[Amended 7-15-2008 by Ord. No. 2008-39]
Vacant buildings are at greater risk of fire, criminal intent
and public health violations and require increased monitoring and
inspection by Inspectional Services. The purpose of this division
is to notify the City of these vacant buildings and to compensate
the City for the costs associated with these vacant properties by
all municipal, public health and safety departments.
[Amended 5-29-2018 by Ord. No. 2018-21]
Within 45 days of a building becoming vacant, each owner of
such vacant building shall register said building with Inspectional
Services by providing such division, on a form to be created by such
division, with the name, address and telephone number of each owner
of the building, the street address of the building and the map, block
and parcel number of such building. If none of the owners are at an
address within the commonwealth, then the registration shall also
include the name, address and telephone number of a person who resides
within the commonwealth and is authorized to accept service of process
on behalf of the owners, and who shall be designated as a responsible
local agent, both for purposes of notification in the event of an
emergency affecting the public health, safety and welfare and of service
of any and all notices issued pursuant to this chapter. The failure
to timely register a vacant building shall be a violation of this
chapter.
[Amended 5-29-2018 by Ord. No. 2018-21; 5-28-2019 by Ord. No. 2019-9]
A.
On or before July 1 of each fiscal year, the owner of any vacant building on a lot of less than 1/2 acre shall pay to Inspectional Services a registration fee to cover the administrative cost of the monitoring of such vacant buildings. The annual registration fee shall be based on the duration of the vacancy as of July 1 of such year according to the schedule set forth in Chapter A110, Fee Schedule, of the City Code.
B.
For properties that are 1/2 acre or more, the annual registration fee shall be based on the duration of the vacancy as of July 1 of such year according to the schedule set forth in Chapter A110, Fee Schedule, of the City Code.
C.
A failure to timely pay the registration fee shall be a violation
of this division and the full fee shall be deemed an assessment resulting
from a violation of this division subject to a lien on property to
be collected in accordance with Chapter 59 of the Massachusetts General
Laws (MGL c. 59).
[Amended 5-29-2018 by Ord. No. 2018-21; 5-28-2019 by Ord. No. 2019-9]
On or before June 1 of each fiscal year, Inspectional Services shall send a billing statement, setting forth the required registration fee, to each owner of a vacant building. However, the registration fee set forth in § 10-97 shall be due and payable on July 1 of each year regardless of the delivery or receipt of such billing statement.
[Amended 5-29-2018 by Ord. No. 2018-21]
Any owner assessed a registration fee under this chapter shall have the right to appeal the imposition of such fee to Inspectional Services upon the filing of an application in writing, no later than 15 calendar days after mailing of the billing statement. The appeal request shall be accompanied by a nonrefundable appeal fee as set forth in Chapter A110, Fee Schedule, of the City Code. The appeal shall be limited solely to the issues of whether the building is vacant and how long the building has been vacant. The owner shall have the burden of proof on appeal. Upon the proper filing of an appeal, payment of the registration fee shall be stayed pending the outcome on appeal. If the decision is adverse to the owner, the payment shall be due within 10 calendar days of the decision of Inspectional Services.
The provisions of this chapter are in addition to, and not in
lieu of, any and all other applicable provisions of the Code of the
City of Fall River or any provisions of the regulations and laws of
the commonwealth.
[Amended 5-29-2018 by Ord. No. 2018-21]
Any person or entity violating this chapter, by failing to register a vacant building, failing to pay the registration fee or otherwise, shall be subject to a fine of up to $300 per offense. Each day that the owner is in violation shall constitute a separate offense. The Inspector of Buildings shall have the right to enforce this chapter pursuant to the noncriminal disposition procedures set forth in Chapter 2, Article X, of the City Code.
