[HISTORY: Adopted by the Town of Walpole as indicated in
article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Historic structures — See Ch. 349.
[Adopted 5-7-2012 SATM, Art. 29]
A.
The purpose of this bylaw is to help protect the health, safety and
welfare of the citizens by preventing properties from becoming abandoned,
protecting property values and neighborhood integrity, protecting
the Town's resources, avoiding the creation and maintenance of nuisances
and ensuring the safe and sanitary maintenance of buildings. Vacant
or abandoned buildings are at an increased risk for fire, unlawful
entry and other public health and safety hazards. This bylaw will
help secure the Town's public welfare by requiring all property owners,
including lenders, trustees, and service companies and/foreclosed
property, to properly maintain vacant or abandoned properties.
B.
The Inspector of Buildings/Building Commissioner of the Town has
enforcement authority as to this bylaw.
Any structure used or intended for supporting or sheltering
any use or occupancy; a structure enclosed within exterior walls or
firewalls, built, erected and framed of a combination of any material,
whether portable or fixed, having a roof, to form a structure for
the shelter of persons, animals or property. For the purpose of this
definition, "roof" shall include an awning or similar covering, whether
or not permanent in nature and the word "building" shall be construed
where the context requires as though followed by the words "or parts
thereof."
Means the Building Commissioner/Inspector of Buildings of
the Town of Walpole or his/her designee.
Means consecutive calendar days.
Means a property, placed as security for a real estate loan,
as to which all rights of the mortgagor or his grantee in the property
have been terminated as a result of a default of the loan.
Occupied in accordance with the provisions of the Massachusetts
State Building Code.
Means within 20 miles of the property in question.
Means the creditor, including but not limited to service
companies, lenders in a mortgage agreement, or any successor in interest
of the mortgagee's rights, interests or obligations under the mortgage
agreement.
"Abandoned" as applied to any building other than residential
building shall mean any building or structure which is not legally
occupied or has been wholly vacant for 60 consecutive days, and shows
visible signs of substantial physical distress, including, but not
limited to, boarded-up or broken windows or doors, fire damage, collapsed
roofs, exposure to the elements, susceptibility to unauthorized entry,
disconnected utilities, the accumulation of trash, junk, and/or debris,
or that appears to pose a risk to public safety, as determined by
the Building Commissioner. Abandoned does not include a building that
is unoccupied while undergoing renovations for which a valid building
permit exists, or while undergoing repairs due to fire or other casualty
or that is temporarily vacant due to seasonal absences.
A person or entity who, alone or severally with others:
Has legal or equitable title to property or has care, charge
or control of any building, dwelling unit or parcel of land in any
capacity, including but not limited to agent, executor, executrix,
administrator, adminstratrix, trustee or guardian of the estate of
the holder of legal title; or
Has legal right to possess an entire building on property; or
Is a mortgagee in possession of any building on property; or
Is an agent, trustee, receiver or other person appointed by
the courts and vested with possession or control of a building on
property; or
Is an officer or trustee of an association of unit owners of
a condominium or cooperative which is or is on property.
Means any real property, or portion thereof, located in the
Town of Walpole, including but not limited to buildings or structures
situated on the property.
A plan which will detail the owner's action steps that address
all violations of this by law.
"Abandoned" as applied to residential buildings means a building
or structure which is not being used or occupied as intended and shows
visible signs of substantial physical distress, including, but not
limited to, boarded-up or broken windows or doors, fire damage, collapsed
roofs, exposure to the elements, susceptibility to unauthorized entry,
disconnected utilities, the accumulation of trash, junk, and/or debris,
or that appears to pose a risk to public safety, as determined by
the Building Commissioner. Abandoned does not include a building that
is unoccupied while undergoing renovations for which a valid building
permit exists, or while undergoing repairs due to fire or other casualty
or that is temporarily vacant due to seasonal absences.
A combination of materials for permanent or temporary occupancy
of use, such as a building, bridge trestle, tower, framework, retaining
wall, tank, tunnel, tent, stadium, reviewing sand, platform, swimming
pool, shelter, pier, wharf, bin, fence, sign, gasoline pump, recreational
court, or the like.
Means the Town of Walpole.
A.
Abandoned property. If a building or structure on property is determined
to be abandoned by the Commissioner, his office shall issue a written
notice to the owner(s) of the property informing them of all conditions
on the property which must be corrected in order to remove the determination
as abandoned. Upon provision of documentary evidence of correction
of the conditions in such notice, the Commissioner shall inspect the
property and, so long as there is no other outstanding notice of abandonment
for the property, the Commissioner shall issue a certificate of compliance.
(1)
Not more than seven days after the issuing of the notice of abandonment,
the owner(s) shall register the property with the Commissioner on
forms provided by the Building Department.
(2)
Any property registered under this bylaw shall pay a registration
fee if the property is registered for more than 90 days in a calendar
year.
(3)
On or before October 15th of each calendar year, the Town shall send
a billing statement, setting forth the annual registration fee, to
the owner of the abandoned building or structure. The annual registration
fee shall be set by the Select Board pursuant to MGL c. 40, § 22F.
[Amended 10-21-2019 FATM, Art. 20]
(4)
On or before November 15th of each calendar year the owner of any
abandoned building or structure which has been registered under this
Bylaw for a total of 90 days in any calendar year shall pay to the
Town an annual registration fee of $100 to provide for cost recovery
for inspection services provided by the appropriate Town departments.
Willful failure to pay the annual registration fee shall be a violation
of this bylaw, and the full fee shall be deemed an assessment against
the property and shall constitute a municipal lien on the property
in accordance with MGL c. 40, § 58.
B.
Upon a mortgagee becoming an owner of a foreclosed property, said
mortgagee/owner shall register same within 30 days.
C.
All owners of abandoned and/or mortgagee owned foreclosed property
shall register such property with the Commissioner on forms provided
by the Building Department. If the owner is a corporation or other
entity with a principal place of business outside the Commonwealth
of Massachusetts or an individual residing outside the Commonwealth,
the owner shall appoint an in-state agent authorized to accept service
of process and other documents under this bylaw, such as a property
manager or real estate professional.
(1)
Each registration shall state the owner's and, if applicable, agent's name, telephone number, residence or place of business and mailing address located within the Commonwealth of Massachusetts including name, street number, street name, city or Town, and zip code; the residence or place of business address shall not be a post office box and shall further include authorization for the Building Commissioner, Police Chief, Fire Chief and Health Director or their designees to periodically inspect the exterior and interior of said property pursuant to § 435-5 hereof.
(2)
Each registration shall certify that the property has been inspected
by the owner and must identify whether the property is abandoned or
mortgagee-owned foreclosed.
(3)
Each registration shall designate and identify a local individual
or local property management company responsible for the maintenance
and security of the registered property. Such identification must
state the individual or company's name, direct telephone number, and
residence or business address and local mailing address; the residence
or business address shall not be a post office box.
(4)
If, regardless of any determination as to abandonment, property has
been foreclosed, the registration must be received by the Commissioner
within seven days of the foreclosure.
(5)
All property registrations pursuant to this section shall be valid
for one calendar year from the date when the registration is received
by the Commissioner.
(6)
An annual application fee of $100 shall accompany the registration
form. Subsequent registrations and fees shall be due within 30 days
after the date of the expiration of the previous registration. Willful
failure to pay the annual registration fee shall be a violation of
this bylaw and the full fee shall be deemed an assessment against
the property and shall constitute a municipal lien on the property
in accordance with MGL c. 40, § 58. Subsequent registrations
shall certify whether the property remains abandoned and/or remains
in foreclosure, as the case may be.
(7)
Any owner that has registered a property under this section shall
report any change in information contained in the registration within
10 days of the change.
(8)
Once a building is no longer vacant or abandoned or is sold in order
for the property to be occupied, the owner shall provide proof of
sale or written notice and proof of lawful occupancy to the Commissioner,
who shall notify Police, Fire, Water, Sewer and Health Departments
of the submitted registration of vacant or abandoned/building as well
as the re-occupancy of the building.
A.
Properties subject to this bylaw must be maintained in accordance
with the State Building Code as well as all State and local health,
sanitary, and safety codes and regulations. The local owner or local
property management company must inspect and maintain the property
on at least a monthly basis for as long as the property is abandoned.
The name and the twenty-four-hour contact telephone number of the
local owner or local property management company responsible for the
maintenance must be posted on the front of the property so as to be
clearly visible by the Commissioner or his/her designee from the street.
B.
In accordance with state law, including but not limited to MGL c.
143, §§ 6 through 10 and 780 CMR 121.0, property that
is abandoned must be safe and must be secured so as not to be accessible
to unauthorized persons.
C.
Compliance with this section does not relieve the owner of any applicable
obligations set forth in code regulations, covenant conditions and
restrictions, and/or homeowner's association rules and regulations.
D.
A building owner and/or property manager shall submit to the Commissioner
a Property Enhancement Plan (PEP), which will detail the owner's action
steps that address all violations of this bylaw. The PEP must be approved
by the Commissioner. The adoption of a PEP shall not absolve the owner
for financial penalties incurred prior to adoption.
The Building Commissioner, Police Chief, Fire Chief and the
Health Director, or their designees, shall have the authority to periodically
inspect the exterior and interior of any building subject to this
bylaw for compliance, provided that reasonable efforts are made by
the Town officials to provide at least 24 hours' notice to the property
owners or their designees, unless said official(s) shall deem that
a safety emergency exists that shall require immediate response (MGL
c. 148, § 4). Findings are to be given to the Building Commissioner
to determine what actions need to be taken. The Commissioner shall
have the discretionary authority to recommend the immediate disconnection
of utilities if a potential hazard is apparent that may be dangerous
to life and limb is present.
Violations of any portions of this bylaw, including but not
limited to failure to initially register with the Commissioner, failure
to properly designate the name of a local individual or local property
management company responsible for the maintenance and security of
the property, and failure to maintain and/or to secure property in
compliance with this bylaw, shall be punishable by a fine of $100
per violation, with each day the violation continues constituting
a separate violation. The Commissioner or his designee shall enforce
all provisions of this bylaw and shall institute all necessary administrative
or legal action to assure compliance. No enforcement action shall
be instituted until at least seven days following an order to remedy
such violation, served upon an owner in person, by registered mail,
return receipt requested, or by posting said notice at the site.
A.
The penalties provided in herein shall not be construed to restrict
the Town from pursuing other legal remedies available to the Town,
including, but not limited to, a civil action in a court of competent
jurisdiction seeking equitable relief to enforce this bylaw.
B.
The Commissioner shall have the authority to waive or reduce any
of the penalties at his or her discretion.
C.
In addition to any other remedies available to the Town, this bylaw
may be enforced, in the discretion of the Commissioner, by noncriminal
disposition pursuant to MGL c. 40, § 21D. The noncriminal
fine for each such violation shall be $100. The enforcing person for
purposes of noncriminal disposition shall be the Commissioner, and
each day a violation continues shall be considered a separate violation.
If the Commissioner determines any building to be unsafe, the
Commissioner may act immediately in accordance with the Massachusetts
State Building Code to protect public safety. Furthermore, nothing
in this bylaw shall abrogate the powers and/or duties of municipal
officials to act pursuant to any general statutory authority, including,
without limitation, MGL c. 139, § 1 et seq. and MGL c. 143,
§ 6 et seq.
Any persons aggrieved by a decision issued hereunder may appeal
said decision to the Zoning Board of Appeals in the Town within 30
days of said decision.
If any provisions of this bylaw impose greater restrictions
or obligations than those imposed by any general law, special law,
regulation, rule, ordinance, order or policy, then the provisions
of this bylaw shall control.
The Commissioner shall have the authority to develop rules and
regulations as he/she deems necessary to implement and enforce this
bylaw.
If any provision of this bylaw is held to be invalid by a court
of competent jurisdiction, then such provisions shall be considered
separately and apart from this bylaw's remaining provisions, which
shall remain in full force and effect.
[Amended 10-21-2019 FATM, Art. 20]
The Building Commissioner shall submit an annual report to the
Select Board concerning the registration and maintenance of vacant
or abandoned buildings and properties. The reporting may include any
activity pursuant to this bylaw.
