Vacant, foreclosing, and improperly maintained properties can have a tremendous negative impact upon the neighborhoods where they are located, and they often present a danger to the public. This property maintenance article attempts to protect the health, safety, welfare of the public and the public safety personnel who inspect or enter such properties.
When used in this property maintenance article, the following terms and phrases shall have the following meanings:
A fixed construction with walls, foundation, and a roof, including, but not limited to, a house, factory, or garage.
Lumber, bricks, concrete, cinder blocks, plumbing materials, electrical wiring or equipment, heating ducts or equipment, shingles, mortar, nails, screws, steel, or any other material commonly used in the construction of any building or structure.
City of Fall River.
Includes the name, address, email address, and telephone number.
The ability to regulate, restrain, or govern property or conduct that occurs on a property.
Consecutive calendar days. Chapter 10
A condition of decay or partial ruin by reason of neglect, misuse, or deterioration which includes, but is not limited to, a building with ineffective exterior waterproofing. Superficial conditions such as peeling paint are not proof of a dilapidated property.
The Fire Chief is the head of the Fall River Fire Department and is responsible for the management and operation of said department.
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.
Includes taking possession of a residential property pursuant to MGL c. 244, § 1; delivering the mortgagee's notice of intention to foreclose to the borrower pursuant to MGL c. 244, § 17B, or commencing a foreclosure action on a property in either the Land Court or the Bristol County Superior Court.
The Director of the City of Fall River's Inspectional Services Division.
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 unit, mobile dwelling unit, or parcel of land, vacant or otherwise, including a rooming house or 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 rooming house or mobile home park, in any capacity, including but not limited to as agent, executor, executrix, administrator, administratrix, 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 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 section shall not apply to a condominium association created pursuant to MGL c. 183A to the extent that such association forecloses on or initiates the foreclosure process for unpaid assessments due or owing to the association; or
Is a trustee who holds, owns, or controls mortgage loans for mortgage-backed securities transactions and has initiated the foreclosure process.
Any building, lot, parcel, dwelling, rental unit, real estate or land, or portion thereof, including property used as a residential or commercial property.
Any real, residential property, or portion thereof, located in the City of Fall River, including building or structures situated thereon, including, but not limited to, property owned or controlled by the Fall River Redevelopment Authority, the Fall River Housing Authority, and the Office of Community Development. As used in this article only, "property" does not include property owned by the City of Fall River or any of its governmental entities.
Any property that contains one or more dwelling units used, intended, or designed to be occupied for living purposes.
Any person(s) with control over the property, including a renter, property owner, or any person or entity that is developing, building, or operating a business on the property.
A building, fence, fire escape, railing, tower, sidewalk, stairway, playset, or any other item, fully built or under construction, that is typically fastened, anchored, or attached to a building, foundation, or the ground.
Any property not legally occupied. This definition shall not include properties that have been placed in receivership pursuant to MGL c. 111, § 127I or properties with valid building or other repair permits pursuant to the Massachusetts Building Code.