[Adopted 5-7-2012 SATM, Art. 29]
BUILDING
Any structure used or intended for supporting or sheltering
any use or occupancy; a structure enclosed within exterior walls or
firewalls, built, erected and framed of a combination of any material,
whether portable or fixed, having a roof, to form a structure for
the shelter of persons, animals or property. For the purpose of this
definition, "roof" shall include an awning or similar covering, whether
or not permanent in nature and the word "building" shall be construed
where the context requires as though followed by the words "or parts
thereof."
COMMISSIONER
Means the Building Commissioner/Inspector of Buildings of
the Town of Walpole or his/her designee.
DAYS
Means consecutive calendar days.
FORECLOSED
Means a property, placed as security for a real estate loan,
as to which all rights of the mortgagor or his grantee in the property
have been terminated as a result of a default of the loan.
LEGALLY OCCUPIED
Occupied in accordance with the provisions of the Massachusetts
State Building Code.
LOCAL
Means within 20 miles of the property in question.
MORTGAGEE
Means 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.
NONRESIDENTIAL
A.
"Abandoned" as applied to any building other than residential
building shall mean any building or structure which is not legally
occupied or has been wholly vacant for 60 consecutive days, and shows
visible signs of substantial physical distress, including, but not
limited to, boarded-up or broken windows or doors, fire damage, collapsed
roofs, exposure to the elements, susceptibility to unauthorized entry,
disconnected utilities, the accumulation of trash, junk, and/or debris,
or that appears to pose a risk to public safety, as determined by
the Building Commissioner. Abandoned does not include a building that
is unoccupied while undergoing renovations for which a valid building
permit exists, or while undergoing repairs due to fire or other casualty
or that is temporarily vacant due to seasonal absences.
OWNER
A person or entity who, alone or severally with others:
A.
Has legal or equitable title to property or has care, charge
or control of any building, dwelling unit or parcel of land 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.
Has legal right to possess an entire building on property; or
C.
Is a mortgagee in possession of any building on property; or
D.
Is an agent, trustee, receiver or other person appointed by
the courts and vested with possession or control of a building on
property; or
E.
Is an officer or trustee of an association of unit owners of
a condominium or cooperative which is or is on property.
PROPERTY
Means any real property, or portion thereof, located in the
Town of Walpole, including but not limited to buildings or structures
situated on the property.
RESIDENTIAL
A.
"Abandoned" as applied to residential buildings means a building
or structure which is not being used or occupied as intended and shows
visible signs of substantial physical distress, including, but not
limited to, boarded-up or broken windows or doors, fire damage, collapsed
roofs, exposure to the elements, susceptibility to unauthorized entry,
disconnected utilities, the accumulation of trash, junk, and/or debris,
or that appears to pose a risk to public safety, as determined by
the Building Commissioner. Abandoned does not include a building that
is unoccupied while undergoing renovations for which a valid building
permit exists, or while undergoing repairs due to fire or other casualty
or that is temporarily vacant due to seasonal absences.
STRUCTURE
A combination of materials for permanent or temporary occupancy
of use, such as a building, bridge trestle, tower, framework, retaining
wall, tank, tunnel, tent, stadium, reviewing sand, platform, swimming
pool, shelter, pier, wharf, bin, fence, sign, gasoline pump, recreational
court, or the like.
TOWN
Means the Town of Walpole.
The Building Commissioner, Police Chief, Fire Chief and the
Health Director, or their designees, shall have the authority to periodically
inspect the exterior and interior of any building subject to this
bylaw for compliance, provided that reasonable efforts are made by
the Town officials to provide at least 24 hours' notice to the property
owners or their designees, unless said official(s) shall deem that
a safety emergency exists that shall require immediate response (MGL
c. 148, § 4). Findings are to be given to the Building Commissioner
to determine what actions need to be taken. The Commissioner shall
have the discretionary authority to recommend the immediate disconnection
of utilities if a potential hazard is apparent that may be dangerous
to life and limb is present.
Violations of any portions of this bylaw, including but not
limited to failure to initially register with the Commissioner, failure
to properly designate the name of a local individual or local property
management company responsible for the maintenance and security of
the property, and failure to maintain and/or to secure property in
compliance with this bylaw, shall be punishable by a fine of $100
per violation, with each day the violation continues constituting
a separate violation. The Commissioner or his designee shall enforce
all provisions of this bylaw and shall institute all necessary administrative
or legal action to assure compliance. No enforcement action shall
be instituted until at least seven days following an order to remedy
such violation, served upon an owner in person, by registered mail,
return receipt requested, or by posting said notice at the site.
A. The penalties provided in herein shall not be construed to restrict
the Town from pursuing other legal remedies available to the Town,
including, but not limited to, a civil action in a court of competent
jurisdiction seeking equitable relief to enforce this bylaw.
B. The Commissioner shall have the authority to waive or reduce any
of the penalties at his or her discretion.
C. In addition to any other remedies available to the Town, this bylaw
may be enforced, in the discretion of the Commissioner, by noncriminal
disposition pursuant to MGL c. 40, § 21D. The noncriminal
fine for each such violation shall be $100. The enforcing person for
purposes of noncriminal disposition shall be the Commissioner, and
each day a violation continues shall be considered a separate violation.
If the Commissioner determines any 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.
Any persons aggrieved by a decision issued hereunder may appeal
said decision to the Zoning Board of Appeals in the Town within 30
days of said decision.
If any provisions of this bylaw impose greater restrictions
or obligations than those imposed by any general law, special law,
regulation, rule, ordinance, order or policy, then the provisions
of this bylaw shall control.
The Commissioner shall have the authority to develop rules and
regulations as he/she deems necessary to implement and enforce this
bylaw.
If any provision of this bylaw is held to be invalid by a court
of competent jurisdiction, then such provisions shall be considered
separately and apart from this bylaw's remaining provisions, which
shall remain in full force and effect.
[Amended 10-21-2019 FATM, Art. 20]
The Building Commissioner shall submit an annual report to the
Select Board concerning the registration and maintenance of vacant
or abandoned buildings and properties. The reporting may include any
activity pursuant to this bylaw.