[HISTORY: Adopted by the Town of Webster 6-25-2018 STM by Art. 3. Amendments noted where applicable.]
This bylaw is adopted pursuant to MGL c. 40, § 21, and the powers granted to the Town by the State Home Rule Amendment as reasonable regulations designed to protect the health, safety, and welfare of the residents of Webster. As has been proved by examples within the Town of Webster and elsewhere, vacant and foreclosing properties are at greater risk of deterioration, pest infestation, fire, criminal trespass, and resulting public health violations and therefore pose a significant danger to the health, safety, and welfare of Webster citizens and require increased monitoring and inspection by Webster officials with implementing this bylaw, including but not limited to the costs associated with monitoring, inspecting, and when necessary taking legal action and/or remediating such vacant and foreclosing properties.
For purposes of this bylaw the following words used in herein, unless the context otherwise requires, shall have the following meanings:
CODE ENFORCEMENT OFFICIAL
The Health Agent, the Building Inspector, the Fire Chief, the Police Chief or their designee.
DAYS
Consecutive calendar days.
FORECLOSING
The process by which a property, placed as security for a real estate loan, is taken into possession by the lender to satisfy the debt if the borrower defaults.
INITIATION OF THE FORECLOSURE PROCESS
Taking possession of a residential, commercial, industrial, or mixed use property pursuant to MGL c. 244, § 1, publishing a first foreclosure notice of such a property pursuant to MGL c. 244, § 14, or commencing a foreclosure action on such a property in Land Court or Superior Court.
MORTGAGEE
The creditor and/or lender in a mortgage agreement, including but not limited to service companies and any agent, servant or employee of a mortgagee, or any successor-in interest and/or assignee of a mortgagee's rights, interests, or obligations.
OWNER
Every person, trust, partnership, corporation or other entity capable of owning legal or equitable title to real property or capable of possessing legal or equitable interest in real estate or an authorized agent of the person or entity holding legal or equitable interest to real property. This term shall include a mortgagee in possession and any person or entity designated by the owner to have legal control over the property; 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 real property, or portion thereof, located in the Town of Webster, including but not limited to all buildings or structures thereon.
VACANT PROPERTY
Residential, commercial, industrial, or mixed use real property that has not been lawfully occupied and maintained, actively marketed for rental, or under active construction for a continuous period of 45 days or more, or, notwithstanding the foregoing, any residential, commercial, or mixed use property in which more than one-half (1/2) of the exterior windows or doors of a building are broken, boarded, or without a functioning locking mechanism.
A. 
Within 45 days after a property becomes vacant or the initiation of the foreclosure process, whichever is earlier, each owner of such vacant or foreclosing property shall register said property with the a Code Enforcement Official by providing that department, on a form created by the Board, with the status of said property. The owner shall include on said registration form the name, address and telephone number and email address of each owner or designated representative of the property; the street address of the property, and the Assessor's map and lot number for the property; the date in which the property became vacant; the approximate time the building is expected to remain vacant (if applicable); the specific nature of any contents still located in/on the property. Registration shall be accompanied by a registration fee or renewal fee as set forth below. A Code Enforcement Official shall annually issue a Certificate of Building Closure upon payment of the requisite fee and completion of below provisions.
B. 
If none of the owners are at an address within the Commonwealth of Massachusetts, then the registration shall also include the name, address, and telephone number of a person who resides within Massachusetts and is authorized to accept service of process on behalf of the owners, and who shall be designated as a responsible local agent, both for purposes of notification in the event of an emergency affecting public health, safety and welfare and of service of any and all notices issued pursuant to this bylaw and other laws and regulations of the Commonwealth and the Town.
C. 
The failure to register a vacant or foreclosing property in a timely fashion shall be a violation of this bylaw.
D. 
Subsequent to initial registration, it shall be the duty of the owner or agent in charge to notify a Code Enforcement Official of any change in the status of the building or the information provided within 30 days of the occurrence of said change. Once the property is no longer vacant or is sold, the owner or designated representative must provide proof of sale or written notice of occupancy to the Board.
A. 
The following fees are adopted pursuant to MGL c. 40, § 22F, adopted at the May 18, 2009, Webster Annual Town Meeting. Said fees are for the purpose of compensating the Town for the costs of implementing this bylaw, including but not limited to the costs associated with monitoring, inspecting, and when necessary taking legal action and/or remediating vacant and foreclosing properties in the Town.
B. 
Within 45 days after a property becomes vacant or the initiation of the foreclosure process, whichever is earlier, each owner of such vacant or foreclosing property shall, in addition to registering said property, pay to a Code Enforcement Official a registration fee to cover the administrative costs of issuing the Certificate of Building Closure and monitoring such vacant or foreclosing property. Said initial fee paid shall be prorated based on the amounts set forth below to reflect the remaining portion of the initial year in which payment is made (e.g., if the property is registered on July 1 in any year, the fee for that calendar year shall be fifty percent (50%) of the fee set forth below). On or before each December 31 thereafter, each owner of such vacant or foreclosing property shall pay to the Board of Health the applicable annual registration fee, as set forth below, to cover the administrative costs of monitoring such vacant or foreclosing property for the coming year. Payment of such annual registration fees following the initial fee shall not be prorated or subject to partial refund. Said fees are for the purpose of compensating the Town for the costs of implementing this bylaw, including but not limited to the costs associated with monitoring, inspecting, and/or remediating vacant and foreclosing properties in the Town.
C. 
For properties that are less than one-half (1/2) acre in size, the annual registration fee shall be based on the duration of the vacancy as of December 31 of the year in which such fee is due according to the following schedule:
(1) 
Vacant less than one year: two hundred fifty dollars ($250).
(2) 
Vacant one year or more, but less than two years: five hundred dollars ($500).
(3) 
Vacant two years or more, but less than three years: one thousand dollars ($1,000).
(4) 
Vacant three years or more: two thousand dollars ($2,000).
D. 
For properties that are one-half (1/2) acre or more in size, the annual registration fee shall be based on the duration of the vacancy as of December 31 of the year in which such fee is due, in accordance with the following schedule:
(1) 
Vacant less than one year: five hundred dollars ($500).
(2) 
Vacant one year or more, but less than two years: one thousand dollars ($1,000).
(3) 
Vacant two years or more, but less than three years: two thousand dollars ($2,000).
(4) 
Vacant three years or more: three thousand dollars ($3,000).
E. 
A failure to pay the registration fee in a timely manner shall result in a three hundred dollar ($300) fine per day for each failure to register. Said fines may be imposed by the Health Agent or his/her designee via noncriminal disposition under MGL c. 40, § 21D. Additionally, any unpaid registration fee and any associated unpaid fines will be a violation of this bylaw and the full fee and fine may be assessed a lien on the property, as may be permitted under MGL c. 40, § 58, to be collected in accordance with Chapter 59 of the Massachusetts General Laws. In addition, failure to pay said fee could result in the denial, revocation, or suspension of other licenses or permits pursuant to MGL c. 40, § 57, and the Town's "By-law Authorizing Denial or Revocation of Local License or Permit for Nonpayment of Local Taxes, Fees, or Other Charges in the Town of Webster" (adopted at the May 20, 2002, Webster Annual Town Meeting).
[Amended 5-13-2019 ATM by Art. 14]
On or before November 15 of each calendar year, a Code Enforcement Official shall send a billing statement, setting forth the required registration fee to each registered owner of a vacant or foreclosing property. Notwithstanding the foregoing, the registration fee set forth in § 515-4 above shall be due and payable on or before December 31 of each year.
Any owner assessed a registration fee under this bylaw shall have the right to appeal the imposition of such fee to the Webster Town Administrator upon the filing of an application in writing no later than 15 days after mailing of the billing statement under appeal. The appeal request shall be accompanied by a non-refundable fifty dollar ($50) filing fee. Such an appeal shall be limited solely to the issues of whether the property is vacant or foreclosing, how long the property has been vacant or foreclosing, and the size of the property. The owner shall have the burden of proof on appeal. Upon the proper filing of an appeal, payment of the registration fee shall be stayed pending the outcome on appeal. If the decision is adverse to the owner, the payment shall be due within 10 calendar days after issuance of the decision of the Town Administrator.
A. 
Properties subject to this bylaw shall be maintained in accordance with the relevant sanitary codes, building codes, and state and local laws, bylaws and regulations. The owner or designated agent shall inspect and maintain the property on a monthly basis for the duration of the vacancy, said maintenance to include timely mowing of lawns and other vegetation control, pest control, protection from criminal trespass, and prevention of deterioration.
B. 
All vacant property must be locked and/or otherwise adequately secured (including but not limited to the repair and/or boarding up of any broken doors and windows) so as to prevent unauthorized access into a building.
C. 
The name and twenty-four-hour contact phone number of the local individual or entity responsible for maintenance shall be affixed to the property. This sign shall be posted on the front of the property.
D. 
Adherence to this bylaw shall not relieve the owner of any other applicable obligations. The provisions of this bylaw are in addition to, and not in lieu of, any and all other applicable federal, state, and local laws and regulations.
E. 
A Code Enforcement Official shall issue a Certificate of Building Closure upon payment of the requisite registration application fee and adequate completion of above provisions. The Certificate of Compliance will be subject to continued compliance with the above provisions and shall be valid for one year. Said certificate may be renewed, at the discretion of the Board, subject to re-inspection to confirm continued compliance with this Regulation and the payment of the appropriate renewal fee as set forth above.
F. 
In addition to the remedies provided herein, the failure to maintain and secure vacant and foreclosing properties adequately may result in direct action by the Town in accordance with MGL c. 111, §§ 122 through 125A, 127A through 127I, 129, 130 and 131; MGL c. 139, §§ 1 through 3B; MGL c. 143, §§ 6 through 14; MGL c. 148, § 5, and other applicable provisions of law and regulation, such actions including but not limited the following: removal, abatement, destruction, and/or prevention of conditions deemed to constitute nuisances, sources of filth or causes of sickness; demolition, removal, repair, and/or cleaning of any structure which fails to comply with standards of fitness for human habitation or other applicable laws or regulations so as to endanger or materially impair the health or well-being of the public; and, obtaining court-ordered warrants, injunctive relief, and orders of abatement. In accordance with applicable law and regulation, all costs incurred by the Town in taking such action shall constitute a debt to the Town and a lien upon the property in question.
A. 
A Code Enforcement Official or its designees shall have the authority to inspect properties subject to this bylaw for compliance and to issue citations for any violations. The Board or its designees shall have the discretion to determine when and how such inspections are to be made, provided that such policies are reasonably calculated to ensure that this chapter is enforced.
B. 
Any person or entity violating this bylaw may be penalized by a noncriminal disposition process as provided in M.G.L. c. 40, § 21D and the Town's noncriminal disposition bylaw. If noncriminal disposition is elected, such person or entity shall be subject to a fine of up to three hundred dollars ($300) for each offense. Each day a violation exists shall constitute a separate offense. Such fine or penalties shall be in addition to and not in lieu of any other fines, penalties, or remedies provided in applicable state and local law, bylaw and/or regulation for violation of such laws, bylaws and/or regulations. A Code Enforcement Official shall have the right to enforce this bylaw pursuant to the noncriminal disposition procedures set forth in the Webster Noncriminal Disposition Bylaw and MGL c. 40, § 21(D).
C. 
A Code Enforcement Official may further enforce this regulation or enjoin violations of this bylaw through any lawful process, and the election of one remedy shall not preclude enforcement through any other lawful means.
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.
B. 
Nothing in this bylaw is intended to limit or restrict the authority of the Board of Selectmen, the Board of Health, the Building Commissioner, Conservation Commission, the Fire Chief, or any other board, commission or officer of the Town to act in accordance with federal, state and local laws within their jurisdiction.
C. 
Notwithstanding the issuance of a Certificate of Building Closure, the Town expressly reserves the right to take any action deemed necessary for the protection or public health and safety, including but not limited to issuance of an order of demolition in accordance with applicable law.
If any section, provision, paragraph, sentence, or clause of this bylaw is declared invalid or unenforceable, the other provisions herein shall not be affected, but shall continue in full force and effect.