[HISTORY: Adopted by the Town Meeting of the Town of Avon
as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 255.
[Adopted 5-7-2019 ATM by Art. 8]
Any building other than a residential structure containing five
or fewer dwelling units having a fire alarm system or other fire protection
system shall provide a secure key box installed at a location accessible
to members of the Fire Department in the event of an emergency. The
secure key box shall contain keys to the fire alarm control panels
and any other keys as may be necessary to operate or service any fire
protection system or devices. Electrically operated gates shall be
equipped with an over-ride switch. The secure key box and over-ride
switch shall be of a type approved by the Fire Chief and shall be
located and installed as approved by the Fire Chief. Multiple secure
key boxes or over-ride switches may be required by the Fire Chief.
A.
Any owner
or other person having control of a building who after receiving instructions
concerning such installation from the Fire Chief shall fail within
30 days to provide such a secure key box or over-ride switch shall
be subject to a penalty that shall be posted with the Town Clerk for
each day on which such violation shall continue.
B.
Noncriminal
disposition. Any person found in violation of this article by any
police officer, or the Chief of the Fire Department, or the officer
in charge of any shift in the Fire Department, may be cited by such
person for such offense pursuant to the noncriminal disposition provisions
of these bylaws.[1] The penalty for each offense, so cited, shall be posted
with the Town Clerk. Each day on which a violation exists shall be
deemed to be a separate, distinct offense.
[Adopted 5-7-2019 ATM by Art. 8]
A.
Abandoned and dilapidated buildings encourage blighted and unsecured
properties; cause the surrounding neighborhood to suffer from stagnant
or declining real estate values; and create significant maintenance
and monitoring costs to the Town of Avon.
B.
Accordingly, it is the intent of this bylaw to protect public health,
public safety, security, general welfare and quiet enjoyment of occupants,
abutters, and neighborhoods by requiring the registration of all abandoned
and dilapidated buildings, as defined herein, and, by doing so, expedite
the prompt rehabilitation and permanent occupancy of such buildings.
As used in this bylaw, the following terms shall have the meanings
indicated:
Any residential, commercial or industrial building that is
abandoned or where the owner, by his or her action or inaction, has
failed to correct a material health and/or safety condition at or
in the building or surrounding premises. Evidence that a building
may be abandoned and/or dilapidated includes, but is not limited to:
Where a building is vacant for a length of time that is inconsistent
with its use as·a residential, commercial or industrial building;
or
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/or neighborhoods; or
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
Where the structural vandalism of a building remains unrepaired;
or
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; or
Where there is no or inadequate response to requests from officials
of the Town of Avon for verification of ownership and/or to orders
to repair to property for more than 30 days after issuance of such
requests and/or orders; or
Where a building shows signs of decay, strewn trash, deterioration,
or full or partial ruination through neglect or misuse; or
Where any condition(s) independently, or in the context of the
totality of circumstances, would lead a reasonable person to believe
that a building is vacant and/or occupied by a person without a legal
right of occupancy. Such conditions include, but are not limited to:
Overgrown grass (one foot or higher) or noticeable amounts of
dead vegetation;
Accumulation of unclaimed newspapers, circulars, flyers or mail;
Past-due utility notices or disconnected utilities;
Accumulation of trash, junk or debris;
The absence of window coverings such as curtains, blinds or
shutters;
The absence of furnishings or personal items consistent with
residential habitation;
A swimming pool in such disrepair that a dangerous condition
may exist; and/or
Documented and confirmed reports by neighbors, passersby, delivery
agents, government employees that the building is vacant.
The Select Board of the Town of Avon.
[Amended 1-28-2023 STM by Art. 9]
The Building Inspector of the Town of Avon or his or her
designee.
Every person, entity, service company, property manager or
realtor, who, alone or severally with others:
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
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
Is a mortgagee in possession of a building and/or premises;
or
Is an agent, trustee, or other person appointed by the court
and vested with possession or control of a building and/or premises;
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 this bylaw as if he or she were the owner); or
Operates a rooming house; or
Is a trustee who holds, owns, or controls mortgage loans or
mortgage-backed securities transactions and has initiated foreclosure
proceedings.
Any unimproved or improved real property, or portion thereof,
including but not limited to buildings or structures located on said
property, regardless of condition.
A.
Within 45 days of a written notice being given by the Building Inspector
or his or her designee that a building is an abandoned and/or dilapidated
building, the owner of such building shall register said building
with the Avon Police Department, Avon Fire Department, Avon Building
Department and Avon Health Department by providing each department,
on a form to be provided by each such department, the name, address,
and telephone number of the owner of the building, the street address
of the building, and the map, block and parcel number of such building.
If the owner does not have a primary residence in the Commonwealth
of Massachusetts or if the owner is a foreign legal entity, then the
registration form shall also include the name, address and telephone
number of a person who resides within the Commonwealth of Massachusetts
and is authorized to accept service of process on behalf of the owner
and who shall be designated as the owner's agent for purpose of receiving
all notices issued pursuant to this bylaw.
B.
Failure to register an abandoned and/or dilapidated building shall
be a violation of this bylaw. The owner of record shall notify each
such department, as referred to above, about any changes in ownership
of an abandoned and/or dilapidated building subsequent to registration.
A.
On or before October 15 of each calendar year, the Town of Avon shall
send a billing statement, setting forth the annual registration fee,
to the owner of the abandoned and/or dilapidated building. The annual
registration fee shall be set by the Select Board pursuant to MGL
c. 40, § 22F.
[Amended 1-28-2023 STM by Art. 9]
B.
On or before November 15 of each calendar year, the owner of any
abandoned and/or dilapidated building shall pay to the Town of Avon
an annual registration fee to cover the administrative cost of monitoring
and ensuring the security and proper maintenance of such building,
as set forth in said billing statement. Failure to pay the annual
registration fee shall be a violation of this bylaw, and the full
fee shall be deemed an assessment resulting from a violation of this
bylaw. Such fee, and any fines issued for violations of this bylaw,
shall constitute a "municipal charges lien" on the property on which
the abandoned and/or dilapidated building is located, to be collected
in accordance with MGL c. 40, § 58.
The owner, as that term is defined herein, shall secure buildings
subject to registration pursuant to this bylaw in such a manner as
to prevent access by unauthorized persons, including but not limited
to the following:
A.
Closing
and locking of windows, doors (walk-through, sliding and garage),
gates, swimming pools and any other opening of such size that it may
allow a child to access the interior of the building;
B.
Reglazing
or boarding of any broken window; and
C.
If directed
to do so by the Town of Avon, implementing additional maintenance
and/or security measures, including installing additional security
lighting, increasing the frequency of on-site inspections, employing
an on-site security guard(s), disconnecting utilities and removing
meter boxes, or implementing other measures as may be required to
stop the structural decline of the abandoned and/or dilapidated building
and prevent unauthorized entry.
A.
If the owner is a corporation and/or does not reside within the Commonwealth
of Massachusetts, inspections of the abandoned and/or dilapidated
building shall be periodically performed by or on behalf of said owner
to verify that the requirements of this bylaw and any other applicable
laws are being complied with.
B.
The abandoned and/or dilapidated building shall have signage posted,
identifying in clear and conspicuous font the name and twenty-four-hour
contact phone number of the owner and/or the duly authorized agent
of the owner.
(1)
The posted sign shall be no less than 18 inches by 24 inches and
shall be legible from a distance of 45 feet.
(2)
The posted sign shall contain the words:
|
"THIS PROPERTY MANAGED BY [add name of Owner or Agent]" and
"TO REPORT PROBLEMS OR CONCERNS PLEASE CALL [add 24-hour contact phone
number]"
|
(3)
The posted sign shall be placed on the interior of a window of the
abandoned and/or dilapidated building that faces the main street or
be secured to the front exterior of the building facing the main street
or, if no such area exists, on a stake of sufficient size to support
the posting in a location that is visible from the main street but
not readily accessible to vandals. Exterior posting must be constructed
of and printed with weather-resistant materials.
C.
The Building Inspector, Police Chief, Fire Chief and the Health Agent,
or their designees, shall have the authority to periodically inspect
the exterior and interior of any building subject to this bylaw for
compliance. The Building Inspector shall have the discretionary authority
to disconnect utilities immediately if a potential hazard is apparent
that may be dangerous to life and limb.
[Amended 1-28-2023 STM by Art. 9]
Any person aggrieved by the requirements of this bylaw may appeal
such requirements in writing to the Select Board. If said administrative
appeal involves a registration fee, said administrative appeal shall
be made no later than 15 calendar days after the receipt of the billing
statement. The appeal request must be accompanied by a nonrefundable
appeal cost to be set by the Select Board pursuant to MGL c. 40, § 22F.
Upon the proper filing of an appeal, payment of the registration fee
shall be stayed pending the outcome of the appeal. If, upon appeal
of a registration fee, the decision of the Select Board is adverse
to the owner, the payment of the registration fee shall be due within
10 calendar days of such decision.
The provisions of this bylaw are in addition to, and not in lieu of, any and all other applicable provisions of the General Bylaws of the Town of Avon or any provisions of Chapter 255, Zoning, of the Town Code or any applicable regulations and laws of the Commonwealth of Massachusetts and/or the Town of Avon.
A violation of this bylaw shall be subject to a fine of $300
per offense, and each day that the violation is outstanding shall
constitute a separate offense. The Building Inspector and/or his or
her designee shall have the right to enforce this bylaw pursuant to
noncriminal disposition procedures. This bylaw shall not supersede,
preempt or negate any individual department's statutory authority
to act independently on such matters.
If any provision of this bylaw is held to be 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.
A copy of this Bylaw shall be mailed by the Building Inspector
to all Owners of Abandoned and/or Dilapidated Buildings located in
the Town of Avon.
