[Adopted 7-8-2008 (§§ 5-121 to 5-131 of
the 1988 Code)]
A.
It is the intent of this article to protect and preserve
public safety, security, and quiet enjoyment of occupants, abutters,
and neighborhoods by:
(1)
Requiring all residential, commercial, and industrial
property owners, including lenders, trustees, and service companies,
to properly maintain vacant and/or foreclosing properties; and
(2)
Regulating the maintenance of vacant and/or foreclosing
residential, commercial, and industrial properties to prevent blighted
and unsecured properties.
B.
The Building Commissioner, pursuant to MGL c. 143,
§ 3, the State Building Code, and the City of Lowell Zoning
Ordinance, is hereby designated as the enforcement authority.
When used in this article, unless a contrary
intention clearly appears, the following terms shall have the following
meanings:
City of Lowell.
Building Commissioner.
Consecutive calendar days.
The process by which a property, placed as security for a
real estate loan, is prepared for sale to satisfy the debt if the
borrower defaults.
Taking any of the following actions:
[Amended 10-9-2012]
Any lender, servicer, mortgagee, foreclosing entity, or creditor,
including but not limited to service companies, lenders in a mortgage
agreement and any agent, servant, or employee of the mortgagee, or
any successor in interest and/or assignee of the mortgagee’s
rights, interests, or obligations under the mortgage agreement.
[Amended 10-9-2012]
Within 20 driving miles of the property in question.
Every person, entity, service company, property manager or
real estate broker who alone or severally with others has legal or
equitable title to any property or has care, charge or control of
any property in any capacity, including but not limited to agent,
executor, executrix, administrator, administratix, trustee or guardian
of the estate of the holder of legal title; or is a mortgagee in possession
of any such property; or is an agent, trustee or other person appointed
by the courts and vested with possession or control of any such property;
or is an officer or trustee of the association of unit owners of a
condominium. Each such person is bound to comply with the provisions
of these minimum standards as if he/she were the owner. However, this
article shall not apply to a condominium association created pursuant
to MGL c. 183A to the extent that such association forecloses on or
initiates the foreclosure process for unpaid assessments due or owing
to the association. "Owner" also means every person who operates a
rooming house or is a trustee who holds, owns or controls mortgage
loans for mortgage-backed securities transactions and has initiated
the foreclosure process.
Any real residential, commercial, or industrial property,
or portion thereof, located in the City of Lowell, including buildings
or structures situated on the property. For purposes of this article,
"property" does not include property owned or subject to the control
of the City or any of its governmental bodies.
Measures that assist in making the property inaccessible
to unauthorized persons.
Any property not legally occupied in the preceding 90 days
and not the subject of an active valid building permit.
[Amended 10-9-2012]
[Amended 12-23-2008; 10-9-2012]
A.
In the case of foreclosing or vacancy resulting from foreclosure, the foreclosing lender shall register, and in the case of vacancy not resulting from foreclosure, the owner shall register, residential, commercial, or industrial properties with the Division of Development Services, on forms provided by the Division of Development Services. All registrations must state the owner's or foreclosing lender's phone number and mailing address. The mailing address may not be a post office box. This registration must also certify that the property was inspected by the owner or foreclosing lender or his/her agent and identify whether the property is vacant at the time of filing. If the property is vacant, the owner or foreclosing lender shall provide with the registration a property contact, being either a phone number, staffed 24 hours per day with persons authorized and capable of immediately dispatching local response to inspect, secure, maintain, and/or repair the property, or a phone number for a designated local individual or property management company responsible for securing and maintaining the property. If the property is in the process of foreclosure, then the registration shall be filed within 30 days following the initiation of the foreclosure process as defined in § 227-8 above; if the property is vacant not resulting from foreclosure, then registration shall be filed within 90 days of the last day of legal occupancy unless the property is the subject of an active and valid building permit.
B.
All property registrations are valid for one calendar year starting the date the registration permit is issued. An annual registration fee as provided in Chapter 150, Fees, shall accompany the registration form. Subsequent annual registrations and fees are due at least 30 days prior to the expiration of the previous registration and must certify whether the property is or remains vacant.
C.
Once the property is no longer vacant, sold to a new owner, or is
no longer in foreclosure, the entity that registered the property
must notify the Division of Development Services and provide proof
that the property is no longer required to be registered.
[Amended 12-15-2009; 10-9-2012]
A.
Properties subject to this article shall be maintained in accordance
with all relevant sanitary codes, building codes, and local ordinances
and regulations relative to minimum maintenance, snow removal, health
nuisances, and securing properties. The entity that registered the
property shall have the property inspected and maintained on a regular
basis for the duration of the vacancy.
B.
If the property is vacant, the registering entity shall affix to
the building, in a location clearly visible from the public way, the
name and twenty-four-hour contact phone number of the individual or
property management company responsible for maintenance of the property.
The property contact must respond to communications from the City
within 24 hours if contacted by phone, or within seven days if contacted
by writing, unless otherwise required by local or state laws, regulations
or rules.
C.
Adherence to this article does not relieve the owner or foreclosing
lender of any applicable obligations set forth in City ordinances
or regulations, covenant conditions and restrictions, and/or homeowners'
association rules and regulations.
The Commissioner or designee shall have the
authority and the duty to inspect properties subject to this article
for compliance and to issue citations for any violations. The Commissioner
or designee shall have the discretion to determine when and how such
inspections are to be made, provided that such policies are reasonably
calculated to ensure that this article is enforced.
A.
Failure to register with the Commissioner shall be
considered a violation of this article and is punishable by a fine
of up to $300. Each week that such violation continues shall be considered
a separate offense.
B.
Failure of the identified property contact to respond to City communications
within the required time frame shall be considered a violation of
this article and is punishable by a fine of up to $300. Each such
violation shall be considered a separate offense.
[Amended 10-9-2012]
C.
Failure to maintain the property shall be considered
a violation of this article and is punishable by a fine of up to $300.
Each week that such violation continues shall be considered a separate
offense. Any expenses incurred by the City of Lowell relative to securing
or maintaining property shall be recoverable by placing a lien on
the property.
Any person aggrieved by the requirements of
this article may seek an administrative appeal by making written application
to the City Manager. The City Manager may designate a hearing officer
to hear appeals pursuant to this article. Any person aggrieved by
a final decision issued under this article by the City Manager may
seek relief in any court of competent jurisdiction as provided by
the laws of the commonwealth.
If any provision of this article imposes greater
restrictions or obligations than those imposed by any other general
law, special law, regulation, rule, ordinance, bylaw, order, or policy
then the provisions of this article control.
The Building Commissioner has the authority
to promulgate rules and regulations necessary to implement and enforce
this article.
The provisions of this article are effective
immediately upon passage and all provisions shall be enforced immediately,
but no monetary fine shall be imposed pursuant hereto until 90 days
after passage.
