[HISTORY: Adopted by the Town Council of the Town of Braintree 11-3-2021 by Order No.
21-028. Amendments noted where applicable.]
A.
The purpose of this chapter is to address commercial and industrial
properties throughout the Town of Braintree that are in a blighted
and/or vacant condition. Many of these properties are essentially
abandoned and in violation of multiple aspects of state and local
building and sanitary codes. Blighted conditions contribute to the
decline of neighborhoods, negatively impact the economic well-being
of the Town and have the potential to cause adverse conditions to
the health, safety and welfare of the residents. Additionally, such
blighted and/or vacant properties may provide a location for temporary
occupancy by transients and persons engaged in criminal activity.
These properties create significant costs to the Town by virtue of
the need for consistent monitoring and frequent boarding and securing.
B.
Many blighted and/or vacant properties can be rehabilitated, redeveloped,
demolished and/or reused to provide safe, decent and sanitary uses,
thereby increasing the quality of life for the public, occupants,
abutters and neighborhoods.
The following definitions shall apply in the interpretation
and implementation of this chapter:
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:
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:
Missing, broken or boarded up windows or doors for more than
30 days;
Collapsing or missing walls, roof or floor;
Siding that is seriously damaged or missing;
Extensive fire or water damage;
A foundation that is structurally faulty;
The failure to remedy graffiti within 30 days;
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;
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;
Storage of abandoned or unregistered vehicles or trailers unless
such items are customarily used in connection with a lawfully operating
business;
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;
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
Overgrown grass of at least two feet that is not grown to serve
conservation purposes:
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;
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;
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;
Is a vacant property as defined hereunder that is not being maintained in accordance with Section 8.800.030; or
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.
The Building Inspector and Director of the Board of Health
and/or their designated agents.
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:
Has legal or equitable title to any building, structure or property
or parcel of land, vacant or otherwise;
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;
Is a lessee under a written agreement;
Is a mortgagee in possession of any such property;
Is an agent, trustee or other person appointed by the courts
and vested with possession or control of such building, structure
or property; or
Is a trustee who holds, owns or controls mortgage loans for
mortgage backed securities transactions and has initiated the foreclosure
process.
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.
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.
A.
No owner of property located within the Town shall allow, create,
maintain or cause to be created or maintained any blighted premises.
B.
Maintenance of vacant properties - requirements. Owners of vacant
properties, including commercial, industrial and residential, must
fulfill the following minimum adequate maintenance requirements for
any such property they own:
(1)
Maintain vacant properties in accordance with the relevant sanitary,
building and fire codes;
(2)
Secure vacant properties so as to prevent unauthorized entry
and exposure to the elements;
(3)
Maintain vacant properties in a manner that ensures their external/visible
maintenance, including, but not limited to, the maintenance of major
systems, the removal of trash and debris, and the upkeep of lawns,
shrubbery and other landscape features;
(4)
Repair or replace broken windows or doors; the boarding up of
any doors or windows is prohibited except as a temporary measure for
no longer than 30 days; and
(5)
For properties vacant for six months or more, the utilities
must be shut off, removed or cut and capped to prevent accidents.
C.
Enforcement.
(1)
Investigation.
(a)
The enforcement officer(s) shall undertake an investigation
of any alleged violation of this section upon their own initiative
or upon receipt of a complaint from any individual, civic organization,
neighborhood group, governmental entity or other affected agency.
In conducting investigations, the Building Inspector shall coordinate
inspections by and among the Board of Health, the Chief of Police
and the Fire Chief, or their designees, as the Building Inspector
deems appropriate to ensure that this chapter is enforced.
(b)
In making such inspection, the Building Inspector, and/or the
Board of Health, the Chief of Police and the Fire Chief, or their
designees, shall have such right of access to premises that may be
lawfully exercised by him/her under the laws and constitution of the
commonwealth or of the United States.
(2)
Order to take corrective action.
(a)
In the event that a violation of this chapter has occurred,
the enforcement officer shall serve notice of the violation and an
order to correct such violation on the owner of the property by certified
mail or by handing a copy of the notice and order to the intended
recipient. A copy of the notice and order shall also be provided to
the district councilor representing the district where the property
is located. The order shall require the owner to bring the property
into compliance with the requirements of the notice within 30 days
of receipt. In the event of demonstrated hardship, an extension or
extensions may be granted at the discretion of the enforcement officer.
(b)
If the Building Inspector determines that the condition is subject
to the jurisdiction of the Board of Health or is a violation of the
State Sanitary Code or any health regulation, in addition to enforcing
this chapter, s/he shall refer the matter to the Board of Health or
any other appropriate state or local officials for action.
(c)
Failure to comply.
[1]
Should the property owner fail to comply, or neglect
or refuse to take the corrective action specified in the notice, the
Building Inspector may make complaint to the Superior Court or any
court of competent jurisdiction seeking an injunction or order restraining
any further use of the property and the continuation of the violation
and shall take such other action as is necessary to enforce the provisions
of this chapter.
[2]
Further, if the violation continues, the Town may undertake such repairs or other corrective action when in its judgment a failure to do so will endanger the health, safety or welfare of the public. Notice of the intention of the Town to make such repairs or other corrective action shall be served on the owner by the means provided for service in Subsection C(2) herein.
(3)
Recovery of costs. When repairs are made or other corrective
action is taken by the Town, the costs of such repairs and enforcement
action shall constitute a debt in favor of the Town against the owner
of the blighted premises. In the event that the property owner fails,
neglects or refuses to pay the debt within 30 days of the debt receipt,
the Town shall take action to collect the debt. Such action may include
placing a lien on the property and/or initiating a civil action in
a court of competent jurisdiction for the balance due. Lenders foreclosing
on a property may seek waiver of such costs that accrued before possession
by lender, which the Town may consider in its sole discretion.
(4)
Enforcement authority. The enforcement authority under this
section shall be in addition to and not in place of any other existing
authority under any relevant ordinance or General Law. If any conflict
exists under this section and any other authority, then the legal
authority that provides the Town with the greatest authority and the
maximum flexibility in enforcement shall govern.
D.
Penalties.
(1)
Each separate offense of this chapter shall be punishable by
a fine of $300. Each violation of any provision of this chapter shall
be considered a separate offense and each day that any violation continues
shall constitute a separate offense.
(2)
The imposition of any fine from this section shall not be construed
to prevent enforcement of any other ordinances, laws or regulations
of the same property nor prevent other enforcement measures or fines,
including civil or legal action against the owner to require compliance
with the order. Failure to pay any fine arising from the enforcement
of this chapter shall constitute a debt in favor of the Town. The
Town may place a lien on the property for such debt and/or may initiate
a civil action against the owner in a court of competent jurisdiction
to recover the debt. Lenders foreclosing on a property may seek waiver
of any such fines that accrued before possession by lender, which
the Town may consider in its sole discretion.
