[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:
INTERNATIONAL ENERGY CONSERVATION CODE (IECC) 2015
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.
STRETCH ENERGY CODE
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the energy-efficiency requirements of 780 CMR may mandate adherence to this appendix. 780 CMR 115.AA may be adopted or rescinded by any municipality in the commonwealth in the manner prescribed by law.
A. 
The Stretch Code, as codified by the Board of Building Regulations and Standards as 780 CMR Appendix 115.AA, including any amendments or modifications, is herein incorporated by reference into the Town of Plympton Municipal Bylaws, Chapter 120, Article I.
B. 
The Stretch Code is enforceable by the Building Inspector.
[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:
DAYS
Consecutive calendar days.
FORECLOSED
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.
FORECLOSING
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.
INSPECTOR
The Building Inspector of the Town of Plympton or his/her designee.
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 and/or assignee of the mortgagee's rights, interests or obligations under the mortgage agreement.
OWNER
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.
PROPERTY
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.
RESIDENTIAL PROPERTY
Any property that contains one or more units used, intended, or designed to be occupied for living purposes.
TOWN
The Town of Plympton.
VACANT
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:
(1) 
A failure to initially register with the Inspector pursuant to § 120-8: $300.
(2) 
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 § 120-8: $300.
(3) 
A failure to maintain and/or to secure the property pursuant to § 120-9: $300.
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.