Legislature warming to Boston's push for higher fines

Boston property owners, landlords and businesses that violate the city's sanitary code could face significantly higher fees under a home rule petition that gained House approval this week and may be on the move in the Senate.

City Councilor Liz Breadon, who co-filed the initial proposal that made its way to Beacon Hill in March, said the measure aims to crack down on repeat offenders who do not improve the cleanliness of their properties, including those who aren't disposing of trash properly.

Breadon said she's concerned about the city's "exploding" rat population, as well as quality-of-life and public health issues tied to rodents.

Boston would be allowed to impose a fine of up to $2,000 for non-criminal violations of city ordinances under the Rep. Kevin Honan bill (H 4507) that the House approved on Monday without discussion. The current maximum fine is $300.

"We have a huge rodent problem in the city of Boston," said Breadon, whose district includes Allston and Brighton, which she described as the city's second most impacted neighborhood for rodent issues. "One of the big issues that we have is that property owners, we have a few chronic offenders, who basically see paying a fine as a cost of doing business, and they don't actually improve the sanitation, they don't improve conditions around the building."

By increasing fines, city officials are hoping to see "better compliance with the sanitary code," Breadon said.

The Senate on Wednesday placed the bill into its "Orders of the Day" for the next session, a sign that it may soon surface for discussion and a vote. Senators are scheduled to take up a long-term care reform bill during a formal session on Thursday.

Asked about the impact on city residents should the bill not clear the Senate and make it to Gov. Maura Healey's desk, Breadon said, "It sends a message to our constituents that the folks at the State House don't really care."

An aide to City Council President Ruthzee Louijeune called the $300 fine limit "outdated" and "insufficient as a deterrent for serious violations."

Jesse Purvis, Louijeune's director of policy, said the proposed increase would apply to violations dealing with public safety, environmental regulations, public health standards and housing.

"Many large corporate property owners and developers remain unfazed by the current fines, treating them as a negligible cost of doing business. This has allowed violations to accumulate over months and even years, with the most egregious landlords often being among the worst offenders," Purvis said. "These landlords frequently disregard regulations, whether it is chronic problem properties, illegal short-term rentals, overflowing dumpsters, and/or persistent noise violations. This situation forces Boston residents to endure substandard living conditions and disruptions to their daily lives."

An 1854 law set Boston's maximum fine at $50, and the limit was last raised in 1989 to $300, according to a bill summary provided by the Municipalities and Regional Government Committee, which reported the bill out favorably on April 16.

The bill also allows Boston to adjust the maximum fine for inflation on Jan. 1 and every five years moving forward.

While the bill raises the maximum amount that Boston can set for fines, Honan said in written testimony to the committee that, "Individual ordinances establishing those fines for specific violations will need to be separately approved by the Boston City Council and Mayor of Boston."

City leaders tried to raise the maximum fine on local ordinance violations from $300 to $1,000 in 2005 and 2007 but were not successful, according to a Breadon aide.

"We've having another go at it because this is becoming a public health issue," Breadon said. "It's also good housekeeping to try to ensure that all of our stakeholders, including our landlords, are taking care of the properties and trying to do something to address this rodent issue that is increasingly difficult."