[Added 1-10-2012 by Ord. No. 2012-4]
A.
Purpose.
(1)
It is the intent of this section to protect and preserve the public
health, safety, security, and quiet enjoyment of occupants, abutters
and neighborhoods by:
B.
CITY
DAYS
DIRECTOR
FORECLOSING
INITIATION OF THE FORECLOSURE PROCESS
(1)
(2)
(3)
LOCAL
MORTGAGEE
OWNER
(1)
(2)
(3)
(4)
(5)
(6)
PROPERTY
RESIDENTIAL PROPERTY
SECURING
VACANT
Definitions. When used in this section, unless a contrary intention
clearly appears, the following terms shall have the following meanings:
The City of Fall River.
Consecutive calendar days.
The Director of the Inspectional Services Division.
The process by which a property, placed as security for a
real estate loan, is prepared for sale to satisfy the debt evidenced
by said loan if the borrower defaults.
Taking any of the following actions:
Taking possession of a residential property pursuant to MGL
c. 244, § 1;
Delivering the mortgagee's notice of intention to foreclose
to the borrower pursuant to MGL c. 244, § 17B; or
Commencing a foreclosure action on a property in either the
Land Court or the Bristol County Superior Court.
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 unit, mobile dwelling
unit, or parcel of land, vacant or otherwise, including a mobile home
park; or
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
as agent, executor, executrix, administrator, administratrix, trustee,
or guardian of the estate of the holder of legal title; or
Is a mortgagee in possession of any such property; or
Is an agent, trustee or other person appointed by the courts
and vested with possession or control of such property; or
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
section 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 owning
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 Fall River, including building or structures situated
thereon; for purposes of this section only, "property" does not include
property owned or subject to the control of the City or any of its
governmental entities; such property includes, but is not limited
to, property owned or controlled by the Fall River Redevelopment Authority,
the Fall River Housing Authority, and the Office of Community Development.
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 properly not currently legally occupied and not properly
maintained or secured.
C.
Registration of foreclosing properties; duty to provide written notice
of vacant residential property and/or mortgage foreclosure.
(1)
All owners must register foreclosing residential properties with the Director of the Inspectional Services Division on forms provided by the Director. All registrations must state the individual owner's or agent's telephone number and mailing address located within the commonwealth as required by MGL c. 59, § 57D, MGL 156D, § 5.02, and 950 CMR 113.20. The mailing address may not be a post office (P.O.) 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 registration must designate and retain a local individual or local property management company. This designation must state the individual's or company's name, phone number, and local mailing address. The mailing address may not be a P.O. 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 Subsection B. If the Director determines that the property is vacant and that foreclosure proceedings have not been initiated, the registration must be received within 14 days of the Director's first citation for improper maintenance.
(2)
All property registrations are valid for one fiscal year. Registration fees shall be in accordance with Chapter 10, Article III, Division 3, Vacant Building Registration and Fee, of the City Code. Subsequent annual registration 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.
[Amended 5-30-2017 by Ord. No. 2017-6; 5-28-2019 by Ord. No. 2019-9]
(3)
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 Director.
D.
Maintenance requirements for vacant and foreclosing properties.
(1)
All vacant properties and foreclosing properties 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. The owner, local individual or local property management
company shall take all reasonable steps necessary to ensure that the
property is sufficiently heated from October 1 through April 30 to
prevent the water pipes from freezing, or, in the alternative, shall
cause the water service to the property to be temporarily shut off.
The owner shall be expressly liable to the City for all costs which
the City incurs as a result failure to comply with the provisions
of this section.
(2)
The property must contain a posting with the name and twenty-four-hour
contact telephone number of the local individual or property management
company responsible for the maintenance. This sign must be posted
on the front of the property so that it is clearly visible from the
street.
(3)
Adherence to this section does not relieve the owner of any applicable
obligations set forth in the Fall River Code of Ordinances, regulations
promulgated thereto or promulgated pursuant to the General Laws of
the commonwealth, covenant conditions and restrictions and/or homeowners'
association rules and regulations.
E.
Inspections. The Inspectional Services Division shall have the authority
and the duty to inspect properties subject to this section for compliance
and to issue citations for any violations. The Inspectional Services
Division shall have the discretion to determine when and how such
inspections are to be made, provided that their policies are reasonably
calculated to ensure that this section is enforced.
F.
Enforcement; violations and penalties.
(1)
Failure to initially register with the Director is punishable by
a fine of $300.
(2)
Failure to properly identify the name of a local individual or local
property management company is punishable by a fine of $300.
(3)
Failure to maintain the property is punishable by a fine of $300
for each week the property is not maintained.
G.
Appeals. Any person aggrieved by the requirements of this section
may seek an administrative appeal to the Inspectional Services Division.
Any person aggrieved by a final decision issued under this section
by the Inspectional Services Division may seek relief in any court
of competent jurisdiction as provided by the laws of the commonwealth.
H.
Conflicts. If any provision of this section 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 section shall control.
I.
Regulatory authority. The Director of the Inspectional Services Division
has the authority to promulgate rules and regulations necessary to
implement and enforce this section.
J.
Severability. If any provision of this section is held invalid by
a court of competent jurisdiction, then such provision shall be considered
separately and apart from the remaining provisions, which shall remain
in full force and effect.
K.
When effective; implementation. The provisions of this section 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 of this section.
L.
Notice. A copy of this section is to be mailed to all owners of residential
property located in the City of Fall River. In addition, a copy of
this section 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 Fall River. The failure of an owner, loan institutions, banks,
real estate offices, and management companies to receive said notice
shall not adversely affect the enforcement of this section.
