[HISTORY: Adopted by the Town Meeting of the Town of Plympton
as indicated in article histories. Amendments noted where applicable.]
[Adopted 6-17-2020 ATM
by Art. 27]
As used in this bylaw, the following terms shall have the meanings
indicated:
A building code created by the International Code Council.
It is a model code adopted by many state and municipal governments
in the United States for the establishment of minimum design and construction
requirements for energy efficiency. The baseline energy conservation
requirements of the MA State Building Code will default to IECC 2015
and MA amendments.
Codified by the Board of Building Regulations and Standards
as 780 CMR Appendix 115.AA, the Stretch Energy Code is the International
Energy Conservation Code (IECC) 2015 with amendments contained herein.
The purpose of 780 CMR 115.AA is to provide a more energy-efficient
alternative to the base energy code applicable to the relevant sections
of the Building Code for new buildings.
This code applies to residential and commercial buildings. Buildings
not included in this scope shall comply with 780 CMR 13 or 34, as
applicable.
A municipality seeking to ensure that construction within its
boundaries is designed and built above the energy-efficiency requirements
of 780 CMR may mandate adherence to this appendix. 780 CMR 115.AA
may be adopted or rescinded by any municipality in the commonwealth
in the manner prescribed by law.
[Adopted 6-17-2020 ATM
by Art. 27]
A.
Unsecured and unmaintained foreclosed properties present a danger
to the safety and health of the public, occupants, abutters, neighbors,
and public safety officers. It is the purpose and intent of this bylaw
to protect and preserve public safety, health, welfare and security,
and the quiet enjoyment of occupants, abutters and neighbors, and
to minimize hazards to public safety personnel inspecting or entering
such properties by:
(1)
Requiring all residential, commercial, and industrial property owners,
including lenders, trustees and service companies, to register and
maintain foreclosed properties with the Town; and
(2)
Regulating the maintenance and security of foreclosed properties
to help prevent blighted and unsecured properties.
B.
The Building Inspector of the Town of Plympton is empowered to enforce
this bylaw.
When used in this bylaw, the following terms shall have the
following meanings, unless a contrary intention clearly appears:
Consecutive calendar days.
A residential, commercial or industrial 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.
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.
The Building Inspector of the Town of Plympton or his/her
designee.
Within 20 miles of the property in question.
The creditor, including but not limited to service companies,
lenders in a mortgage agreement, 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, trustee or nominee,
property manager or real estate broker who alone or severally with
others has legal or equitable title to any property or has care, charge
or control of any property in any capacity, including but not limited
to agent, executor, executrix, administrator, administratrix, trustee
or guardian of the estate of the holder of legal title; or 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 any 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/she were the
owner. However, this bylaw 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 owing to the association.
Any residential, commercial or industrial property, or portion
thereof, located in the Town including but not limited to buildings
and structures situated on the property; excepted from this definition
is any and all property owned by the Town, the state, or the federal
government.
Any property that contains one or more units used, intended,
or designed to be occupied for living purposes.
The Town of Plympton.
A residential, commercial or industrial property which has
not been actively used or occupied within the preceding 60 days. This
definition does not include property that is unoccupied while undergoing
renovations, or while undergoing repairs due to fire or other casualty,
or to residential property that is temporarily vacant due to seasonal
absences.
A.
All owners of foreclosed properties shall register such properties
with the Inspector on forms provided by the Inspector within seven
days of the date of foreclosure or within seven days of the effective
date of this bylaw if the property was foreclosed upon prior thereto.
If the owner is an out-of-state corporation, person, or other entity,
the owner shall appoint an in-state agent authorized to accept service
of process and other documents under this bylaw.
(1)
Each registration must state the owner's or agent's name, telephone
number and mailing address located within the Commonwealth of Massachusetts,
including name of owner, street number, street name, city or town,
and zip code; the mailing address shall not be a post office box.
(2)
Each registration must also certify that the property has been inspected
by the owner and must identify whether the property is vacant. Each
registration must designate a property manager, who shall be a local
individual or local property management company responsible for the
maintenance and security of the property. This designation must state
the individual's or company's name, direct telephone number, and local
mailing address; the mailing addresses shall not be a post office
box. The property manager shall be available 24 hours per day, every
day, by telephone and/or electronic mail notification, and shall respond
to all notifications from the Inspector to secure, maintain, inspect
or repair the property within 24 hours.
B.
All property registrations pursuant to this section are valid for
one calendar year from the date when the registration is received
by the Inspector. Registrations may be renewed for a subsequent year
on application submitted at least 30 days prior to expiration. A registration
fee of $100 must accompany the application for registration and each
renewal. Subsequent registrations must certify whether the property
remains in foreclosure.
C.
Any owner that has registered a property under this section must
report any change in information contained in the registration within
10 days of the change.
D.
Once the property is sold, the owner shall provide the Inspector
with written proof of sale.
A.
Properties subject to this bylaw must be maintained in accordance
with this bylaw, the State Building Code, sanitary code, Town bylaws
and regulations and all other applicable laws. The owner or property
manager must inspect and maintain the property and correct any violations
on at least a monthly basis for as long as the property is vacant.
B.
The owner or property manager shall maintain properties subject to
this bylaw in a clean, safe and sanitary condition, including but
not limited to maintaining and keeping in good repair any building(s),
structure(s), and improvements, the removal of trash and debris, and
the regular mowing of lawns, pruning and/or trimming of trees and
shrubbery, and upkeep of other landscape features.
C.
The owner or property manager shall repair or replace broken windows
or doors within 30 days of breakage. Boarding up doors and windows
is prohibited except as a temporary measure for no longer than 30
days.
D.
In accordance with state law, including but not limited to MGL c.
143, §§ 6 through 10 and the State Building Code, property
that is vacant must be safe and must be secured from exposure to the
elements and so as not to be accessible to unauthorized persons.
E.
Compliance with this section does not relieve the owner of any applicable
obligations set forth in regulations, covenant conditions and restrictions,
and/or homeowners' association rules and regulations.
Pursuant to the State Building Code, the Inspector 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 Inspector 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 is enforced. Except in the case of emergency,
the Inspector or his/her designee will obtain the consent of the owner,
occupant or property manager or an administrative search warrant prior
to entering any areas not open to the public.
A.
In addition to any other means of enforcement available to the Inspector, the Inspector may enforce this bylaw by means of noncriminal enforcement pursuant to MGL c. 40, § 21D and Chapter 1, Article II, of the Town's General Bylaws. The following penalties are established for purposes of said noncriminal disposition:
B.
The penalties provided in this section shall not be construed to
restrict the Town from pursuing other legal remedies available to
the Town. Where a specific penalty is not specified for a violation
of this bylaw, the violation shall be subject to a fine of $300.
C.
Each day or portion thereof that a violation exists shall constitute
a separate offense. If more than one, each condition violated shall
constitute a separate offense.
D.
Any fee or penalty not paid by its due date shall be subject to the
municipal charges lien pursuant to MGL c. 40, § 58.
Any persons aggrieved by the requirements of this bylaw or by
a decision issued hereunder may seek relief in any court of competent
jurisdiction as provided by the laws of the commonwealth.
A.
This bylaw is intended to further the objectives of and to act in
concert with any existing federal, state, or local laws concerning
the maintenance of property and the abatement of nuisances, and nothing
herein shall be deemed to limit or restrict Town officials whatsoever
from acting in accordance with such laws.
B.
If any provisions of this bylaw impose greater restrictions or obligations
than those imposed by any general law, special law, regulation, rule,
ordinance, order or policy, then the provisions of this bylaw shall
control.
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.
