty (30) days of its classification as a problem property, outlining the remediation of any outstanding code violations or other persistent conditions requiring the landlord's affirmative response as identified by the task force. Said management plan shall identify the deficiencies in the property, identify consultants and contractors engaged to proceed with any remediation work, detail any proposal made by the contractors or consultants, and set out a timeline over which the work will be completed.
(c) Chronic offender point system. Residential rental property owners who fail to register or who repeatedly fail to comply with notices of violations, or warnings of noncompliance, or municipal fines, shall be assessed points based on the following schedule at the time of registration or at the time the violation is found (property owners cannot be assessed points under more than one of the following sections for the same violation):
(1) Inclusion on the problem property list, (2 points).
(2) Failure to comply with a PHD notice of violation under the state sanitary code (105 CMR 400 & 410) the state building code (780 CMR), or Brockton zoning code, within the time frame provided, (1 point).
(3) Failure to make a good faith effort to correct emergency violations after two (2) inspections, (2 points).
(4) Failure to register and/or complete the inspection requirements of section 4-23 , (1 point).
Upon being assessed with points in excess of the amount allowed, as described in Table 1 below, PHD shall notify owners of their classification as a "chronic offender" by mail, return receipt requested. PHD shall notify owners of each point assessed by mail, return receipt requested. The owner shall have fourteen (14) days to request a hearing to contest each point assessment or their classification as a "chronic offender". Chronic offenders are subject to fines of three hundred dollars ($300.00), or the maximum allowed, for each subsequent point received in a twelve (12) month rolling period, and may also be subject to court prosecution under the applicable codes and regulations. Chronic offenders shall be required to request an inspection of each rental unit once every two (2) years, and it shall be mandatory that PHD conduct said two (2) year inspection. Chronic offenders with less than two (2) points in a rolling twelve (12) month period shall have the chronic offenders classification removed on the last day of the twelfth (12th) month following their classification. TABLE 1 # Rental Units Owned Point Threshold in a 12 Month Period Point Threshold in a 16 Month Period 1 to 50 units 6 10 51 to 500 units 10 16 501 or more units 14 24
(d) All inspections performed under these sections shall be performed in accordance with the requirements of the state sanitary code and recorded on a form approved by the PHD. The commissioner shall charge a filing fee of fifteen dollars ($15.00) for any registration or sworn statement filed by an owner, authorized inspector or other agent of the owner; said filing fees shall be capped at a maximum of two thousand five hundred dollars ($2,500.00) per building or five thousand dollars ($5,000.00) per complex.
For an inspection performed by PHD, the commissioner shall charge a fee of fifty dollars ($50.00) per unit for buildings of one (1)-to-three (3) units and seventy-five dollars ($75.00) per unit for all other buildings, including condominium units. This inspection fee shall provide up to the first inspection, for two (2) or more inspections, the Commissioner shall charge a fee of fifty dollars ($50.00) per inspection for each rental unit inspected.
(e) Before conducting an inspection pursuant to section 4-23 of an occupied unit, reasonable advance notice shall be provided to the occupant in writing. Results of the inspection shall be provided to both the owner and the occupant. If an owner's agent is denied access by the occupant for purposes of conducting a section 4-23 inspection, the owner of said unit shall notify PHD of such denial within seven (7) calendar days. Such denial shall be noted on a sworn, dated statement filed by an authorized inspector. If any person is denied access to a unit for the purposes of conducting such an inspection by the occupant, then PHD shall verify and document in writing such denial, which shall exempt the owner from the inspection requirements of section 4-23 for the period of one (1) year. Denial of access by the occupant shall neither deem the dwelling to be in compliance with the state sanitary code nor bar the occupant from exercising legal rights. The commissioner may cause the unit to be inspected pursuant to the terms herein in the manner provided for in the state sanitary code.
(f) Decertification process for authorized inspectors and owners granted an inspection waiver: All authorized inspectors shall perform all inspections in a manner consistent with this section and shall refer to PHD any issue involving imminent life safety or health problems. Authorized inspectors accept the designation to perform these inspections with the understanding that the failure to adhere to the standards of good faith, fair dealing and honesty will result in the revocation of the status as authorized to perform these inspections, action against the professional license and if relevant, notification to authorities for criminal prosecution. PHD shall immediately revoke the approval of any authorized inspector, or owner who has been granted an inspection waiver, who misrepresents the condition of a unit or fails to inspect a unit with due care, misrepresents any information on the application form or any form or document submitted under this section, or for any reason demonstrating a failure to honor the requirement of good faith and fair dealing. An authorized inspector may request a hearing once aggrieved by such a revocation of approval. A hearing shall be held within thirty (30) days upon a written request from the aggrieved party.
(g) Failure to comply with any provisions of this ordinance shall be punishable by a fine as set out in section 4-28 .
(h) Any and all notices, statements, inspection forms, applications including supporting documentation, and any other documents concerning an inspection pursuant to section 4-23 shall be a matter of public record.
(i) In an effort to evaluate the effectiveness of the inspection programs delineated herein, the commissioner shall annually prepare a report detailing the activities of the program no later than July 31st of each calendar year, beginning June 30th, 2020. The annual written report shall include the following items:
(1) The number of registration statements received by the commissioner during the prior twelve (12) month period.
(2) The number of owners issued fines or citations by PHD for (i) failing to initially file a registration statement and (ii) for failing to file a registration statement within thirty (30) days of written notice from PHD.
(3) The total number of inspections performed by PHD inspectors during the prior twelve (12) months, along with a district categorized list of the number of inspections performed in such district during such period.
(4) The total number of inspections performed on problem properties, as defined in section 4-40.2 , along with a break down by district of the number of problem properties inspected in such district.
(5) Such other information as may be requested by the city council.
(j) The provisions of section 4-23 may be enforced in accordance with the noncriminal disposition process of M.G.L. c. 40, § 21D, provided that this section shall not preclude the City of Brockton from proceeding to restrain a violation by injunction. The provisions of this section may also be enforced according to M.G.L. Chapter 40 as accepted by the City of Brockton.
(k) Transfer or ownership of rental units must be reported to PHD within thirty (30) days of closing. New property owners must register within thirty (30) days of closing and must submit a reasonable maintenance plan that identifies and address any significant code deficiencies within the subject property. If the property was acquired during its inspection year and the inspections did not occur before the transfer of ownership, then the new owner must, within ninety (90) days, must complete any required inspection.
(l) The commissioner shall promulgate written rules and regulations necessary to implement and enforce the provisions of section 4-23 . The commissioner will work to employ and implement technology to the extent possible in order to optimize the fairness and effectiveness of the registration and inspection processes within these rules, which may be revised from time to time.
(m) If any provision of section 4-23 shall be held to be invalid by a court of competent jurisdiction, then such provision shall be considered separately and apart from the remaining provisions, which shall remain in full force and effect.