[HISTORY: Adopted by the Town of Greenfield 12-17-2014 by Order No. FY 15-075 (Ch. 431 of the 2002 Bylaws). Amendments noted where applicable.]
GENERAL REFERENCES
Demolition delay — See Ch. 241.
Pursuant to the general powers granted to cities and towns by
Article 89 of the Amendments to the Massachusetts Constitution, and
the specific powers granted by MGL c. 139, §§ 1 through
3A, this chapter is adopted to help protect the health, safety, and
welfare of the citizens of Greenfield by preventing blight, protecting
property values and neighborhood integrity, protecting the Town's
resources, avoiding the creation and maintenance of nuisances and
ensuring the safety and sanitary maintenance of all buildings and
structures. Inadequately maintained residential or commercial/business
buildings are at an increased risk for fire, unlawful entry, or other
public health and safety hazards. This chapter will help secure the
welfare of the Town's residents and neighborhoods by requiring all
property owners, including lenders, trustees and service companies
and the like, to register and properly maintain their respective properties.
As used in this chapter, the following terms shall have the
meanings indicated:
An enclosed structure, either a principal building or shed,
garage, stable, greenhouse, or other accessory building.
A condition of decay or partial ruin by reason of neglect,
misuse, or deterioration. The term includes, but is not limited to:
Property having deteriorated or ineffective waterproofing of
exterior walls, roofs, foundations or floors, including broken or
inadequately secured windows or doors.
Personal property that is broken, rusted, worn, partially or
wholly dismantled or otherwise due to deterioration is unsuitable
for the purpose for which designed.
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.
A condition likely to expose persons to injury or negative
health impacts, or property to damage, loss or destruction, including
but not limited to burned structures not otherwise lawfully habitable
or usable, dilapidated real or personal property, and/or dangerous
or unsafe structures or personal property.
Taking any of the following actions:
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 who alone or jointly or severally with others:
Has legal title to any building, structure or property pursuant
to this chapter; or
Has care, charge, or control of any such building, structure
or property in any capacity, including but not limited to as agent,
executor, executrix, administrator, administratrix, trustee, guardian
or conservator of the estate of the holder of legal title; or as life
tenant; or
Is a lessee under a written lease agreement; or
Has a mortgage in possession; or
Is an agent, trustee or other person appointed by the courts.
Any property not currently legally occupied and not properly
maintained or secured.
A.
All owners must register vacant and/or foreclosing properties with
the Inspector of Buildings on forms provided by the Building Inspector.
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 c. 156D, § 5.02, and
950 CMR 113.20. The mailing address shall not be a 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 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, telephone
number, and local mailing address. The mailing address shall 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. If the Building Inspector determines that
the property is vacant and that foreclosure proceedings have not been
initiated, the registration must be received within 14 days of the
Building Inspector's first citation for improper maintenance.
B.
All property registrations are valid for one calendar year. A one-time
registration fee of $25 must accompany the registration form. Subsequent
annual registrations 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 Inspector.
A.
Owners
of vacant and foreclosing properties must fulfill the following minimum
adequate maintenance requirements for any such property they own:
(1)
Properties subject to this chapter 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;
(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 door of the property.
(3)
Secure vacant and foreclosing properties subject to this chapter
to prevent unauthorized entry and exposure to the elements.
(4)
Maintain vacant and foreclosing properties subject to this chapter
in a manner that ensures their external/visible maintenance, including,
but not limited to, the maintenance of major systems, the removal
of trash and debris, and the upkeep of lawns, shrubbery, and other
landscape features.
(5)
Repair or replace broken windows or doors within 30 days.
B.
Compliance with this section shall not relieve the owner of any applicable
obligations set forth in any other codes, regulations, covenant conditions
or restrictions, and/or homeowners' or condominium association rules
and regulations.
A.
Enforcement. This chapter shall be enforced by the Building Inspector.
The Building Inspector shall have the authority and the duty to inspect
properties subject to this chapter for compliance and to issue citations
for any violations.
B.
Penalties.
(1)
Failure to initially register with the Inspector of Buildings is
punishable by a fine of $300.
(2)
If applicable, failure to properly identify the name of the 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.
C.
Appeal. Any person aggrieved by the requirements of this section
may seek an administrative appeal to the Building Inspector. Any person
aggrieved by a final decision issued under this section by the Building
Inspector may seek relief in any court of competent jurisdiction as
provided by the laws of the Commonwealth of Massachusetts.
D.
Applicability. If any provision of this chapter 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 chapter shall control.
E.
Regulatory authority. The Building Inspector has the authority necessary
to implement and enforce this section.
