When used in this article, unless a contrary intention clearly
appears, the following terms shall have the following meanings:
DAYS
Consecutive calendar days.
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 defaults.
INITIATION OF THE FORECLOSURE PROCESS
Taking any of the following actions:
A.
Taking possession of a residential property pursuant to MGL
c. 244, § 1;
B.
Delivering the mortgagee's notice of intention to foreclose
to the borrower pursuant to MGL c. 244, § 17B; or
C.
Commencing a foreclosure action on a property in either the
Land Court or Bristol County Superior Court.
LOCAL
Within 20 driving miles distance of the property in question.
MORTGAGEE
The creditor, including but not limited to service companies,
lenders in a mortgage agreement and any agent, servant, or employee
of the mortgagee, or any successor in interest and/or assignee of
the mortgagee's rights, interests or obligations under the mortgage
agreement.
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,
mobile dwelling unit, or parcel of land, vacant or otherwise, including
a mobile home park;
B.
Has care, charge or control of any dwelling, dwelling unit,
mobile dwelling unit or parcel of land, vacant or otherwise, including
a 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;
C.
Is a mortgagee in possession of any such property;
D.
Is an agent, trustee or other person appointed by the courts
and vested with possession or control of any such property;
E.
Is an officer or trustee of the association of unit owners of
a condominium. Each such person is bound to comply with the provisions
of these minimum standards as if he were the owner. However, this
article shall not apply to a condominium association created pursuant
to MGL c. 183A to the extent that such association forecloses on or
initiates the foreclosure process for unpaid assessments due or owing
to the association. "Owner" also means every person who operates a
rooming house; or
F.
Is a trustee who holds, owns or controls mortgage loans for
mortgage-backed securities transactions and has initiated the foreclosure
process.
PROPERTY
Any real residential property, or portion thereof, located
in the City of Taunton, including buildings or structures situated
on the property. For purposes of this article only, "property" does
not include property owned or subject to the control of the City or
any of its governmental bodies. Such property includes, but is not
limited to, property owned or controlled by the Taunton Redevelopment
Authority or the Taunton Housing Authority.
RESIDENTIAL PROPERTY
Any property that contains one or more dwelling units used,
intended, or designed to be occupied for living purposes.
SECURING
Measures that assist in making the property inaccessible
to unauthorized persons.
VACANT
Any property not currently legally occupied and not properly
maintained or secured.
The Building Commissioner shall have the authority and the duty
to inspect properties subject to this article for compliance and to
issue citations for any violations. The Building Commission shall
have the discretion to determine when and how such inspections are
to be made, provided that his policies are reasonably calculated to
ensure that this article is enforced.
Any person aggrieved by the requirements of this article may
seek an administrative appeal to the Building Commissioner. Any person
aggrieved by a final decision issued under this article by the Building
Commissioner 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 other general law, special
law, regulation, rule, ordinance, bylaw, order, or policy, then the
provisions of this article control.
The Building Commissioner has the authority to promulgate rules
and regulations necessary to implement and enforce this article.
The provisions of this article are effective immediately upon
passage and all provisions shall be enforced immediately, but no monetary
fine shall be imposed pursuant hereto until 90 days after passage.
A copy of this article is to be mailed to all owners of residential
property located in the City of Taunton within 90 days of passage
of this article. In addition, a copy of this article 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
residential property located in the City of Taunton. In addition,
each time the Assessors' office receives notification of a transfer
of ownership of residential property, it shall forward the same to
the Building Commissioner. The Commissioner shall cause a copy of
this article to be mailed to the transferee of the property within
30 days of notification.
Records compiled pursuant to the provisions of this article
shall be exempt from disclosure pursuant to the provisions of MGL
c. 4, § 7.