[HISTORY: Adopted by the City Council of the City of Fitchburg 12-20-2022 by Ord. No.
190-2022. Amendments noted where applicable.]
It is the intent of this chapter to protect and preserve public
health, safety, and welfare in the City of Fitchburg and security
and quiet enjoyment of occupants, abutters, and neighborhoods by:
A.
Requiring residential or commercial property owners, including lenders,
trustees, and service companies, to register and properly maintain
vacant, abandoned, foreclosed, or foreclosing residential or commercial
properties; and
B.
Regulating the maintenance of vacant, abandoned, foreclosed, or foreclosing
residential or commercial properties to prevent blighted and unsecured
buildings.
For purposes of this chapter, the following terms shall have
the following meanings:
A vacant building, the ownership responsibilities of which have
been surrendered or relinquished, whether intentionally or by failure
to occupy and maintain such property; or
Buildings, structures, and premises for which the owner cannot
be identified or located by delivery of certified mail at the last
known or registered address, which persistently or repeatedly becomes
unprotected or unsecured or which is or has been occupied by unauthorized
persons.
Consecutive calendar days.
The Director of Public Health or the Director's designee.
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.
Within 20 driving miles distance of the property in question
as this term applies to the local agent or property manager responsible
for maintenance of the property.
Maintained in accordance with the Massachusetts State Sanitary
Code, Massachusetts State Building Code, City ordinances and regulations,
and fire codes. Under this chapter, a dwelling not secured which allows
the entry of unauthorized persons is considered a dwelling which is
not maintained.
The creditor, including but not limited to, service companies,
lenders to a mortgage agreement and any agent, servant, or employee
of the mortgagee, or any successor in interest or assignee of the
mortgagee's rights, interests or obligations under the mortgage
agreement.
The Board of Health or other designated municipal hearing
officer.
Every person, entity, service company, property manager or real
estate broker, who alone or severally with others:
Has legal or equitable title to any dwelling, dwelling unit,
mobile dwelling unit, or parcel of land, vacant or otherwise, including
a mobile home park; or
Has care, charge or control of any dwelling, dwelling unit,
mobile dwelling unit or parcel of land, vacant or otherwise, including
a mobile home park, in any capacity including but not limited to agent,
executor, executrix, administrator, administratix, trustee, or guardian
of the estate of the holder of legal title; or
Is a 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 were the owner. However, this
chapter shall not apply to a condominium association created pursuant
to G.L. c. 138A[1] to the extent that such association forecloses on or initiates
the foreclosure process for unpaid assessments due or owing to the
association.
"Owner" also means any person who operates a rooming house or
is a trustee who holds, owns, or controls mortgage loans for mortgage
backed securities transactions and has initiated the foreclosure process.
Any real residential or commercial or mixed-use property
or portion thereof, located in the City, including all buildings or
structures situated on the property. For the purpose of this chapter,
"property" does not include property owned by or subject to the control
of the City or any of its governmental bodies, including the Fitchburg
Housing Authority.
Commercial property means any property that is used, intended,
or designed to be used for business related purposes rather than as
a living space. As used in this chapter, commercial shall not include
property classified by the Board of Assessors as an Industrial (i.e.,
Use Code 4) property.
Residential property means any property that contains one or
more dwelling units used, intended, or designed to be occupied for
living purposes.
Measures that assist in making the property inaccessible
to unauthorized people and prevents unlawful entry or access to a
dwelling or structure which conforms with the State Building and Fire
Codes, including but not limited to:
Removal all material determined by the Director of Public Health,
the Fire Chief, or Building Commissioner or their designee(s) to be
dangerous in case of fire.
Securing and maintaining secure all floors accessible from grade
utilizing one of the following methods so long as such method is approved
by the Director of Public Health, Building Commissioner and the Fire
Chief: a) secure all openings, including but not limited to windows
and door openings, in accordance with the U.S. Fire Administration,
National Arson Prevention Initiative Board Up Procedures, continuously
until such time as the building is reoccupied; or b) provide twenty-four-hour
watchman services continuously until such time building is reoccupied;
or c) provide a monitored intruder alarm system at the perimeter of
all floors accessible from grade continuously until such time as the
building is reoccupied. Property owner shall notify the Director of
Public Health, the Building Commissioner, the Police and Fire Chief
that this method has been chosen to secure the building.
Maintain any existing fire alarms or sprinkler system unless
written approval is obtained from the Fire Chief in accordance with
MGL c. 148, § 27A, to shut off or disconnect said alarms
or system.
Maintain utilities or submit a written plan detailing how the
building will be maintained as a result of lack of utilities. Plans
should include but are not limited to prevention of all plumbing and
sprinkler system freezing and or any other systems within the dwelling
to maintain protection to the building. Plans require written approval
of the Director of Public Health, Building Commissioner, and Fire
Chief or their designees.
Shall mean the following, except where the context clearly indicates
a different meaning:
Any residential building in which no person lawfully resides
in any part of the building;
A mixed-use building in which neither a licensed business nor
a lawful resident exists; or
Any commercial building in which no person or entity actually
conducts a lawfully licensed business in such building.
This term shall not include unoccupied structures that are:
Undergoing construction, rehabilitation, or renovation that
is proceeding without unreasonable delay caused by the owner or property
manager;
Used or held for use by the property owner as a vacation or
seasonal home and there are no code violations;
Physically secured and the subject of a probate action or other
litigation in which ownership is contest.
[1]
Editor's Note: See Chapter 183A of the General Laws.
The following vacant properties shall be exempt from the requirements
of this chapter:
A.
Vacant property owned or controlled by a non-profit community development
corporation, a nonprofit housing assistance or development organization
recognized by the Regional Housing Network of Massachusetts or the
Massachusetts Housing Finance Agency or MassDevelopment for purposes
of developing or redeveloping affordable housing on the property;
B.
Vacant, abandoned, foreclosing, or foreclosed property listed by
the Fitchburg Office of Community Development and Planning as a priority
affordable housing development site;
C.
A detached single-family dwelling actively marketed by a licensed
realtor or by the owner of record and listed for sale on the multiple
listing service;
D.
Properties determined by the Health Department or Board of Health
to not present a public health or safety hazard to the neighborhood.
A.
The Director or designated inspector shall evaluate all buildings
in the City that are believed to be vacant or abandoned and determine
for each as to whether the building is a vacant building or abandoned
building within the meaning of this chapter. The determination shall
be in writing.
B.
Building that are determined to be vacant buildings or abandoned
buildings, the Director or designated inspector shall send notice
of the written determination to the owner of record. The notice of
determination shall be sent both by certified and first-class United
States Mail, with proper postage prepaid, or otherwise in the manner
as is in the manner of service of all other ordinances of the City
of Fitchburg. Failure of delivery shall not excuse a person from complying
with this chapter. The Director or the Director's designated
representative may personally serve or cause personal service of the
notice of determination and shall execute an affidavit attesting to
the facts of service. The Director or designated local inspector shall
maintain an affidavit of such mailing for each notice of determination
sent.
Within 30 days of a building becoming vacant or abandoned, each
owner of a vacant or abandoned building shall register the building
with the City by completing and submitting a registration form to
the Board of Health on the form provided by the Board of Health. Registration
must include, at minimum, the name, address and telephone number of
each owner of the building, the street address of the building, and
the name and contact information of the local individual authorized
to accept service of process on behalf of the owners, and who shall
be designated as a responsible local agent. The local agent must be
able to respond in person to any issues or emergencies that arise
within two hours of being notified. Contact information must include
a telephone number that is active 24 hours per day. Payment of a registration
fee of $100 shall be made at the time of registration in order for
the registration to be deemed complete and in compliance with this
chapter. Failure to timely register a vacant or abandoned building
shall be a violation of this chapter.
A.
On the anniversary date of each vacant or abandoned or foreclosing
or foreclosed property registration filed with the City, the owner
shall pay an annual registration fee to cover the Board of Health's
administrative cost of monitoring and ensuring the proper maintenance
of vacant or abandoned buildings. The fees may also be utilized to
fund proper maintenance of such buildings by the City of Fitchburg,
which costs shall become a municipal lien on the property. The annual
registration fee shall be based on the following schedule:
B.
Except as provided below, failure to promptly pay the registration
fee shall be a violation of this chapter, and the full fee shall be
deemed an assessment subject to a lien on property.
Registration fees shall be waived and time limits in this chapter
shall be tolled for any former owner-occupant of a residential building
if the formerly owner occupied residential building is now vacant
due to i) the illness or infirmity of the former owner-occupant; ii)
active military duty of the owner-occupant or iii) a fire or other
natural disaster rendering the property uninhabitable, provided that
the former owner-occupant is working expeditiously to rehabilitate
the property.
Within 7 days of a change of the status of a vacant or abandoned
building, due to the sale of the building, new occupancy or other
circumstance, the owner shall notify the Health Department of such
change of status in writing on a form provided by the Health Department.
Within 30 days of the anniversary date for each registration,
the Director or the Director's designee shall send a billing
statement, setting forth the required registration fee, to each owner
of a vacant or abandoned building. The registration fee set forth
in this chapter shall be due and payable no later than the anniversary
date regardless of the delivery of receipt of such billing statement.
Any owner assessed a registration fee under this chapter shall
have the right to appeal the imposition of such fee to the Director
upon the filing of an application in writing, no later than 15 calendar
days after mailing of the billing statement. The appeal shall be limited
solely to the issues of whether the building is vacant or abandoned
and how long the building has been vacant or abandoned. 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 of the appeal. A hearing shall be held within 30 days
of the request for the same. The Municipal Hearing Officer shall preside
over the hearing. The applicant shall have the right to present any
and all evidence in support of the appeal. The Director shall have
the right to present any and all evidence against the appeal. The
Hearing Officer shall issue a written decision within 30 days of the
hearing. The Hearing Officer's decision shall be final. Payment
of the fee shall be due within 10 days of the Hearing Officer's
decision which is adverse to the owner.
Within 15 days of the time a building is required to be registered
under this chapter, the City shall require the owner to post a "no
trespassing" sign on upon their building which is vacant or abandoned.
A.
Any person or entity violating this chapter by failing to register
a vacant or abandoned building, failing to pay the registration fee,
failing to comply with maintenance requirements or otherwise, shall
be subject to a fine of $300 dollars per offense. The City may establish
a revolving fund under MGL c. 44, § 53e 1/2, to credit the
Health Department with all or a portion of the fees, charges, or other
receipts under this chapter. Each day that the owner is in violation
shall constitute a separate offense.
B.
The Health Department shall have the right to enforce this chapter
pursuant to the noncriminal disposition procedures set forth in MGL
c. 40, § 21D, or, as applicable, Chapter 40U of the General
Laws.
C.
If the Director or the Director's designee determines that a
vacant or abandoned property presents an imminent health or safety
hazard, the City of Fitchburg shall have authority to enter the premises
and conduct the work necessary to address the identified hazard. The
City may record a municipal lien on the property to recover the cost
of completing such work.
D.
The Director may publish in a newspaper of general circulation in
the City of Fitchburg the names of any or all owners who violate this
chapter.
A.
Properties subject to this chapter must be maintained in accordance
with the applicable sanitary codes, building codes, city ordinances,
and fire codes. The owner, local individual, or local property management
company must inspect and maintain the property on a monthly basis
for the duration of the vacancy and comply with all of the following
requirements:
(1)
In a location on the front of the property visible from the
street, the property must be posted with the name and twenty-four-hour
contact phone number of the local individual or property management
company responsible for maintenance;
(2)
Building appurtenances at vacant property, including but not
limited to, finishing, roofs, windows, trim, gutters, downspouts,
shutters, railings, guards, steps, awnings, canopies, signs, light
fixtures, and fire escapes, must be securely attached so as not to
cause a blighting condition and must be maintained free from significant,
visible deterioration;
(3)
Perishables, combustibles, flammables, trash, waste, debris,
or other materials that could facilitate the travel of fire or attract
rats, vermin, insects, or other animals shall be removed from the
interior of the property;
(4)
Vacant property fencing, sheds, garages, barns, retaining walls,
or other accessory structures shall be maintained and structurally
sound;
(5)
Maintain any existing fire alarms or sprinkler system unless
written approval is obtained from the Fire Chief in accordance with
MGL c. 148, § 27A, to shut off or disconnect said alarms
or system. As may be required by the Fire Chief, file one set of space
utilization floor plans for said building with the Fire Chief and
one set of plans with the Commissioner;
(6)
Remove from the building. to the satisfaction of the Fire Chief,
hazardous material as that term is defined in Chapter 21K of the General
Laws, as that statute may be amended from time to time;
(7)
All fire protection systems shall be maintained in service in
vacant buildings;
(8)
Secure all windows and door openings and ensure that the building
is secured from all unauthorized entry continuously in accordance
with the United States Fire Administration, National Arson Initiative
Board Up Procedures, or provide twenty-four-hour on-site security
shall be provided within the building or within the complex wherein
the building is located;[1]
[1]
Editor's Note: So in original.
(9)
Maintain liability insurance on the building and furnish the
Director with a copy of said certificate of insurance; and
(10)
Vacant property that is left open and/or accessible shall be
subject to entry by the city to ensure that the property has not become
an attractive nuisance and to ensure that the property is locked and/or
secured.
B.
The Director or designee shall have the authority and the duty to
inspect properties subject to this chapter for compliance and to issue
citations for any violations. However, nothing in this chapter shall
preclude the Fire Chief, Building Commissioner, or their designees
from inspecting and enforcing state and local codes, bylaws, and ordinances
under their jurisdiction.
C.
The Director, Fire Chief, Building Commissioner, or designee shall
have the authority to require the owner to implement additional maintenance,
security, demolition, or other measures not specified in this chapter
as may be required to prevent further decline or blight of vacant
property or as may be required to prevent a fire, collapse, public
safety hazard or other emergency situation.
D.
If a building regulated hereunder is damaged by fire, the owner shall
have 30 days from the date of the fire to apply for a building permit
to start construction or demolition. Failure to do so will result
in the property being deemed a vacant property and subject to the
requirements of this chapter;
E.
With the exception of one- and two-family residential units, vacant
properties that are not required by code to be monitored shall provide
the following, subject to the approval of the Commissioner, Fire Chief,
or designee:
(1)
A monitored fire alarm system that detects smoke or heat on
every level of the building;
(2)
A monitored intruder alarm system at the perimeter of all floors
accessible from grade, continuously until such time as the building
is reoccupied; and
(3)
With the approval of the Fire Chief, or designee, fire protection
and fire alarm systems in vacant buildings shall be permitted to be
removed from service as provided in MGL c. 148, § 27A, and
in lieu of these systems, a key box with key and code will be provided
to the Fire Chief.
The Board of Health shall have the authority to promulgate administrative
rules and regulations necessary to implement and enforce this chapter.
If any provision of this chapter is held to be invalid by a
court of competent jurisdiction, the provision shall be considered
separately and apart from the remaining provisions, which shall remain
in full force and effect.
The provisions of this chapter are effective immediately upon
passage and all provisions shall be enforced immediately.
