[Added 4-13-2021 ATM by Art. 19]
The purpose of this bylaw is to help protect the health, safety
and welfare of the residents of the Town of Mansfield by preventing
blight, protecting property values and neighborhood integrity, protecting
the Town's resources and ensuring the safe and sanitary maintenance
of vacant residential buildings. Abandoned buildings are at an increased
risk for fire, water and natural damage as well as vandalism, unlawful
entry and other public health and safety hazards. This bylaw will
help to promote the Town's public welfare by requiring all residential
property owners to register and properly maintain abandoned buildings.
Any building which is not legally occupied, abandoned or
not used for a period of at least 185 consecutive days, or shows visible
signs of substantial physical distress, including, but not limited
to, boarded-up or broken windows, doors, roofs, fire damage, exposure
to the elements, susceptibility to unauthorized entry, disconnected
utilities, the accumulation of trash, junk, and/or debris, or that
appears to pose a risk to public safety, as determined by the Inspector
of Buildings.
A board consisting of the Superintendent of Public Works,
the head of the Fire Department, as such term is defined in MGL c.
148, § 1, and one disinterested person to be appointed by
the Inspector of Buildings.
A combination of any materials fixed to the ground and having
a roof, enclosed within exterior walls, built to form a structure
for the shelter of persons, animals or property.
Inspector of Buildings/Zoning Enforcement Officer of the
Town of Mansfield or his designee.
Occupied in accordance with the provisions of the Massachusetts
State Building Code.
A person or entity who, alone or severally with others:
Has legal or equitable title to any building or has care, charge
or control of any building in any capacity, including but not limited
to agent, executor, executrix, administrator, adminstratrix, trustee
or guardian of the estate of the holder of legal title; or
Is a tenant a legal right to possess an entire building; or
Is a mortgagee in possession of any building; or
Is an agent, trustee, receiver or other person appointed by
the courts and vested with possession or control of a building; or
Is an officer or trustee of an association of unit owners of
a condominium or cooperative which contains a vacant building.
For purposes of this bylaw, the term "owner" shall not include
a person who is on active duty in the United States Armed Forces.
Prior to or not more than seven days after the building becomes
vacant, the owner must register the building with the Inspector of
Buildings on forms provided by the Protective Inspection Department.
All registrations must state the individual's name, phone number
and mailing address as well as an emergency contact, if not the same.
This registration must state if the property is vacant at the time
of filing, and if so for how long. None of the required addresses
shall be a post office box. Once the building is no longer vacant
or is sold, the owner must provide proof of sale or written notice
and proof of lawful occupancy to the Inspector of Buildings. The Inspector
of Buildings will notify Police, Fire, Water, Sewer and Health Departments
of the submitted registration of vacant building as well as the re-occupancy
of the building.
A.
The owner of a vacant building must maintain it in accordance with
all applicable local and state sanitary codes, building codes and
fire codes, pertaining to the external/visible maintenance of the
building and major system maintenance of the property.
B.
The owner of a vacant building must promptly repair all broken windows,
doors, other openings and any unsafe conditions at the vacant building.
Boarding up of open or broken windows and doors is prohibited except
as a temporary measure for no longer than 185 consecutive days, unless
the Inspector of Buildings determines that, due to circumstances beyond
the owner's control, a longer period of time is required. Coverings
must be fitted to the opening size and colored to blend with the existing
building color scheme.
C.
The owner shall maintain the building for the duration of the vacancy
or abandonment. Upon notice by the Inspector of Buildings, any accumulated
trash and/or graffiti shall be taken off or removed from the property
within seven days. The Inspector of Buildings and/or his designee
shall document violations. The owner of any building vacant for a
period exceeding six months whose utilities have been shut off shall
have those utilities removed or cut and capped to prevent accidents.
D.
If deemed necessary by the Inspector of Buildings and the Board of
Survey, the owner must erect and maintain, at his/her own cost and
expense, a six-foot privacy fence within 30 feet of the entire building.
The Inspector of Buildings shall notify the owner, in writing, of
the basis for requiring any such fencing.
E.
Compliance with this bylaw shall not relieve the owner of any applicable
obligations set forth in any other bylaw, regulation, codes, covenant
conditions or restrictions and/or association rules and regulations.
In case of a conflict with these rules and regulations, the stricter
of the rules and regulations shall apply.
The Inspector of Buildings, 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 Inspector of Buildings may disconnect utilities
upon a determination that a vacant residential property presents an
imminent hazard to any person or property.
Violations of any portions of this bylaw shall be punishable
by a total fine of $100 a day. The Inspector of Buildings may waive
all or a portion of the fine upon abatement of the violation(s). The
Inspector of Buildings or his designee shall enforce all provisions
of this bylaw. Any owner found to be in violation of this bylaw shall
receive a written warning and no fewer than seven days to remedy all
violations, prior to the institution of any enforcement action.
If the Inspector of Buildings determines the vacant property
is unsafe, the Inspector of Buildings may act immediately in accordance
with the Massachusetts State Building Code to protect public safety.
Furthermore, nothing in this bylaw shall abrogate the powers and/or
duties of municipal officials to act pursuant to any general statutory
authority, including, without limitation, MGL c. 139, § 1
et seq., and MGL c. 143, § 6 et seq.
If any provision of this bylaw is held to be invalid by a court
of competent jurisdiction, such provision shall be considered separate
and apart from the remaining provisions, which shall remain in full
force and effect.
