Subsection 114.2 - Notice of ViolationThe building official is authorized to serve a notice of violation or order on the person responsible for the erection, construction, alteration, extension, repair, moving, removal, demolition or occupancy of a building or structure in violation of the provisions of 780 CMR, or in violation of a permit or certificate issued under the provisions of 780 CMR. Such order shall direct the discontinuance of the illegal action or condition and the abatement of the violation.
114.2.1Notice Service and Content. The initial notice of violation may be verbal, but shall be followed in writing within 48 hours. For the purposes of an Appeal, the date of the written notice of violation shall be the official date of service. Every notice or order authorized pursuant to 780 CMR 114.2 shall be in writing and shall be served on the person responsible: 1. Personally, by any person authorized by the building official; or2. By any person authorized to serve civil process by leaving a copy of the order or notice at the responsible party's last and usual place of business or abode; or3. By sending the party responsible or his or her agent authorized to accept service of process in the Commonwealth a copy of the order by registered or certified mail return receipt requested, if he or she is within the Commonwealth;4. By electronic means by which receipt can be verified; or5. If the responsible party's last and usual place of business or abode is unknown, by posting a copy of this order or notice in a conspicuous place on or about the premises in violation and by publishing it for at least three out of five consecutive days in one or more newspapers of general circulation wherein the building or premises affected is situated.780 CMR, ch. 1, pt. 2, 114, 114.2
Amended by Mass Register Issue 1532, eff. 10/11/2024.