Barnstable, Mass., Code of Bylaws ch 59 § 59-5
Enforcement; violations and penalties (Barnstable Comprehensive Occupancy)
Operative Text
A. This chapter may be enforced by the Building Commissioner, or his designee, the Board of Health and/or its designees or the police. B. The owner, lessee or person in a position of control of any dwelling unit found in violation of this chapter shall be subject to a fine not to exceed $300. Each day of continued violation may be deemed to be a separate offense. C. This chapter may be enforced under the provisions of MGL c. 40, § 21D . The fine for any violation under the provisions of MGL c. 40, § 21D shall be $100. Each day of continued violation may be deemed to be a separate offense.
Barnstable, Mass., Code of Bylaws CH. 59 § 59-5 establishes how the town's dwelling-unit regulations are enforced and what financial consequences apply to violations. Enforcement authority is shared among the Building Commissioner (or a designee), the Board of Health, and the police. Owners, lessees, or others in control of a dwelling unit found in violation face fines of up to $300 per day under the general enforcement path, or a flat $100 per day if the town proceeds under the Massachusetts non-criminal disposition statute, MGL c. 40, § 21D.
Plain English — not legal advice.
Property owners and managers subject to CH. 59 § 59-5 should be aware that multiple town agencies—including the Building Commissioner, the Board of Health, and local police—each have independent authority to cite violations. Compliant operators generally keep dwelling units in continuous conformance with Chapter 59 requirements, since each calendar day of an unresolved violation can be treated as a separate offense, multiplying potential fines quickly. Maintaining records of inspections, repairs, and corrective actions is a practice commonly associated with operators who can demonstrate ongoing compliance.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
CH. 59 § 59-5 gives tenants context for understanding who can act on housing complaints in Barnstable: the Building Commissioner, the Board of Health, and the police all have enforcement authority over dwelling-unit violations. If a unit appears to be out of compliance with Chapter 59, tenants may consider contacting one or more of those agencies to request an inspection or file a complaint. Tenant-rights organizations familiar with Massachusetts housing law can help explain what options are available and how the daily-fine structure under this provision may factor into an enforcement process.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated November 11, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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