The city has found that vacant buildings encourage temporary
occupancy by transients, drug users and persons engaged in criminal
activity; cause surrounding areas to suffer from stagnant or declining
property values; and create significant costs to the city by virtue
of the need for constant monitoring and occasional cleanup. Accordingly,
the purpose of this chapter requiring the registration of all vacant
buildings, both residential and commercial, is to assist the city
government in protecting the public health, safety and welfare of
its residents by encouraging the prompt rehabilitation and permanent
occupancy of such abandoned structures.
(C.O. 07-22 § 1 (part))
For purposes of this chapter, a "vacant building" means any
commercial building in which no person or entity actually conducts
a lawfully licensed business in such 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 a licensed business nor a
lawful residents exists. Further, any building in which more than
one-half of the total exterior windows and doors are broken, boarded
or open without a functioning lock shall be deemed "vacant" regardless
of occupancy.
(C.O. 07-22 § 1 (part))
Within forty-five days of a building becoming vacant, each owner
of such vacant building shall register said building with the department
of municipal inspections by providing such department, on a form to
be created by such department, with the name, address and telephone
number of each owner of the building, the street address of the building
and the map, block and parcel number of such building. If none of
the owners are at an address within the Commonwealth of Massachusetts,
then the registration shall also include the name, address and telephone
number of a person who resides within the Commonwealth of Massachusetts
and is authorized to accept service of process on behalf of the owners,
and who shall be designated as a responsible local agent, both for
purposes of notification in the event of an emergency affecting the
public health, safety and welfare and of service of any and all notices
issued pursuant to this chapter. The failure timely to register a
vacant building shall be a violation of this chapter.
(C.O. 07-22 § 1 (part))
On or before November 15th of each calendar year, the owners
of any vacant building shall pay to the department of municipal inspections
a registration fee to cover the administrative cost of monitoring
and ensuring the proper maintenance of such vacant buildings. The
annual registration fee shall be based on the duration of the vacancy
as of November 15th of such year according to the following schedule:
|
Fee
|
Vacancy Duration
|
|---|---|
|
$500.00
|
For properties that have been vacant for less than one year
|
|
$1,000.00
|
For properties that have been vacant for one year or more but
less than two years
|
|
$2,000.00
|
For properties that have been vacant for two years or more but
less than three years
|
|
$3,000.00
|
For properties that have been vacant for three years or more
|
A failure to pay timely the registration fee shall be a violation
of this health code, and the full fee shall be deemed an assessment
resulting from a violation of this health code subject to a lien on
property to be collected in accordance with Chapter 497 of the Acts
of 199.
(C.O. 07-22 § 1 (part))
On or before October 15th of each calendar year, the department of municipal inspections shall send a billing statement, setting forth the required registration fee, to each owner of a vacant building. However, the registration fee set forth in Section 8.05.040 shall be due and payable on November 15th of each year regardless of the delivery or receipt of such billing statement.
(C.O. 07-22 § 1 (part))
Any owner assessed a registration fee under this chapter shall
have the right to appeal the imposition of such fee to the Revere
board of health upon the filing of an application in writing, no later
than fifteen calendar days after mailing of the billing statement.
The appeal request shall be accompanied by a fifty-dollar nonrefundable
appeal cost. The appeal shall be limited solely to the issues of whether
the building is vacant and how long the building has been vacant.
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 on appeal. If the decision is adverse to the owner,
the payment shall be due within ten calendar days of the decision
of the Revere board of health.
(C.O. 07-22 § 1 (part))
The provisions of this chapter are in addition to, and not in
lieu of, any and all other applicable provisions of the revised ordinances
of the city of Revere or any provisions of the regulations and laws
of the Commonwealth of Massachusetts.
(C.O. 07-22 § 1 (part))
Any person or entity violating this chapter, by failing to register a vacant building, failing to pay the registration fee or otherwise, shall be subject to a fine of up to three hundred dollars per offense. Each day that the owner is in violation shall constitute a separate offense. The health agent and/or code enforcement officers of the board of health shall have the right to enforce this chapter pursuant to the noncriminal disposition procedures set forth in Chapter 1.12.
(C.O. 07-22 § 1 (part))
