Bill > S2259

This bill amends existing Massachusetts law concerning non-conforming structures, which are buildings or parts of buildings that do not comply with current zoning regulations but were built legally under previous rules. The bill limits the maximum penalty for a zoning violation to $300, though it allows for daily penalties if a violation continues. Crucially, it establishes time limits for taking legal action against alleged zoning violations. Specifically, if a structure was built and used according to a building permit, any legal action to force its abandonment, modification, or removal due to an alleged violation must be started within 6 years of the violation's commencement, and a notice of this action must be recorded. For violations not related to a permit, or for violations of a variance or special permit, legal action must be commenced within 10 years of the violation's start, with a similar notice requirement. Furthermore, if a structure has existed for at least 10 years and no legal action notice has been recorded within that time, the structure will be considered a legally non-conforming structure for zoning purposes. The bill also specifies that any notice of legal action must include the names of at least one owner, the initiator of the action, and a clear description of the structure and the alleged violation.