Somerville Wins Authority To Criminally Prosecute Building Violations

SOMERVILLE, MA - The city's law department will now be able to criminally prosecute certain code violations.

Middlesex County District Attorney Marian Ryan and Mayor Joseph A. Curtatone reached a memorandum of understanding which allows Assistant City Solicitor David Shapiro to act as a Special Assistant District Attorney responsible for handling Somerville cases, a release from the City of Somerville said. The agreement coordinates efforts between the city and the District Attorney’s office, and will enable the city to pursue problem property owners more efficiently, according to the release.

Shapiro, a 20-year veteran of the city’s Law Department, was sworn in by the District Attorney on May 31. He will be responsible for prosecuting violations of the fire prevention, building, sanitary, and zoning codes, a release said. Shapiro will be a designated liaison to Ryan’s office and will handle arraignments and other court dates, therelease said. Should the case progress to trial, an Assistant District Attorney and Shapiro will serve as co-counsel.

“We appreciate the opportunity to be working with District Attorney Marian Ryan and her office. This cooperative agreement allows the city’s Law Department to expeditiously address problem property matters reported to our Inspectional Services Department,” said Mayor Joseph A. Curtatone in a statement. “This will better serve both the residents of those properties and the surrounding neighborhoods.”

The city’s Inspectional Services Division enforces the fire prevention, building, zoning, and sanitary codes. Code violations are administrative, but can become criminal matters if an offender fails to comply, the release said.

If, for example, a landlord has an unsafe porch or allows too many unrelated persons to live in an apartment, the City issues a violation notice. If citations do not result in a satisfactory resolution of these issues, the city may potentially file a criminal complaint before a clerk magistrate at Somerville District Court, the release said.

The Middlesex District Attorney’s Office reserves the right to resume the primary role in the prosecution of these cases at any time, the release said.