[Adopted 6-6-2011 ATM by Art. 45]
The purpose of this bylaw is to help protect the health, safety
and welfare of the residents of Plainville by preventing blight, protecting
property values and neighborhood integrity, protecting Town resources
and ensuring the safe and sanitary maintenance of vacant buildings.
Vacant buildings create an increased risk for fire damage, encourage
vandalism and unlawful entry, and give rise to other public health
and safety hazards. This bylaw is intended to promote the Town's
public welfare by requiring all property owners to register and properly
maintain vacant buildings.
As used in this article, the following terms shall have the
meanings indicated:
BOARD OF SURVEY
A board consisting of the head of the Fire Department, a
surveyor, and one disinterested person to be appointed by the Building
Commissioner, in accordance with the provisions of MGL c. 143, § 8.
BUILDING
A structure enclosed within exterior walls or firewalls,
built, erected, or framed of any materials, and fixed to the ground,
having a roof, to form a structure for the shelter of persons, animals
or property, or the storage of commercial or industrial personal property.
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, adminstratrix, trustee,
or guardian of the estate of the holder of legal title; or
B.
Is a tenant 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 building.
VACANT BUILDING
Any building which is not legally occupied, is abandoned,
or is not used for a period of at least 45 consecutive days, and also
shows visible signs of substantial physical distress, including, but
not limited to, boarded-up or broken windows or doors, fire damage,
exposure to the elements, susceptibility to unauthorized entry, disconnected
utilities, accumulation of trash, junk and/or debris, or that appears
to pose a risk to public safety, as determined by the Building Commissioner.
The Building Commissioner, Police Chief, Fire Chief and the
Health Agent, or their designees, shall have the authority to periodically
inspect the exterior and interior of any building subject to this
bylaw for compliance, as authorized under the terms of registration
form filed with the Building Commissioner. 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.
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 bylaw 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 bylaw 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.