[Adopted 12-5-2023]
A. 
The purposes of this article are to protect the welfare and economic vitality of the residents of the City of Lowell by protecting property values, maintaining neighborhood integrity and accessibility, safeguarding against economic property blight, protecting City resources, and ensuring the safe and sanitary maintenance of commercial and industrial vacant properties.
B. 
Among other things, vacant commercial and industrial properties can degrade the vitality of Lowell's business districts, frustrate local planning and development efforts, create increased specific risks of fire damage, vandalism and unlawful entry or uses, and give rise to other public health and safety hazards. This article is intended to promote the City's public welfare and economic health by requiring all property owners to register and properly maintain vacant commercial and industrial properties.
As used in this article, the following terms shall have the meanings indicated:
BUILDING COMMISSIONER
The Building Commissioner of the City of Lowell or the Commissioner's designee.
DPD
The City of Lowell Department of Planning and Development.
LEGALLY OCCUPIED
Occupied in accordance with the provisions of the Massachusetts Building Code.
OWNER
A person or entity who, alone or severally with others:
A. 
Has legal or equitable title to any building or has care, charge or control of any building 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
B. 
Is a tenant with a legal right to possess an entire building; or
C. 
Is a mortgagee in possession of any building; or
D. 
Is an agent, trustee, receiver or other person appointed by the courts and vested with possession or control of a building; or
E. 
Is an officer or trustee of an association of unit owners of a condominium or cooperative which contains a vacant property.
PLANNING DIRECTOR
The Assistant City Manager/Department of Planning and Development Director for the City of Lowell or the Director's designee.
VACANT PROPERTY
Any unoccupied nonresidential commercial or industrial real property which:
A. 
Is not legally occupied, is abandoned, or is not used for a period of at least 90 consecutive days or longer by occupants having custody or legal right of entry to such property; or
B. 
Which is intermittently occupied by persons with legal right of entry, but exhibits in the opinion of the Building Commissioner dilapidated walls, roof, or doors which fail to prevent the entry of a trespasser for a period of more than seven days.
A. 
Prior to, or not more than seven days after, a unit or any portion of a property becomes vacant, as defined herein, the owner(s) must register the vacancy with DPD and the Building Commissioner on forms agreed upon and provided by such departments. All registrations must state the owner's name, phone number, and mailing address as well as an emergency contact, if not the same. None of the required addresses shall be a post office box. This registration must state if the property is vacant at the time of filing. The registration shall also state the owner's efforts to regain occupancy. Once the building is no longer vacant or is sold, the owner must provide proof of sale or written notice and proof of lawful occupancy to the Planning Director or Building Commissioner pursuant to the process outlined by such departments.
B. 
The Building Commissioner will use their discretion to notify appropriate departments, including but not limited to Police, Fire, Water and Sewer, Economic Development, and Health Departments, of the submitted registration of vacant property as well as the reoccupancy of the building. Economic Development will maintain a registration list posted publicly and updated on a quarterly basis. Economic Development staff will conduct outreach to property owners with units on the registration list to provide resources, including referrals to potential tenants, information about City economic development programs and incentives, programs for small business owners offered by area nonprofits and micro-lenders, and resources for recruiting businesses.
C. 
The Planning Director and the Building Commissioner may jointly exempt a property owner from the provisions of this article upon the presentation of evidence, in such form as may be convincing to them, that the failure to use or occupy a building for a period in excess of 90 days does not violate the purpose or intent of this article.
D. 
It shall not be a defense to alleged violations of this article that another owner, as defined herein, may also have had an obligation to register the vacant property. Each owner has a joint and several obligation to ensure that the vacant property is in compliance with this article.
A. 
The annual registration fee shall be as follows: $5,000 per ground-floor retail unit, and $1,000 per upper-story commercial unit.
B. 
The annual registration fee is due at the time of registration of the vacant property. The property owner will be invoiced on an annual basis and the registration fee will increase by 100% annually until the property is leased or sold.
C. 
The annual registration fee covers the administrative cost of monitoring and ensuring the security and proper maintenance of such building, as identified in said billing statement. Failure to pay the annual registration fee shall be a violation of this article, and the full fee shall be deemed an assessment resulting from a violation of this article. Such fee, and any fines issued for violations of this article, shall constitute a "municipal charges lien" on the property, to be collected in accordance with MGL c. 40, § 58.
D. 
Owners may apply for a waiver of the annual registration fee at the time of registration of a vacant property and upon receipt of annual registration fee invoices each year thereafter, requesting waiver of some or the entire fee on grounds of demonstrable financial hardship. Waivers requested on the basis of financial hardship are subject to a thirty-day review period. If a waiver based on financial hardship is granted it will be reevaluated on a quarterly basis until property is leased or sold. If a waiver of the registration fee based on financial hardship is denied, the registration fee is due within 30 days of the decision.
A. 
The owner of a vacant property must maintain the vacant property in accordance with all applicable local and state sanitary codes, building codes and fire codes, pertaining to the external/visible maintenance of the building and major system maintenance of the property.
B. 
The owner of a vacant property must promptly repair all broken windows, doors, other openings and any unsafe conditions at a vacant property. Boarding up of open or broken windows and doors is prohibited unless the Building Commissioner determines that, due to vandalism or security reasons and due to circumstances out of the owner's control, the proper boarding of windows and doors is necessary for a determined period of time. Boards or coverings must be fitted to the opening size and colored to blend with the existing building color scheme.
C. 
The owner must maintain the building and property for the duration of the vacancy or abandonment. Upon notice by the Building Commissioner, any accumulated trash and/or graffiti shall be removed from the property by the owner within seven days. The Building Commissioner and/or the Building Commissioner's designee will document violations. The owner of any building vacant for a period exceeding six months, whose utilities have been shut off, may have those utilities removed or cut and capped to prevent accidents.
D. 
Compliance with this article shall not relieve the owner of any obligations set forth in any other applicable ordinance, regulations, codes, covenant conditions or restrictions and/or association rules and regulations. In case of a conflict with these rules and regulations, the stricter of the rules and regulations shall apply.
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 article for compliance, as authorized under the terms of the registration form filed with the Building Commissioner and DPD. The Building Commissioner shall have the discretionary authority to disconnect utilities immediately if a potential hazard that may be dangerous to life and limb is present.
A. 
Violations of any portions of this article shall be punishable by a fine of $100 per day in total. However, the Building Commissioner and Planning Director may waive the fine in total or in part upon the abatement of the violation(s).
B. 
The Building Commissioner or the Commissioner's designee shall enforce all provisions of this article and shall institute all necessary administrative or legal action to assure compliance. Any owner found to be in violation of this article shall receive a written warning and a minimum of seven days to remedy all violations prior to the institution of any enforcement action by the Commissioner.
C. 
The Building Commissioner, acting on behalf of the City of Lowell, may also bring a civil action in a court of competent jurisdiction seeking equitable relief to enforce this article. This article may also be enforced through noncriminal disposition in accordance with the provisions of the City ordinances.
If the Building Commissioner determines the 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 article 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.
If any provision of this article is held to be invalid by a court of competent jurisdiction, such provision shall be considered separate and apart from the remaining provisions, which shall remain in full force and effect.