[Adopted 12-19-2016 by Ord. No. 16-1006458E]
When used in this article, the following terms shall have the following meanings, unless a contrary intention clearly appears:
BUILDING
A structure, whether portable or fixed, with exterior walls or firewalls and a roof, built, erected or framed of a combination of any materials, to form shelter for persons, animals, or property.
CITY
The City of Marlborough.
COMMISSIONER
The Building Commissioner of the City of Marlborough or his/her designee.
DEVASTATING EVENT
A fire, gas explosion, lightning strike, storm, flood, falling tree, earthquake, act of vandalism, plumbing burst or freeze, or other similar event that significantly damages, in the estimation of the Commissioner, a building or structure located, at least in part, within the City.
OWNER
Every person, entity, mortgage lender, 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, manufactured home (mobile home unit), building or parcel of land, vacant or otherwise; or
B. 
Has care, charge or control of any dwelling, dwelling unit, manufactured home (mobile home unit), building or 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 dwelling, dwelling unit, mobile home unit, building or parcel of land, vacant or otherwise; or
D. 
Is an officer or trustee of the association of unit owners of a condominium;
E. 
Is an agent, trustee or other person appointed by the courts and vested with possession or control of any such property; or
F. 
Is a person who operates a rooming house.
STRUCTURE
A combination of materials, whether wholly or partially level with, above or below the surface of the ground, whether permanent or temporary, assembled at a fixed location to give support, shelter or enclosure, such as a building, framework, retaining wall, stand, platform, bin, fence (having a height at any point of six feet or greater above grade), parking area sign, flagpole, or mast for an antenna or the like.
A. 
Within 72 hours after the City has sent, by first class mail and by certified mail, written notification to the owner of a building or structure damaged by a devastating event, the owner of the building or structure damaged by the devastating event shall report in writing to the Building Commissioner the name, mailing address, and contact information, including phone number, of the insurance company providing insurance on the building or structure, as well as the name, mailing address, and contact information, including phone number, of any licensed public insurance adjuster retained by or on behalf of the owner.
B. 
No later than 30 calendar days after the date of the devastating event, and at no less than thirty-calendar-day intervals thereafter, the owner shall report in writing to the Building Commissioner the status of settlement negotiations with the insurer of the damaged building or structure, together with a timetable for repairing, renovating or otherwise disposing of the building or structure. The building or structure will be subject to evaluation by the Building Commissioner or his/her designee every 30 calendar days after the date of the devastating event.
C. 
Failure of the owner to comply, within the pertinent thirty-calendar-day period, with the reporting obligations of this § 485-17 shall subject the owner to the antiblight provisions set forth in Article I of this chapter.
D. 
Nothing contained in this § 485-17 shall prohibit the City from seeking any relief the City deems appropriate to protect and advance the health, safety, welfare and aesthetic concerns of the public, including but not limited to a demolition order pursuant to MGL c. 139, § 1; an inspection of the building or structure by the Building Commissioner or his/her designee pursuant to MGL c. 143, § 6; or a referral of the matter to the City's Board of Health to enforce the provisions of the sanitary code, including by means of judicial appointment of a receiver pursuant to MGL c. 111, § 127I. All costs incurred by the City pursuant to this section shall constitute a debt due the City pursuant to the provisions of MGL c. 139, § 3A, MGL c. 143, § 9, or MGL c. 111, § 125, as applicable.