Definitions.
ABANDONED AND/OR DILAPIDATED BUILDING
Any residential, commercial or industrial building and/or
premises, where the Owner, by his or her action or inaction, has failed
to correct a material health and/or safety condition at the building
or premises or on the surrounding Property. A material health and/or
safety condition may be found where the health, safety and welfare
of the neighborhood is or may be at risk, such as:
(1)
Where a building is vacant for a length of time that is inconsistent
with its use as a residential, commercial or industrial building and/or
premises (the state of being vacant is not necessarily to be considered
a prerequisite to a finding of Abandonment and/or Dilapidation); or
(2)
Where there exists a lack of maintenance and/or a deterioration
of a building or grounds which actually or potentially poses a risk
to the public health, public safety, security, general welfare and
quiet enjoyment of occupants, abutters, and neighborhoods; or
(3)
Where a building is not safe and/or structurally sound or where
the building or its interior is otherwise unfit for healthy or safe
habitation or access; or
(4)
Where the structural vandalism of a building or grounds has
gone unrepaired; or
(5)
Where a lack of maintenance or use and/or a deterioration of
the building and/or premises promotes a degradation of the surrounding
neighborhood affecting the public health, public safety, security,
general welfare and quiet enjoyment of occupants, and abutters.
ABANDONMENT
A building in the state of Abandonment is one (1) which shows
Evidence of Abandonment as defined below and is vacant or occupied
by a person without a legal right of occupancy, and may be subject
to a current Notice of Default and/or Notice of Trustee's Sale,
pending Tax Assessors Lien Sale, and/or part of any real Property
conveyed via a Foreclosure sale resulting in the acquisition of title
by an interested beneficiary of a deed of trust, and/or part of any
real Property conveyed via a deed in lieu of Foreclosure/sale. Indicia
of Abandonment shall include without limitation no or inadequate response
to requests from officials of the Town of Randolph for verification
of ownership and/or to orders to repair to such Property for more
than thirty (30) days after issuance of such requests and/or orders.
CODE MANAGEMENT TASK FORCE
Pursuant to Chapter
61, Section 61-9 of the General Ordinances, the Code Management Task Force ("CMTF") coordinates the
activities of various agencies involved in the enforcement of laws,
ordinances, and regulations adopted to protect and promote the public
health, public safety, security, general welfare and quiet enjoyment
of the residents of the Town of Randolph.
DILAPIDATED
A Dilapidated building is one which shows signs of decay,
strewn trash, deterioration, or full or partial ruination through
neglect or misuse.
EVIDENCE OF ABANDONMENT
Any building and/or premise condition(s) that independently,
or in the context of the totality of circumstances would lead a reasonable
person to believe that a building is vacant or occupied by a person
without a legal right of occupancy. Such conditions include but are
not limited to: (1) overgrown grass [one (1) ft or higher] or noticeable
amounts of dead vegetation; (2) accumulation of unclaimed newspapers,
circulars, flyers or mail; (3) past due utility notices or disconnected
utilities; (4) accumulation of trash, junk or debris; (5) the absence
of window coverings such as curtains, blinds or shutters; (6) the
absence of furnishings or personal items consistent with residential
habitation; (7) a swimming pool in such disrepair that a dangerous
condition may exist; and/or (8) reports by neighbors, passersby, delivery
agents, government employees that the building is vacant.
FORECLOSURE
The process by which Property, used as security for a real
estate loan, is prepared for sale to satisfy the debt if the borrower
defaults.
NEIGHBORHOOD STANDARD
The condition of buildings and premises that prevails in
and throughout the neighborhood where an Abandoned and/or Dilapidated
Building is located. No Abandoned and/or Dilapidated Building shall
be considered in determining this standard.
OWNER
Every person, entity, service company, Property manager or
realtor, who alone or severally with others: (1) has legal or equitable
title to any building, dwelling, dwelling unit, mobile dwelling unit,
or parcel of land, vacant or otherwise, including a mobile home park;
or (2) has care, charge or control of any building, 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; or (3) is a mortgagee in possession of
a building and/or premises; or (4) is an agent, trustee, or other
person appointed by the court and vested with possession or control
of a building and/or premises; or (5) 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 this ordinance as if he
were the Owner); or (6) operates a rooming house; or (7) is a trustee
who holds, owns, or controls mortgage loans or mortgage-backed securities
transactions and has initiated Foreclosure. The Owner, as defined
herein, may also be referred to as the "Responsible Person" in this
chapter.
PROPERTY
Any unimproved or improved real Property, or portion thereof,
including but not limited to buildings or structures located on said
Property, regardless of condition.
THIS SECTION or ORDINANCE
Section
83-2 of Chapter
83 of the Town of Randolph's General ordinances, entitled, "REGULATING THE SECURITY AND MAINTENANCE OF ABANDONED AND/OR DILAPIDATED BUILDINGS WITHIN THE TOWN OF RANDOLPH."