[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.
B. 
The Building Commissioner of the City of Marlborough has enforcement authority as to this article, pursuant to MGL c. 143, § 3, the State Building Code, and the City's Zoning Ordinance.[1]
[1]
Editor's Note: See Ch. 650, Zoning.
When used in this article, the following terms shall have the following meanings, unless a contrary intention clearly appears:
ABANDONED
Vacant.
CITY
The City of Marlborough.
COMMISSIONER
The Building Commissioner of the City of Marlborough or his/her designee.
DAYS
Consecutive calendar days, including legal holidays as specified in MGL c. 4, § 7, and weekend days.
EVIDENCE OF ABANDONMENT
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.
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 of that loan defaults.
INITIATION OF THE FORECLOSURE PROCESS
The taking of 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;
C. 
Delivering the mortgagee's notice of intention to foreclose pursuant to MGL c. 244, § 17B; or
D. 
Commencing a foreclosure action on a residential property in either the Land Court or the Superior Court.
LOCAL
Within 20 driving miles of the property in question.
MORTGAGEE
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.
MORTGAGEE IN POSSESSION
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.
OWNER
Every person, entity, 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, including a manufactured housing community (mobile home park); 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, 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
C. 
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
D. 
Is an officer or trustee of the association of unit owners of a condominium;
E. 
Is a trustee who holds, owns or controls mortgage loans for mortgage-backed securities and has initiated the foreclosure process; or
F. 
Is an agent, trustee or other person appointed by the courts and vested with possession or control of any such property; or
G. 
Is a person who operates a rooming house.
PROPERTY
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.
RESIDENTIAL PROPERTY
Any property that contains one or more dwelling units used, intended, or designed to be occupied for living purposes.
VACANT
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.
C. 
Compliance with this § 485-7 does not relieve the owner of any applicable obligations set forth in code regulations, covenant conditions and restrictions, and/or homeowners' association rules and regulations.
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.
C. 
A failure to maintain and/or to secure the property pursuant to § 485-7 shall be enforced by noncriminal disposition pursuant to MGL c. 40, § 21D, resulting in a fine of $300 for each week during which the property is not maintained and/or not secured in compliance with § 485-7.
D. 
The penalties provided in this § 485-9 shall not be construed to restrict the City from pursuing other legal remedies available to the City.
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.
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.