When used in this bylaw, the following terms shall have the
following meanings, unless a contrary intention clearly appears:
ABANDONED
A residential property which is not being used or occupied
as a residence despite containing a residential building. "Abandoned"
does not include a residential building that is unoccupied while undergoing
renovations, or while undergoing repairs due to fire or other casualty.
"Abandoned" does not apply to accessory buildings or structures on
the premises nor does it apply to residential property that is temporarily
vacant due to seasonal absences.
COMMISSIONER
The Building Commissioner of the Town of Bellingham or a
designee authorized to enforce the terms of this bylaw.
DAYS
Consecutive calendar days.
FORECLOSED
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.
LOCAL
Within 20 miles of the property in question.
MORTGAGEE
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 relevant
mortgage agreement.
PROPERTY
Any real, residential property or portion thereof, located
in the Town of Bellingham, including but not limited to buildings
and structures situated on such property.
RESIDENTIAL PROPERTY
Any property that contains one or more dwelling units used,
intended, or designed to be occupied for living purposes.
TOWN
The Town of Bellingham.
Pursuant to the State Building Code, the Commissioner or his/her
designee shall have the authority and the duty to inspect properties
subject to this bylaw for compliance with this bylaw and to issue
citations for any violations. The Commissioner or his/her designee
shall have the discretion to determine when and how such inspections
are to be made, provided such determination is reasonably calculated
to ensure that this bylaw and the State Building Code are enforced.
In addition to any other means of enforcement available to the
Commissioner, the Commissioner or a designee hereunder may enforce
this bylaw by means of noncriminal enforcement pursuant to MGL c.
40, § 21D. The following penalties are established for purposes
of said noncriminal disposition:
A. A failure to initially register with the Commissioner pursuant to §
140-3: $300.
B. A failure to properly designate the name of the local individual or local property management company responsible for the maintenance and the security of the property pursuant to §
140-3: $300 for each violation, and a like penalty for each day's continuation of such violation.
C. A failure to maintain and/or to secure the property pursuant to §
140-4: $300 for each week during which the property is not maintained and/or not secured.
D. The penalties provided in this section shall not be construed to
restrict the Town from pursuing other legal remedies available to
the Town. Violation of this bylaw shall be subject to a fine not to
exceed $300 for each violation; each day shall be considered a new
violation, except as may be otherwise stated herein.
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, to the extent feasible.