October 20, 2020

“Motion made and 2nd that the following Order be adopted: ORDERED That after a public hearing held on November 19, 2019 at 7:00 p.m. in the Council Chamber, Woburn City Hall, 10 Common Street, Woburn, Massachusetts, and a further hearing held on January 21, 2020 at 7:00 p.m. in the Council Chamber, Woburn City Hall, 10 Common Street, Woburn, Massachusetts, and a further hearing held on May 19, 2020 at 7:00 p.m. as a remote meeting pursuant to the authority granted under an Executive Order of the Governor on March 12, 2020 and Section 17(d) of Chapter 53 of the Acts of 2020, and a further hearing held on July 21, 2020 at 7:00 p.m. as a remote meeting pursuant to the authority granted under an Executive Order of the Governor on March 12, 2020 and Section 17(d) of Chapter 53 of the Acts of 2020, and a further hearing held on September 8, 2020 at 7:00 p.m. as a remote meeting pursuant to the authority granted under an Executive Order of the Governor on March 12, 2020 and Section 17(d) of Chapter 53 of the Acts of 2020, pursuant to Massachusetts General Laws Chapter 139, Section 1, et. seq., and a further hearing held on and a further hearing held on October 20, 2020 at 7:00 p.m. in the Council Chamber, Woburn City Hall, 10 Common Street, Woburn, Massachusetts, it is hereby ORDERED by the City Council of the City of Woburn that the real property located at 8 Russell Court, Woburn, Massachusetts (hereinafter "the Property"), be declared a public nuisance, a nuisance to the neighborhood, and a dilapidated or dangerous or other structure for the following reasons: 1. The Property is a single-family residential structure located in a neighborhood in near proximity to many other single-family residential structures. 2. The Property is in poor condition and disrepair. 3. The exterior upkeep and care of the Property is inadequate. 4. The exterior grounds are overgrown, numerous items are scattered throughout the property. 5. The exterior also contains many vehicles that appear to not be operational and loaded with trash. There have been several inquiries into whether all these vehicles have been registered. There have been consistently more vehicles on property that have been registered with the City of Woburn. 6. Further, the Property owner has only provided four (4) Massachusetts Vehicle Registrations for vehicles located at this Property. 7. The Deputy Treasurer/Director confirmed the number of vehicles registered to the owner on November 18, 2019, July 15, 2020, and September 8, 2020. 8. Garbage has been stored outside the Property and has been allowed to build up. 9. The conditions of the Property adversely affect the quality of life in the neighborhood, and is adverse to the health, safety and welfare of the residents in the area and the general public. 10. On September 5, 2019, the Building Commissioner contacted the Property Owner by regular and certified mail, indicating that site inspection were conducted on July 22, 2019, and September 4, 2019 and that it was evident that the exterior grounds along the street have overgrown bushes and there is also trash and other debris including disabled motor vehicles which are all violations of the Woburn Municipal Code Title 15 Article VII. 11. After items were not addressed in the Building Commissioner's September 5, 2019 letter, a public nuisance hearing was filed with the Woburn City Council and a public hearing was opened on November 19, 2019 at 7:00 p.m. in the Council Chamber, Woburn City Hall, 10 Common Street, Woburn, Massachusetts. The public hearing was then continued until January 21, 2020. A further public hearing was held on January 21, 2020 at 7:00 p.m. in the Council Chamber, Woburn City Hall, 10 Common Street, Woburn, Massachusetts. The public hearing was then continued to May 19, 2020.The public was and a further hearing held on May 19, 2020 at 7:00 p.m. as a remote meeting pursuant to the authority granted under an Executive Order of the Governor on March 12, 2020 and Section 17(d) of Chapter 53 of the Acts of 2020, and a further hearing held on July 21, 2020 at 7:00 p.m. as a remote meeting pursuant to the authority granted under an Executive Order of the Governor on March 12, 2020 and Section 17(d) of Chapter 53 of the Acts of 2020, and a further hearing held on September 8, 2020 at 7:00 p.m. as a remote meeting pursuant to the authority granted under an Executive Order of the Governor on March 12, 2020 and Section 17(d) of Chapter 53 of the Acts of 2020. A further hearing held on and a further hearing held on October 20, 2020 at 7:00 p.m. in the Council Chamber. 12. On September 3, 2020, the Building Commissioner reported that there have been no improvements made to the property. The Building Commissioner has performed continuous site visits with the most recent site inspection occurring on August 31, 2020. At the time of this inspection it was evident that there has been no progress made by the owner to resolve the issues, the exterior grounds are overgrown, numerous items are scattered throughout the property and there are also many vehicles that appear to not be operational and loaded with trash. The City of Woburn Inspectional Services has made numerous attempts to work with the current owner to resolve issues and at this time and the owner has not made any attempts to resolve the issues. The Building Commissioner recommends that the City Council declare this property a public nuisance as the owner has not made any attempt to resolve. 13. The Health Inspector stated in correspondence dated October 14, 2020, that he checked out the property and that there was a potential violation of 105cmr410.602 trash and debris that exist outside of the dwelling. 14. The City Council has given the Property owner several opportunities to address the concerns of the Property. The public hearing and nuisance proceedings began in November 2019 and have been continued through October 20, 2020. Allowing for over a year to address the concerns as outlined in addition to the time provided from July 2019 as outlined in the Building Inspector's September 5, 2019 certified letter. 15. On October 20, 2020, the City Council of the City of Woburn opened and held a public hearing pursuant to Massachusetts General Laws Chapter 139, Section 1, et seq., concerning the Property. NOW, THEREFORE, IT IS ORDERED by the City Council of the City of Woburn pursuant to Massachusetts General Laws Chapter 139, Section 1, et. seq., as follows: 1. That the property located at 8 Russell Court, Woburn, Massachusetts is hereby declared a nuisance to the neighborhood, and a dilapidated or dangerous building or other structure as those terms are used in Massachusetts General Laws Chapter 139, Section 1, et. seq.; and 2. That a communication shall be sent to the City Solicitor requesting that Receivership proceedings be commenced relative to the property located at 8 Russell Court, Woburn Massachusetts. 7 in favor, 0 opposed, 1 abstained, (Demers abstained), 1 absent (Gately absent)..”

Read it in the official minutes, page 4 (PDF)