A.
It is the intent of this article to protect and preserve public safety, security, and quiet enjoyment of occupants, abutters, and neighborhoods by:
[Adopted 6-16-2009 (Ch. 9, Art. VII, of the 2010 Code)]
When used in this article, unless a contrary intention clearly appears, the following terms shall have the following meanings:
City of Taunton.
Building Commissioner for the City of Taunton.
Consecutive calendar days.
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.
Taking any of the following actions:
Within 20 driving miles distance of the property in question.
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.
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, mobile dwelling unit, or parcel of land, vacant or otherwise, including a mobile home park;
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;
Is a mortgagee in possession of any such property;
Is an agent, trustee or other person appointed by the courts and vested with possession or control of any such property;
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
Is a trustee who holds, owns or controls mortgage loans for mortgage-backed securities transactions and has initiated the foreclosure process.
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.[1]
Any property that contains one or more dwelling units used, intended, or designed to be occupied for living purposes.
Measures that assist in making the property inaccessible to unauthorized persons.
Any property not currently legally occupied and not properly maintained or secured.
A.
All owners must register vacant and/or foreclosing residential properties with the Building Commissioner on forms provided by the Commissioner. All registrations must state the individual owner's or agent's phone number and mailing address located within the commonwealth 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. This registration must also certify that the property was inspected and identify whether the property is vacant at the time of filing. If the property is vacant, the owner and/or registrant must designate and retain a local individual or local property management company responsible for the security and maintenance of the property. This designation must state the individual's or company's name, phone number, and local mailing address. The mailing address may not be a post office box. If the property is in the process of foreclosure, then the registration must be received within seven days of the initiation of the foreclosure process as defined in § 350-9. If the Commissioner determines that the property is vacant and that foreclosure proceedings have not been initiated, the registration must be received within 14 days of the Commissioner's first citation for improper maintenance.
B.
All property registrations are valid for one calendar year. An annual registration fee of $100 must accompany the registration form. Subsequent annual registrations and fees are due within 30 days of the expiration of the previous registration and must certify whether the foreclosing and/or foreclosed property remains vacant or not.
C.
Once the property is no longer vacant or is sold, the owner must provide proof of sale or written notice and proof of occupancy to the Building Commissioner.
A.
Properties subject to this article must be maintained in accordance with the relevant sanitary codes, building codes, and local regulations concerning external and/or visible maintenance. The owner, local individual or local property management company must inspect and maintain the property on a monthly basis for the duration of the vacancy.
B.
Adherence to this article 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.
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.
A.
Failure to initially register with the Commissioner is punishable by a fine of $300.
B.
If applicable, failure to properly identify the name of the local individual or local property management company is punishable by a fine of $300.
C.
Failure to maintain the property is punishable by a fine up to $300 for each week the property is not maintained.
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.