Mass. Gen. Laws ch. 90, sec. 40F — MA Code / Part I / Title XIV / Chapter 90 / Section 40F
Removal of structures erected in violation of regulations; trees; procedure
Status: in_force

Section 40F. If any structure is erected in violation of any regulation adopted under section forty A, the administrative agency, city council or selectmen, as the case may be, having jurisdiction may direct the owner of said structure, at his own expense, to lower, remove, reconstruct or equip such structure in such manner as may be necessary to conform to such regulations. Notice of such order shall be sent by registered mail to the owner of the land upon which such structure stands, addressed in the same manner as the notice of his last preceding annual tax, unless a different owner or a different address is known by such agency, city council or selectmen, as the case may be, to be the correct one, and if such owner shall neglect or refuse to comply with such order for thirty days after the sending of the notice thereof, such agency, city council or selectmen, as the case may be, may proceed to cause such structure to be lowered, removed, reconstructed or equipped in accordance with its or their order. Such agency, city council or selectmen, as the case may be, shall certify the expense so incurred with respect to each parcel of land to the assessors of the city and town, and the assessors shall assess such expense upon the owners of said parcels respectively, such expense shall be included in their taxes and constitute a lien upon the land, and all provisions of law relating to the collection and the abatement of taxes and to interest thereon shall be applicable to such expense. If any tree is allowed to grow in violation of any regulation adopted under section forty A, said administrative agency, city council or selectmen, as the case may be, may request the owner of said tree to cut down said tree or so much thereof as has grown in violation of such regulation; and if said owner neglects or refuses to comply with such request within sixty days after the same was given, such agency, city council or selectmen, as the case may be, may enter upon his land, doing as little damage as possible, and cut off so much of said tree as has grown in violation of such regulations. No part of the expense of such removal shall be charged to the owner of the tree.

Section 40F. If any structure is erected in violation of any regulation adopted under section forty A, the administrative agency, city council or selectmen, as the case may be, having jurisdiction may direct the owner of said structure, at his own expense, to lower, remove, reconstruct or equip such structure in such manner as may be necessary to conform to such regulations. Notice of such order shall be sent by registered mail to the owner of the land upon which such structure stands, addressed in the same manner as the notice of his last preceding annual tax, unless a different owner or a different address is known by such agency, city council or selectmen, as the case may be, to be the correct one, and if such owner shall neglect or refuse to comply with such order for thirty days after the sending of the notice thereof, such agency, city council or selectmen, as the case may be, may proceed to cause such structure to be lowered, removed, reconstructed or equipped in accordance with its or their order. Such agency, city council or selectmen, as the case may be, shall certify the expense so incurred with respect to each parcel of land to the assessors of the city and town, and the assessors shall assess such expense upon the owners of said parcels respectively, such expense shall be included in their taxes and constitute a lien upon the land, and all provisions of law relating to the collection and the abatement of taxes and to interest thereon shall be applicable to such expense.

If any tree is allowed to grow in violation of any regulation adopted under section forty A, said administrative agency, city council or selectmen, as the case may be, may request the owner of said tree to cut down said tree or so much thereof as has grown in violation of such regulation; and if said owner neglects or refuses to comply with such request within sixty days after the same was given, such agency, city council or selectmen, as the case may be, may enter upon his land, doing as little damage as possible, and cut off so much of said tree as has grown in violation of such regulations. No part of the expense of such removal shall be charged to the owner of the tree.