Section 125. If the owner or occupant fails to comply with such order, the board may cause the nuisance, source of filth or cause of sickness to be removed, and all expenses incurred thereby shall constitute a debt due the city or town upon the completion of the removal and the rendering of an account therefor to the owner, his authorized agent, or the occupant, and shall be recoverable from such owner or occupant in an action of contract.
The provisions of the second paragraph of section three A of chapter one hundred and thirty-nine, relative to liens for such debt and the collection of the claims for such debt, shall apply to any debt referred to in this section, except that the board of health shall act hereunder in place of the mayor or board of selectmen.
Notes of Decisions
City of Worcester v. Eisenbeiser, 387 N.E.2d 1154 (Mass. App. Ct. 1979).
· cites it 2× “G. L. c. 111, § 125. The notice given to Eisenbeiser stated that his building had "been declared to be a dilapidated and dangerous building and it shall be demolished.”
P.J. Keating Co. v. Town of Acushnet (Mass. App. Ct. 2024).
“10"If the owner or occupant fails to comply with such order, the board may cause the nuisance, source of filth or cause of sickness to be removed, and all expenses incurred thereby .”
E.F.Y Realty Corp. v. City of Lynn, 12 Mass. L. Rptr. 320 (Mass. Super. Ct. 2000).
“345, 348 (1979) citing G.L.c. 111, §125. Based on the City’s non-compliance with the statutes’ clear notice requirements, the City was, as a matter of law, without authority to demolish the building owned by plaintiff Klotz.”
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