[Added 4-20-2021 by Ord. No. 2021-7]
The following terms, when used in this division, shall have
the meanings ascribed to them in this section:
The program developed to provide an abutting landowner with
the first opportunity to acquire an abutting tax possession or nonbuildable
municipal property, which is vacant land and contains less area than
the minimum required to be considered a buildable lot in the City
of Fall River. Regulations for the Abutters Lot Program shall be promulgated
and periodically published by the Custodian of Tax Possessions.
A decree issued by the Land Court Department of the Trial
Court of Massachusetts, which forever bars all rights of redemption
pursuant to Massachusetts General Laws c. 60, § 69.
A deed accepted by the city pursuant to the provisions of
Massachusetts General Laws c. 60, § 77C.
A parcel for which a decree of foreclosure has been issued
by the Land Court Department of the Trial Court of Massachusetts,
or for which the city has accepted a deed in lieu of foreclosure,
which parcel contains less than the minimum square footage required
to be considered a buildable lot in the City of Fall River, is located
adjacent to a privately owned building on at least one side, is not
needed for public open space or other public use, and is not part
of a larger vacant parcel which will be developed. Abutters lots may
be used only for a garden, side yard, landscaped open space, off-street
parking, garage, or an addition to abutter's existing structure.
A property for which the City has obtained a decree of foreclosure
from the Land Court Department of the Trial Court of Massachusetts,
or for which the city has accepted a deed in lieu of foreclosure.
The Custodian of Tax Possessions may dispose of a tax possession:
A.
Pursuant to the method set forth in General Laws of Massachusetts
c. 60, § 77B; or
B.
If said tax possession is eligible for the Abutter Lots Program, then through the process set forth in § 42-144 hereof; or
C.
If said tax possession is to be maintained by the City for municipal
purposes, by transferring it to it the City acting through the City
Council and Mayor; or
D.
If said tax possession is to be maintained by an enterprise fund
for said enterprise fund's purposes, by conveying it to said
enterprise fund; or
E.
Pursuant to request for proposals issued pursuant to General Laws
of Massachusetts Chapter 30B.
Prior to disposing of any tax possession, the Custodian of Tax Possessions shall, within 15 calendar days from the date the Treasurer receives the decree of foreclosure, send a memorandum notifying the Mayor, City Council, all City Departments, and all City Enterprise Funds that the City has foreclosed on the parcel of property. The memorandum shall specify the approximate square footage and location of the property, and shall further state that the parcel shall be disposed of, as provided in § 42-142 unless the Custodian of Tax Possessions receives written notification, within 30 days from the date the Custodian's communication appears on the City Council agenda, that the Mayor, City Council, City Department or City Enterprise Fund has identified a municipal need or other appropriate public purpose. Control of all parcels for which municipal needs or other appropriate purposes identified, and which are to be maintained in the possession of the City as municipal property, shall be transferred to the City's Real Estate Committee. Control of all parcels requested by an enterprise fund to be used by the said enterprise fund shall be conveyed to said enterprise fund.
After satisfying the requirements as set forth in § 42-143 above, the Custodian of Tax Possessions may dispose tax possessions eligible for the Abutters Lots Program (hereinafter the "Abutters Lots Program tax possession") in the following manner:
A.
After the thirty-day period as set forth in § 42-143 has expired, the Custodian of Tax Possessions shall send a notice to the owner of record immediately prior to the acquisition by the City of the title to such property. Such notice shall contain a description of the property to be sold sufficient to identify it, shall state that the property has been placed in the Abutters Lots Program, and shall state the date, time and place appointed for the sale thereof and the terms and conditions of such sale.
B.
Such notice shall be sent by certified mail, return receipt requested,
to the address of such owner, as appearing upon the records of the
Assessors of the City at the time of receipt of the Decree of Foreclosure,
at least 14 days before the sale.
C.
The Custodian of Tax Possessions shall also, not less than 14 days
before such sale date, post a similar notice in two or more convenient
and public places in the City.
D.
The Custodian of Tax Possessions shall request a list of all abutters
to the abutters lots tax possession to be offered for sale, from the
Assessors Office (hereinafter the "abutters list").
E.
The Custodian of Tax Possessions shall send a notification (by mail
or electronic mail) to all parties appearing on the abutters list
attaching a copy of the request for proposals regarding said abutters
lots tax possession.
F.
The Custodian of Tax Possessions may reject any and all bids at such
sale or any adjournment thereof if, in her opinion, no bid qualifies
under the request for proposal. After any such sale and upon payment
by the purchaser to the City of the amount of a bid accepted by the
Custodian of Tax Possessions, the Custodian of Tax Possessions and
the Treasurer, on behalf of the City, shall execute and deliver any
instrument necessary to transfer the title of the City to any such
property sold under this section. The deed shall contain a covenant,
running with the land, limiting future use of the property to those
uses permitted under the abutter lots program. The Treasurer shall
not execute any deeds for tax title property until the purchaser submits
to the treasurer a statement signed under the pains and penalties
of perjury that neither purchaser nor any other person who would gain
equity in the property as a result of such conveyance has ever been
convicted of a crime involving the willful and malicious setting of
a fire or of a crime involving the aiding, counseling or procuring
of a willful and malicious setting of a fire, or of a crime involving
the fraudulent filing of a claim of fire insurance; or is delinquent
in the payment of real estate taxes to the City, or, if delinquent,
that a pending application for abatement of such tax, or a pending
petition before the Appellate Tax Board or the County Commissioners
has been filed in good faith. If there is more than one grantee of
such deed, each grantee must file such statement, and no such deed
shall be valid unless it contains a recitation that the treasurer
has received such statement. Said deed shall further contain a covenant,
running with the land, requiring the purchaser to complete the cleanup
and reuse of the property proposed in their abutter's lot program
application to the satisfaction of the Custodian of Tax Possessions
within one year of the date of transfer. Said one-year time period
may be extended for an additional six months, provided the purchaser
has applied for any and all permits necessary to complete their proposed
work. The City shall have the option in the deed, pursuant to the
preceding covenants, to take the property back or to bring an action
in equity to enforce the terms of the covenants. The deed shall provide
that the property will automatically revert to the City if the purchaser
fails to complete the cleanup or reuse proposed in his or her Abutters
Lot Program application within 18 months of the deed transfer.
G.
All parcels included in the Abutter Lots Program shall be offered
for sale to qualified abutters, in accordance with the regulations
governing the Abutter Lots Program.
H.
Notwithstanding the allowed uses set forth in the definition of eligibility for the Abutters Lots Program contained in § 42-141, a lot acquired through the Abutters Lots Program may be combined with an adjacent lot also acquired through the Abutter Lots Program to form a "combined lot." Such combined lot shall not be subject to the restrictions set forth in the restrictive covenant and may then be developed in accordance with the relevant provisions of the City Code of Ordinances, provided that the combined lot satisfies then existing zoning, subdivision and building requirements without relief from the City Code sections regarding front yard, side yard, rear yard, floor-to-area ratios, lot size, density, or frontage. No other property may be considered as part of the combined lot in determining whether such combined lot satisfies the relevant sections of the City Code.
Upon payment by the purchaser to the City of the consideration for the sale of any tax possession, the Custodian of Tax Possessions and the Treasurer, on behalf of the city, shall execute and deliver any instrument necessary to transfer the title of the city to any such property sold under § 42-144 of the City Code. The Treasurer shall not execute any deeds for a tax possession until the purchaser submits to the Treasurer a statement signed under the pains and penalties of perjury that purchaser nor any other person who would gain equity in the property as a result of such conveyance has ever been convicted of a crime involving the willful and malicious setting of a fire or of a crime involving the aiding, counseling or procuring of a willful and malicious setting of a fire, or of a crime involving the fraudulent filing of a claim of fire insurance; or is delinquent in the payment of real estate taxes to the City, or, if delinquent, that a pending application for abatement of such tax, or a pending petition before the Appellate Tax Board or the Bristol County Commission has been filed in good faith. If there is more than one grantee of such deed, each grantee must file such statement, and no such deed shall be valid unless it contains a recitation that the Treasurer has received such statement.
In the case of parcels to be offered for sale at a tax possession auction, parcels for which a decree of foreclosure or deed in lieu has been received by the Treasurer between January 1 and June 30, and all parcels remaining from the prior Abutters Lots Program sale, shall be auctioned in the following October. All parcels for which a decree of foreclosure or deed in lieu has been received by the Treasurer between July 1 and December 31, and all parcels remaining from the prior Abutters Lots Program sale shall be auctioned in the following April. Properties remaining after an auction would be readvertised for successive auctions or offered under § 42-144 until sold.
A payment in lieu of taxes pursuant to General Laws of Massachusetts
c. 44, § 63A shall be collected by the Treasurer upon the
execution of any deed of a tax possession to a private party.
As used in this division, the following terms shall have the
meanings indicated:
A parcel which is nonbuildable municipal property and contains
less than the minimum square footage required to be considered a buildable
lot in the City of Fall River, is located adjacent to a privately
owned building on at least one side, is not needed for public open
space or other public use, and is not part of a larger vacant parcel
which will be developed. Abutters lots may be used only for a garden,
side yard, landscaped open space, off-street parking, garage, or an
addition to abutter's existing structure.
Vacant land owned by the City of Fall River as municipal
property which contains less area than the minimum required to be
considered a buildable lot in the City of Fall River, and abuts a
developed residential or commercial parcel of land.
A.
The City Council, pursuant to a recommendation of the Committee on Real Estate, may vote to dispose nonbuildable municipal property through the process set forth in this § 42-149.
B.
At least 14 days prior to the proposed sale of property, the Chief
Procurement Officer shall post a notice of the proposed sale. The
notice shall contain a description of the property to be sold sufficient
to identify it, shall state that the property has been placed in the
Abutters Lots Program, and shall state the date, time and place appointed
for the sale thereof and the terms and conditions of such sale, and
said notice must be placed in a minimum of two public and convenient
locations in the City.
C.
The Chief Procurement Officer shall request a list of all abutters
to nonbuildable municipal property which shall be offered for sale
hereunder from the Assessors Office (hereinafter the "abutters list").
D.
The Chief Procurement Officer shall send a notification (by mail
or electronic mail) to all parties appearing on the abutters list
attaching a copy of the request for proposals regarding said nonbuildable
municipal property being offered for sale hereunder.
E.
The Chief Procurement Officer may reject any and all bids at such
sale or any adjournment thereof if, in her opinion, no bid qualifies
under the request for proposal. After any such sale and upon payment
by the purchaser to the City of the amount of a bid accepted by the
Chief Procurement Officer, the Mayor, on behalf of the City, shall
execute and deliver any instrument necessary to transfer the title
of the City to any such property sold under this section. The deed
shall contain a covenant, running with the land, limiting future use
of the property to those uses permitted under the abutter lots program
shall not execute any deeds for tax title property until the purchaser
submits to the Corporation Counsel a statement signed under the pains
and penalties of perjury that neither purchaser nor any other person
who would gain equity in the property as a result of such conveyance
has ever been convicted of a crime involving the willful and malicious
setting of a fire or of a crime involving the aiding, counseling or
procuring of a willful and malicious setting of a fire, or of a crime
involving the fraudulent filing of a claim of fire insurance; or is
delinquent in the payment of real estate taxes to the city, or, if
delinquent, that a pending application for abatement of such tax,
or a pending petition before the Appellate Tax Board or the County
Commissioners has been filed in good faith. If there is more than
one grantee of such deed, each grantee must file such statement, and
no such deed shall be valid unless it contains a recitation that the
treasurer has received such statement. Said deed shall further contain
a covenant, running with the land, requiring the purchaser to complete
the cleanup and reuse of the property proposed in their abutter's
lot program application to the satisfaction of the Chief Procurement
Officer within one year of the date of transfer. Said one-year time
period may be extended for an additional six months provided the purchaser
has applied for any and all permits necessary to complete their proposed
work. The City shall have the option in the deed, pursuant to the
preceding covenants, to take the property back or to bring an action
in equity to enforce the terms of the covenants. The deed shall provide
that the property will automatically revert to the City if the purchaser
fails to complete the cleanup or reuse proposed in his or her Abutters
Lot Program application within 18 months of the deed transfer.
F.
All nonbuildable municipal property included in the Abutter Lots
Program shall be offered for sale to qualified abutters, in accordance
with the regulations governing the Abutter Lots Program.
G.
Notwithstanding the allowed uses set forth in the definition of eligibility for the Abutters Lots Program contained in § 42-148, a lot acquired through the Abutters Lots Program may be combined with an adjacent lot also acquired through the Abutter Lots Program to form a "combined lot." Such combined lot shall not be subject to the restrictions set forth in the restrictive covenant and may then be developed in accordance with the relevant provisions of the City Code of Ordinances, provided that the combined lot satisfies then existing zoning, subdivision and building requirements without relief from the City Code sections regarding front yard, side yard, rear yard, floor-to-area ratios, lot size, density, or frontage. No other property may be considered as part of the combined lot in determining whether such combined lot satisfies the relevant sections of the City Code.
An abutter that takes title to a tax possession or nonbuildable
municipal lot through the Abutters Lots Program may be required to
pay all of the City's reasonable attorney's fees incurred
in relation to such sale and transfer.
