[Adopted 6-22-2009 by Ord. No. 09-1002125A-1]
A.
It is the purpose and intent of this article to protect and preserve
public safety and security, and the quiet enjoyment of occupants,
abutters and neighborhoods, by: requiring all residential property
owners, including lenders, trustees and service companies, to register
abandoned and/or foreclosing residential properties with the City
of Marlborough; and regulating the maintenance and security of abandoned
and/or foreclosing residential properties to help prevent blighted
and unsecure residences.
When used in this article, the following terms shall have the
following meanings, unless a contrary intention clearly appears:
Vacant.
The City of Marlborough.
The Building Commissioner of the City of Marlborough or his/her
designee.
Consecutive calendar days, including legal holidays as specified
in MGL c. 4, § 7, and weekend days.
Any condition that, by itself or in combination with other conditions, might lead a reasonable person to conclude that a property is vacant. Such conditions include but are not limited to overgrown and/or dead vegetation; accumulation of newspapers, circulars, flyers and/or mail; past due utility notices and/or disconnected utilities; accumulation of trash, junk and/or debris; the absence of window coverings, such as curtains, blinds and/or shutters; the absence of furnishings and/or personal items consistent with residential habitation; statements by neighbors, passersby, delivery agents and/or governmental employees that the property is vacant; and such evidence as would constitute a violation of the City of Marlborough's so-called Anti-Blight Ordinance, codified at Article I of this chapter.
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 of that loan defaults.
The taking of any of the following actions:
Taking possession of a residential property pursuant to MGL
c. 244, § 1;
Publishing the first foreclosure notice of a residential property
pursuant to MGL c. 244, § 14;
Delivering the mortgagee's notice of intention to foreclose
pursuant to MGL c. 244, § 17B; or
Commencing a foreclosure action on a residential property in
either the Land Court or the Superior Court.
Within 20 driving miles of the property in question.
The creditor, including but not limited to service companies,
lenders in a mortgage agreement, or any successor in interest of the
mortgagee's rights, interests or obligations under the mortgage agreement.
A mortgagee that, upon default of the borrower, has taken
over control and/or occupancy of a property in order to collect income
from the property and/or to prepare the property for foreclosure.
Every person, entity, service company, property manager or
real estate broker, who alone or severally with others:
Has legal or equitable title to any dwelling, dwelling unit,
manufactured home (mobile home unit), building or parcel of land,
vacant or otherwise, including a manufactured housing community (mobile
home park); or
Has care, charge or control of any dwelling, dwelling unit,
manufactured home (mobile home unit), building or parcel of land,
vacant or otherwise, including a manufactured housing community (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
Is a mortgagee in possession of any such dwelling, dwelling
unit, mobile home unit, building or parcel of land, vacant or otherwise,
including a mobile home park; or
Is an officer or trustee of the association of unit owners of
a condominium;
Is a trustee who holds, owns or controls mortgage loans for
mortgage-backed securities and has initiated the foreclosure process;
or
Is an agent, trustee or other person appointed by the courts
and vested with possession or control of any such property; or
Is a person who operates a rooming house.
Any real, residential property, or portion thereof, located
in the City of Marlborough, including but not limited to buildings
and structures situated on the property.
Any property that contains one or more dwelling units used,
intended, or designed to be occupied for living purposes.
Any residential building or structure not currently legally
occupied.
A.
All owners of abandoned and/or foreclosing residential properties
shall register such properties with the Commissioner on forms provided
by the Commissioner.
(1)
Each registration must state the individual owner's or agent's name,
phone number and mailing address located within the Commonwealth of
Massachusetts as required by MGL c. 59, § 57D, MGL c. 156D,
§ 5.02, and 950 CMR 113.20; the mailing address may not
be a post office box.
(2)
Each registration must also certify that the property has been inspected by the owner and must identify whether the property is abandoned. If the property shows evidence of abandonment, the property is abandoned for purposes of this Article II. Each registration must designate a local individual or local property management company responsible for the maintenance and the security of the property. This designation must state the individual or company's name, direct phone number, and local mailing address; the mailing address may not be a post office box.
(a)
If the owner's inspection determines that the property is abandoned,
the registration must be received by the Commissioner within seven
days of the owner's inspection.
(b)
If the owner's inspection determines that the property is not
abandoned, but foreclosure proceedings have been initiated, the registration
must be received by the Commissioner within seven days of the initiation
of the foreclosure process.
(c)
If the Commissioner's inspection pursuant to § 485-8 determines that the property is abandoned, the registration must be received by the Commissioner within 14 days of the Commissioner's first citation for improper maintenance.
(d)
If, regardless of any determination as to abandonment, foreclosure
proceedings have been initiated, the registration must be received
by the Commissioner within seven days of the initiation of the foreclosure
process.
B.
All property registrations pursuant to this § 485-6 are valid for one calendar year from the date when the registration is received by the Commissioner. An annual registration fee of $100 must accompany the registration form. Subsequent registrations and fees are due within 30 days after the date of expiration of the previous registration. Subsequent registrations must certify whether the property remains abandoned and/or remains in foreclosure, as the case may be.
C.
Any owner that has registered a property under this § 485-6 must report any change in information contained in the registration within 10 days of the change.
D.
Once the property is no longer abandoned or is sold, the owner shall
provide the Commissioner with written notice of legal occupancy or
proof of sale, as the case may be.
A.
Properties subject to this article must be maintained in accordance with the State Sanitary Code, the State Building Code, and local regulations concerning external and/or visible maintenance including but not limited to the City of Marlborough's so-called Anti-Blight Ordinance, codified at Article I of this chapter. The local owner or local property management company must inspect and maintain the property on a monthly basis for so long as the property is abandoned or shows evidence of abandonment. The name and the twenty-four-hour contact phone number of the local owner or local property management company responsible for the maintenance must be posted on the front of the property so as to be clearly visible by the Commissioner or his/her designee from the street.
B.
In accordance with state law, including but not limited to MGL c.
143, §§ 6 through 10 and 780 CMR 121.0, abandoned property
that is abandoned or that shows evidence of abandonment must be made
safe and must be secured so as not to be accessible to unauthorized
persons.
Pursuant to the State Building Code, the Commissioner or his/her
designee shall have the authority and the duty to inspect properties
subject to this article for compliance with this article and to issue
citations for any violations. The Commissioner or his/her 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.
A.
A failure to initially register with the Commissioner pursuant to § 485-6 shall be enforced by noncriminal disposition pursuant to MGL c. 40, § 21D, resulting in a fine of $300.
B.
A failure to properly designate the name of the local individual or local property management company responsible for the maintenance and the security of the property pursuant to § 485-6 shall be enforced by noncriminal disposition pursuant to MGL c. 40, § 21D, resulting in a fine of $300 for each violation, and a like fine for each day's continuation of such violation.
Any person aggrieved by the requirements of this article or
by a decision issued hereunder 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 than those imposed by any general law, special law,
regulation, rule, ordinance, order or policy, then the provisions
of this article shall control.
The Commissioner shall have the authority to promulgate rules
and regulations necessary to implement and enforce this article.
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 this article's remaining provisions, which
shall remain in full force and effect.
A copy of this article is to be advertised in one newspaper
of general circulation in the City of Marlborough, and is to be mailed
to all loan institutions, banks, real estate offices, and management
companies located in, and/or having legal or equitable interest in
any residential property located in the City of Marlborough.
The provisions of this article shall take effect immediately upon passage, and all provisions shall be enforced immediately, except that no monetary fine shall be imposed pursuant to this article until 30 days after the date when notices are mailed pursuant to § 485-14.
