[Adopted 6-16-2008 by Art. 29]
When used in this article, unless a contrary
intention clearly appears, the following terms shall have the following
meanings:
COMMISSIONER
The Building Commissioner of the Town of Adams.
DAYS
Consecutive calendar days.
"EVIDENCE OF VACANCY"
Any condition that would lead a reasonable person to believe
that the property is vacant.
FORECLOSING
The process by which a property, placed as security for a
real estate loan is prepared for sale to satisfy the debt if the borrower
defaults.
"INITIATION OF THE FORECLOSURE PROCESS"
Taking any of the following actions:
A.
Taking possession of a residential property
pursuant to MGL c. 244, § 1;
B.
Publishing the first foreclosure notice of a
residential property pursuant to MGL c. 244, § 14; or
C.
Commencing a foreclosure action on a residential
property in either the Land Court or Superior Court.
LOCAL
Within 20 driving miles distance of the property in question.
MORTGAGEE
The creditor, including, but not limited to, service companies
and lenders in a mortgage agreement.
MORTGAGEE IN POSSESSION
A mortgagee that has taken over control and/or occupancy
of a property upon default of the borrower to collect income from
the property and/or prepare for foreclosure.
OWNER
A.
Means:
(1)
Every person, entity, service company, property
manager or realtor, who alone or severally with others:
(a)
Has legal or equitable title to any dwelling,
dwelling unit, mobile dwelling unit, building or parcel of land, vacant
or otherwise, including a mobile home park; or
(b)
Has care, charge or control of any dwelling,
dwelling unit, mobile dwelling unit, building or parcel of land, vacant
or otherwise, including a mobile home park, 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 of any such property;
or
(e)
Is an officer or trustee of the association
of unit owners of a condominium.
(2)
Each such person is bound to comply with the
provisions of these minimum standards as if he were the owner.
B.
"Owner" also means every person who operates
a rooming house; or is a trustee who holds, owns, or controls mortgage
loans for mortgage-backed securities transactions and has initiated
the foreclosure process.
PROPERTY
Any real property, or portion thereof, located in the Town
of Adams, including but not limited to buildings or structures occupied
for living purposes.
RESIDENTIAL PROPERTY
Any property that contains one or more dwelling units used,
intended, or designed to be occupied for living purposes.
SECURING
Measures that assist in making the property inaccessible
to unauthorized persons.
VACANT
A structure or building not legally occupied.
The Commissioner or his designee shall have
the authority and the duty to inspect properties subject to this article
for compliance and to issue citations for any violations. The Commissioner
shall have the discretion to determine when and how such inspections
are to be made, provided that their policies are reasonably calculated
to ensure that this article is enforced.
Any person aggrieved by the requirements of
this article, or by a decision issued under this article by the Commissioner,
may seek relief in any court of competent jurisdiction as provided
by the laws of the commonwealth.
If any provision of this article imposes greater
restrictions or obligations that those imposed by any other general
law, special law, regulation, rule, ordinance, bylaw, order, or policy,
then the provisions of this article control.
If any provision of this article is held to
be invalid by a court of competent jurisdiction, then such provision
shall be considered separately and apart from the remaining provisions,
which shall remain in full force and effect.