[HISTORY: Adopted by the Annual Town Meeting
of the Town of Adams as indicated in article histories. Amendments
noted where applicable.]
[Adopted 6-16-2008 by Art. 29]
A.
Purpose. It is the intent of this article to protect
and preserve public safety, security, and quiet enjoyment of occupants,
abutters, and neighborhoods by:
When used in this article, unless a contrary
intention clearly appears, the following terms shall have the following
meanings:
Any property that is vacant.
The Building Commissioner of the Town of Adams.
Consecutive calendar days.
Any condition that would lead a reasonable person to believe
that the property is vacant.
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:
Within 20 driving miles distance of the property in question.
The creditor, including, but not limited to, service companies
and lenders in a mortgage agreement.
A mortgagee that has taken over control and/or occupancy
of a property upon default of the borrower to collect income from
the property and/or prepare for foreclosure.
Means:
Every person, entity, service company, property
manager or realtor, who alone or severally with others:
Has legal or equitable title to any dwelling,
dwelling unit, mobile dwelling unit, building or parcel of land, vacant
or otherwise, including a mobile home park; or
Has care, charge or control of any dwelling,
dwelling unit, mobile dwelling unit, building or parcel of land, vacant
or otherwise, including a mobile home park, in any capacity, including
but not limited to agent, executor, executrix, administrator, administratrix,
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 were the owner.
"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 property, or portion thereof, located in the Town
of Adams, including but not limited to buildings or structures occupied
for living purposes.
Any property that contains one or more dwelling units used,
intended, or designed to be occupied for living purposes.
Measures that assist in making the property inaccessible
to unauthorized persons.
Town of Adams.
A structure or building not legally occupied.
A.
All owners must register abandoned and/or foreclosing residential properties with the Commissioner on forms provided by the Commissioner. All registrations must state the individual owner's or agent's phone number and mailing address located within the commonwealth as required by MGL c. 59, § 57D, MGL c. 156D, § 5.05, and 950 CMR 113.230. The mailing address may not be a post office box. This registration must also certify that the property was inspected and identify whether the property is abandoned. If the property is abandoned, the registration must designate a local individual or local property management company responsible for the securing and maintenance of the property. This designation must state the individual or company's name, phone number, and local mailing address. The mailing address may not be a post office box. This registration must be received within seven days of abandonment or within seven days of the initiation of the foreclosure process as defined in Subsection B.
B.
All property registrations are valid for one year.
An annual registration fee of $100 must accompany the registration
form. The fee and registration are valid for one calendar year, or
remaining portion of the calendar year, in which the registration
was initially required. Subsequent registrations and fees are due
January 1 of each year and must certify whether the foreclosing and/or
foreclosed property remains abandoned or not.
C.
Once the property is no longer abandoned, or is sold,
the owner must provide proof of sale or written notice of occupancy
to the Commissioner.
A.
Maintenance requirements. Properties subject to this
article must be maintained in accordance with all the applicable sanitary
codes, building codes, and local regulations. The local owner or local
property management company must inspect and maintain the property
on a monthly basis for the duration of the abandonment.
B.
Vacant property must be boarded and secured in the
following manner:
(1)
Securing of means of ingress and egress required.
All buildings or structures, regardless of use or height, shall be
maintained by the owner so as to prevent ingress or egress into the
building. All doors, windows and other means of ingress or egress
into such a building or structure shall be kept locked and secured.
(2)
Repair or boarding up of broken doors and windows.
Where any door, window or other means of ingress or egress from a
vacant building or structure has become broken or open, the Building
Inspector may order the building or structure repaired so as to comply
with this article or boarded up as provided herein.
(3)
Boarding-up method. The method used in boarding up
any building or structure, regardless of use or height, shall be as
follows:
(a)
All broken glass shall be removed from the doors
or windows of said building or structure.
(b)
All openings shall be entirely boarded up with
either plywood or pressboard having a minimum thickness of 3/8 inch.
(c)
All plywood or pressboard used in boarding up
shall be painted with a blue gray exterior paint. The color and quality
of the paint is subject to the approval of the Commissioner.
(d)
All openings which are not within 10 feet of
ground level at their lowest point and which are not readily accessible
from ground level or from neighboring buildings or structures shall
have a one-square-foot opening on the top of the enclosure which shall
be covered by a one-fourth-inch wire mesh screen. Louvers may be used
in place of the wire mesh screen, provided that they do not inhibit
the ventilation.
C.
The property must contain a posting with the name
and twenty-four-hour contact phone number of the local individual
or property management company responsible for the maintenance.
D.
Adherence to this article does not relieve the property
owner of any applicable obligations set forth in code regulations,
covenant conditions and restrictions and/or homeowners' association
rules and regulations.
The Commissioner or his 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
shall have the discretion to determine when and how such inspections
are to be made, provided that their policies are reasonably calculated
to ensure that this article is enforced.
A.
Failure to initially register with the Commissioner
is punishable by a fine of $300.
B.
If applicable, failure to properly identify the name
of the local individual or property management company is punishable
by a fine of $300, for each violation, and to a like fine for each
day's continuance of such violation.
C.
Failure to maintain the property is punishable by
a fine of $300 for each month the property is not maintained.
Any person aggrieved by the requirements of
this article, or by a decision issued under this article by the Commissioner,
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 that those imposed by any other general
law, special law, regulation, rule, ordinance, bylaw, order, or policy,
then the provisions of this article control.
If any provision of this article is held to
be invalid by a court of competent jurisdiction, then such provision
shall be considered separately and apart from the remaining provisions,
which shall remain in full force and effect.
