City of Springfield

Building Department Inspectional Services

Zoning Division
70 Tapley Street, Springfield, MA 01104
(413)787-6031/TTY (413)787-6641
July 29, 2015
DEMARINIS FRANK A
199 SERVISTAR INDUSTRIAL WAY STE 2
WESTFIELD, MA 01085
NOTICE OF VIOLATIONS
Re:

Parcel:

339 STATE ST Springfield MA 01105

111100591

An inspection was made on July 29, 2015 at 9:49 AM, of false zoned property, owned or controlled by
you located at the above address, which disclosed the following violations(s).
BLIGHTED, VACANT PROPERTY / ILLEGAL DUMPING / GRAFITTI
You are hereby ordered to remedy the listed violations within FORTHWITH days, or we will be
forced to take legal action.
Failure to comply with the above order may result in fines of up to $100.00 per day per violation. We
may also seek a criminal complaint through court proceedings.
Should you have any questions, I may be reached at 413-787-7905, between the hours of 7:00 to 8:30
AM and 2:00 to 3:15 PM.
Sincerely,
Keith O'Connor
Zoning Officer
CERTIFIED MAIL : 7015 0640 0005 6243 1864

Official Use Only

Date of Notification:
7/29/2015

Will Be Re-Inspected:

File-

Compliance:
No

Ticket Issue Date:

Docket #:

Please note:
You are required to apply for any permits necessary in accordance with applicable zoning
requirements or any building permits necessary to gain compliance.

15ENFCP00624ZON

FROM:

INSPECTIONAL SERVICES DEPARTMENT / BUILDING DIVISION

70 TAPLEY STREET, SPRINGFIELD, MA 01104

Re: 339 STATE ST Springfield MA 01105 (Parcel: 111100591)

VIOLATIONS
The following violations were found:
City Ordinance 7.16.120 V Overgrowth of grass\weeds
Art 4 Use Regulations
4.7.51. DUMPING of GARGAGE, RUBBISH or OTHER REFUSE.
No person shall dump garbage, rubbish, or other REFUSE in any place, or maintain as a dumping
ground for garbage, rubbish, or other REFUSE any place, unless such place has been approved by
the City Council and unless such place has been approved by the Commissioner of Public Health
in accordance with the provisions of M.G.L. Section 150A of Chapter 111. This shall not apply
to those persons who wish to scientifically maintain compost for their own use in a manner that does
not attract vermin or otherwise pose a threat to public health
Comments:
City Ordinance
ANTI BLIGHT CHPT 285 ARTICLE 2
No owner of real property located in the City of Springfield shall allow, create, maintain or cause to
be created or maintained any blighted premises
Comments:
City Ordinance
285-3 Definitions.
For the purpose of this article, the following words, terms, and phrases shall have the following
ascribed meanings, unless the context clearly indicates otherwise:
BLIGHTED PREMISES
Any vacant building, structure or parcel of land in which at least one of the following conditions exist:
A. It is becoming dilapidated as documented by the Code Enforcement Department;
B. It is attracting illegal activity as documented by the Police Department;
C. It is a fire hazard as determined by the Fire Marshal or as documented by the Fire Department;
and
D. It is determined by the Code Enforcement Department that the building, structure or parcel of land
is in a condition which poses a serious threat to the safety, health, morals and general welfare of the
City.
Comments:
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Graffiti
Other
Comments:
Graffiti
Graffiti
Comments:

Graffiti

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201-8 Graffiti as nuisance; duties of owners and occupants.

A. The existence of graffiti on public or private property in violation of this article is
expressly declared to be a public nuisance and, therefore, is subject to the removal
and abatement provisions specified in this article.B. is the duty of both the owner of
the property to which the graffiti has been applied and any person who may be in
possession or who has the right to possess such property to at all times keep the
property clear of graffiti
201-10 Removal of graffiti by property owner or City.
If graffiti is not removed by the violator according to this article, graffiti shall be
removed pursuant to the following provisions:
A. Property owner responsibility. It is unlawful for any person who is the owner or
who has primary responsibility for control of property or for repair or maintenance of
property in the City to permit property that is defaced with graffiti to remain defaced
for a period of 10 days after service by first class mail of notice of the defacement.
The notice shall contain the following information:
(1) The street address and a legal description of the property sufficient for
identification of the property;
(2) A statement that the property is a potential graffiti nuisance property, with a
concise description of the conditions leading to the finding;
(3) A statement that the graffiti shall be removed within 10 days after the receipt of
the notice and that if the owner does not abate the graffiti within that time the City
will declare the property to be a public nuisance, subject to the abatement
procedures in 201-11;
(4) An information sheet identifying any graffiti removal assistance programs
available through the City and private graffiti removal contractors; and
(5) An extension of time to remove graffiti may be granted by the City.

Comments:

B. Right of City to remove.

(1) Use of trust funds. Whenever the City becomes aware of or is notified and
determines that graffiti is located on publicly or privately owned property viewable
from a public or quasi-public place, the City shall be authorized to use trust funds for
the removal of the graffiti, but shall not authorize or undertake to provide for the
painting or repair of any more extensive an area than that where the graffiti is
located, unless the Mayor or his/her designee determines in writing that a more
extensive area is required to be repainted or repaired in order to avoid an aesthetic
disfigurement to the neighborhood or community, or unless the property owner or
responsible party agrees to pay for the costs of repainting or repairing the more
extensive area.
(2) Right of entry on private property. Prior to entering upon private property or
property owned by a public entity other than the City for the purpose of graffiti
removal, the City shall attempt to secure the consent of the property owner or
responsible party and a release of the City from liability for property damage or
personal injury. If the property owner or responsible party fails to remove the
offending graffiti within the time specified by this article, or if the City has requested
consent to remove or paint over the offending graffiti and the property owner or
responsible party has refused consent for entry on terms acceptable to the City and
consistent with the terms of this section, the City may commence a civil action in the
Housing Court for right of entry upon the property and to recover to recover
administrative and abatement costs for the graffiti removal.

Comments:

(3) Lien. As to such property where the responsible party is the property owner, if all
or any portion of the assessed eradication charges remain unpaid after 30 days,
pursuant to the authority created by Massachusetts General Laws Chapter 139
(Common Nuisances Statute), the portion thereof that remains unpaid shall
constitute a lien on the property that was the subject of the eradication effort. The
City shall request an order for a lien from the Housing Court and thereafter shall
cause a certified copy of the lien to be recorded with the Registry of Deeds where
the land is located.

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blighted,dumping,graffiti,overgrowth etc

2015_07_29_09_29_51.jpg 339 State St

dumping

2015_07_29_09_35_16.jpg 339 State St

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dumping

2015_07_29_09_31_32.jpg 339 State St

graffiti

2015_07_29_09_32_11.jpg 339 State St

15ENFCP00624ZON