[Adopted 10-20-2010 by Bylaw Amendment 10-650]
The purpose of this article is to protect the health, safety and welfare of the Town and its residents by preventing blight, 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 all properties. Inadequately maintained vacant buildings are at an increased risk for fire, unlawful entry, and other public health and safety hazards. This article will help secure the welfare of the Town's residents and neighborhoods by requiring all property owners, as well as lenders, trustees, service companies and management entities, to properly maintain vacant properties.
As used in this article, the following terms shall have the meanings indicated:
COMMISSIONER The Building Commissioner of the Town of Franklin or his designee.
DAYS Consecutive calendar days.
FORECLOSED 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.
LOCAL Within 20 miles of the property in question.
MORTGAGEE The creditor, including but not limited to service companies and lenders under a mortgage agreement, or any successor in interest of the mortgagee's rights, interests or obligations under the mortgage agreement.
OWNER Every person, nongovernmental entity, service company, property manager or real estate broker, who alone or severally with others:
A. Has legal or equitable title to any dwelling, dwelling unit, or parcel of land, vacant or otherwise; or
B. Has care, charge or control of any dwelling, dwelling unit, parcel of land, vacant or otherwise, 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
C. Is a mortgagee in possession of any such property; or
D. Is an agent, trustee or other person appointed by the courts and vested with possession or control; or
E. 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; or
F. Is a trustee who holds, owns or controls mortgage loans for mortgage backed securities transactions and has initiated a foreclosure process.
PROPERTY Any real property or portion thereof, located in the Town of Franklin, which contains a building, structure, or other improvement; excepted from this definition is any and all Town-owned property.
TOWN The Town of Franklin.
VACANT A property which is not being actively used or occupied and which has not been actively used or occupied within the preceding 90 days. This definition shall not apply to property which is undergoing renovations or repairs due to fire or other casualty. For purposes of this article, "vacant" also includes abandoned and/or foreclosed property(ies). Excepted from this definition is residential property that is temporarily vacant due to the owner(s)' seasonal absences.
The Commissioner or his designee shall have the authority and the duty to periodically inspect properties subject to this article for compliance with this article and to issue citations for any violations. The Commissioner or his designee shall have the discretion to determine when and how such inspections are to be made, provided that such determination is reasonably calculated to ensure that this article is enforced.