When used in this chapter, unless a contrary intention clearly
appears, the following terms shall have the following meanings:
BLIGHTED PREMISES
Any building, structure, parcel of land, or any part of a
building or structure that is a separate unit, whether commercial
or residential, whether occupied or unoccupied, whether in foreclosure
or not, in which at least one of the following conditions exists:
A.
The premises is not being adequately maintained and secured
as documented by the Enforcement Officer (as the term is defined herein)
based upon, without limitation, the following factors: missing or
boarded windows or doors; collapsing or missing walls, roof or floor;
siding that is seriously damaged or missing; fire damage; a foundation
that is structurally faulty; accumulation of interior furniture outside;
garbage, trash, junk; hazardous materials; unmaintained pools or other
sources of stagnant water; inoperable cars, boats, motorcycles or
other inoperable machinery; or other refuse (unless otherwise licensed
to do so).
B.
It has been cited for violations as documented by the Building
Commissioner, the Inspector of Buildings, the Director of Public Health,
the Sanitarian, the Chief of Police, the Fire Chief and/or their designated
agents, and said violations have not been corrected.
C.
It is attracting illegal activity as documented by the Police
Department and/or an appropriate agent or department of the Town of
Agawam.
D.
It is a fire hazard as documented by the Fire Department.
E.
Because of fire, wind or other natural disaster, or because
of physical deterioration, it is no longer habitable as a dwelling
or useful for the purpose for which the completed structure was originally
intended;
F.
It is a vacant building as defined hereunder; or
G.
It is determined by the, Building Commissioner, the Inspector
of Buildings, the Director of Public Health, or the Sanitarian that
the building, structure or parcel of land is in a condition which
poses a serious threat to safety, health, morals, and general welfare
of the Town of Agawam.
BUILDING
An independent structure having a roof supported by columns
or walls, resting on its own foundations and designed for shelter,
housing or enclosure of persons, animals or property of any kind.
ENFORCEMENT OFFICER
The Inspector of Buildings, Director of Public Health, the
Sanitarian, Police Chief, Fire Chief and/or their designated agents.
FORECLOSING
The process by which a property placed as a security for
a real estate loan is prepared for sale to satisfy the debt if the
borrower defaults.
INITIATION OF THE FORECLOSURE PROCESS
Taking any of the following actions:
A.
Taking possession of a residential property pursuant to M.G.L.
c. 244, § 1;
B.
Publishing the first notice of a residential property pursuant
to M.G.L. c. 244, § 14; or
C.
Commencing a foreclosure action on a residential property in
either the Land Court or Hampden Superior Court.
LOCAL AGENT
An agent located within 20 driving miles' distance of
the property in question.
MORTGAGEE
The creditor, including but not limited to service companies,
lenders in a mortgage agreement and any agent, servant, or employee
of the mortgagee, or any successor in interest and/or assignee of
the mortgagee's rights, interests, or obligations under the mortgage
agreement.
OWNER
Any individual, business entity, voluntary association or
nonprofit organization, which alone or jointly or severally with others:
A.
Has legal title to any building, structure, and property.
B.
Has care, charge, or control of any such building, structure
or 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.
C.
Is a lessee under a written agreement; or
D.
Is a mortgagee in possession of any such property; or
E.
Is an agent, trustee, or other person appointed by the courts
and vested with possession or control of such building, structure
or property.
F.
Is a trustee who holds, owns or controls mortgage loans for
mortgage-backed securities transactions and has initiated the foreclosure
process.
PROPERTY
Any real residential, commercial, or industrial property
or portion thereof, located in the Town of Agawam, including buildings
or structures situated on the property. For purposes of this chapter,
"property" does not include property owned or subject to the control
of the Town of Agawam or any of its governmental bodies.
RECEIVER
A court-appointed individual who serves as a general contractor
and whose duties and powers shall be specified by the court in accordance
with the provisions of M.G.L. c. 111, § 127I.
SECURING
Measures that are taken to prevent unauthorized persons access
to the property, including but not limited to erecting fencing around
the property, boarding up doors and windows and the like.
VACANT BUILDING
Any commercial or industrial building in which no person
or entity actually conducts a lawfully licensed business in said building;
or any residential building in which no person lawfully resides in
any part of the building; or a mixed-use building in which neither
licensed business nor a lawful resident exists. Further, any building
in which many of the total exterior windows and doors are broken,
boarded or open without a functioning lock shall be deemed "vacant."