When used in this article, the following terms shall have the
following meanings, unless a contrary intention clearly appears:
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.
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.
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.