The following definitions shall apply in the interpretation
and implementation of this chapter:
BLIGHTED PREMISES
Any commercial or industrial building, structure, parcel
of land, or any part of a commercial or industrial building or structure
that is a separate unit in which at least one of the following conditions
exist:
A.
It is not being adequately maintained and secured as documented
by the enforcement officer (as defined herein) based upon, but not
limited to, the following factors:
(1)
Missing, broken or boarded up windows or doors for more than
30 days;
(2)
Collapsing or missing walls, roof or floor;
(3)
Siding that is seriously damaged or missing;
(4)
Extensive fire or water damage;
(5)
A foundation that is structurally faulty;
(6)
The failure to remedy graffiti within 30 days;
(7)
The exterior storage or accumulation of junk, trash, litter,
bottles, cans, rubbish or refuse of any kind, except for domestic
refuse stored in such a manner as not to create a nuisance for a period
not to exceed 15 days. The term "junk" shall include parts of machinery
or motor vehicles, used stoves, refrigerators or other cast off material
of any kind whether or not the same could be put to any reasonable
use unless such items are customarily used in connection with a lawfully
operating business;
(8)
Gravel, rocks and dirt piles stored by the owner for purposes
of construction and/or landscaping and said item(s) remain stored
for more than 12 months upon the owner's premises unless such
items are customarily used in connection with a lawfully operating
business;
(9)
Storage of abandoned or unregistered vehicles or trailers unless
such items are customarily used in connection with a lawfully operating
business;
(10)
Overgrown vegetation that may harbor vermin or pests, conceal
pools of stagnant water or other nuisances or which is otherwise detrimental
to neighboring properties or property values and which is not grown
to serve conservation purposes;
(11)
Dead, decayed, diseased or hazardous trees, shrubs or any vegetation
that may pose a hazard to the health and safety of any person in the
vicinity of the property or which his otherwise detrimental to neighboring
properties or property values and which has not been removed to serve
conservation purposes; or
(12)
Overgrown grass of at least two feet that is not grown to serve
conservation purposes:
B.
It has been cited for violations as documented by the Building
Inspector, the Director of the Board of Health, the Chief of Police,
the Fire Chief and/or their designated agents, which violations have
not been corrected;
C.
Conditions causing a public nuisance, harboring vermin or pests,
presenting a threat to public health or safety, or which is a fire
hazard as determined by the Fire Chief or his designee, or is attracting
illegal activity as determined by the Police Department;
D.
Because of fire, wind or other natural disaster, or because
of physical deterioration, it is no longer useful for the purpose
for which it was originally intended;
E.
Is a vacant property as defined hereunder that is not being maintained in accordance with Section
8.800.030; or
F.
It is determined by the Building Inspector and/or the Director
of the Board of Health that the building, structure or parcel of land
is in a condition that poses a serious threat to safety, health, morals
and general welfare of the Town.
ENFORCEMENT OFFICER
The Building Inspector and Director of the Board of Health
and/or their designated agents.
OWNER
Any individual, business entity, voluntary association or
nonprofit organization, and quasi-governmental entities (i.e., Braintree
Housing Authority and Braintree Electric Light Department) that alone
or jointly or severally with others:
A.
Has legal or equitable title to any building, structure or property
or parcel of land, vacant or otherwise;
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;
D.
Is a mortgagee in possession of any such property;
E.
Is an agent, trustee or other person appointed by the courts
and vested with possession or control of such building, structure
or property; or
F.
Is a trustee who holds, owns or controls mortgage loans for
mortgage backed securities transactions and has initiated the foreclosure
process.
PROPERTY
Any privately owned commercial or industrial property or
portion thereof, located in the Town, including any buildings, structures
or other personal property on the parcel.
VACANT PROPERTY
Any commercial or industrial property that is unoccupied
for a period greater than 180 consecutive days and any residential
property that is unoccupied for a period greater than 90 days by the
person or persons with legal right to occupancy thereof, except for
bona fide temporary absences.