In a college town like Amherst, managing loud gatherings and ensuring peace in residential areas is a constant challenge. To address these issues more effectively, the Amherst Town Council is considering a new “Nuisance Property Bylaw” to replace the existing “Nuisance House Bylaw.” This bylaw aims to provide law enforcement and code officials with better tools for managing disruptive behavior while focusing on corrective actions rather than just penalties.
Key Changes in the Proposed Bylaw
- Broader Scope: Unlike the current nuisance house bylaw, which primarily focuses on controlling gatherings and underage drinking, the new nuisance property bylaw addresses a wider range of activities. This includes everything from loud parties and illegal dumping to public urination and obstructing public ways. The emphasis is on ensuring “quiet enjoyment” of one’s residence.
- Designation of Nuisance Properties: Under the new bylaw, a property can be designated as a nuisance property if there are three or more violations within a one-year period. This designation does not differentiate between rented or owner-occupied properties, ensuring that all property types are treated equally.
- Owner and Manager Responsibilities: Upon a third violation, the bylaw clarifies the responsibilities of property owners and managers. It requires them to engage in corrective actions and provides a process for removing the nuisance designation.
- Focus on Corrective Actions: The bylaw’s primary goal is not to impose fines but to encourage dialogue and corrective measures between property owners, tenants, and the town. By requiring conversations between those responsible for the violations and town officials, Amherst aims to prevent recurring issues.
- Potential for Accumulated Fines: Concerns have been raised about the potential for fines to accumulate, especially for issues like snow-covered sidewalks in winter. Each violation could be tallied separately, possibly resulting in significant penalties.
- Equitable Enforcement: The revised bylaw is designed to be equitable, applying the same standards to all properties, including Airbnb’s, owner-occupied homes, and rental units. This ensures that everyone in the community is held to the same standards of conduct.
Community Perspectives
While many see the proposed bylaw as a necessary tool for maintaining order, some residents and councilors have expressed concerns. These concerns include the potential for increased fines, the need for clearer language, and the risk of inequitable enforcement. There is a debate on whether the bylaw addresses a sudden outbreak of nuisance properties or whether it’s a more comprehensive approach to an ongoing issue.
District 3 Councilor George Ryan questioned the necessity of a bylaw that could lead to more fines, while others, like At Large Councilor Mandi Jo Hanneke, emphasize that the goal is to encourage dialogue and corrective action rather than punitive measures.
Councilor Ellisha Walker raised the importance of avoiding discrimination in enforcement, noting that not all noise comes from students and suggesting that punitive measures may not be the most effective way to change behavior.
What This Means for Homeowners and Tenants
If adopted, the nuisance property bylaw will create new responsibilities for both homeowners and tenants. Those living in properties that receive multiple complaints may need to engage more actively with the town to resolve issues and avoid penalties. It also places a stronger emphasis on the role of property owners and managers in maintaining order and good neighbor relations.
How Amherst Property Management Can Help
At Amherst Property Management, we understand the complexities of maintaining a peaceful and compliant property in a dynamic college town. Our team is here to help property owners and tenants navigate these changes and ensure that your property remains in good standing.
Whether you are concerned about potential violations or want to implement preventative measures, our comprehensive property management services cover everything from regular maintenance to tenant communication. We can help you understand the implications of the new bylaws and develop strategies to avoid any issues.
Take Action Today!
Contact Amherst Property Management for a consultation to learn more about how we can help you manage your property effectively under the new nuisance property bylaw. Let us help you keep your property compliant and your neighborhood peaceful. Reach out today to schedule a meeting and discuss your needs.
