Vacant or foreclosing properties generally pose an increased risk to the health, safety, and welfare of the public and the officials who monitor and inspect these properties. As a result, an owner must comply with the City's registration and maintenance requirements.
A.
Any owner of a vacant or foreclosing residential property shall, within 30 days of the property becoming vacant or within seven days of the initiation of the foreclosure process, register the property with the City by completing each of the following:
(1)
Provide the Inspector of Buildings and the Fire Chief with contact information for the:
(a)
Owner or person in control of the property;
(b)
Person(s) or property management company responsible for maintenance of the property;
(c)
Person to be contacted in case of emergency; and
(d)
If none of the owners are located within the Commonwealth of Massachusetts, then the registration shall also include contact information for a resident of Massachusetts who is authorized to accept service of process and other notices on behalf of the owners.
(2)
Provide the Inspector of Buildings and the Fire Chief with written notification of the status of such property, including in such notice:
B.
Once the property is sold, transferred, or no longer vacant, the owner of the previously vacant or foreclosing property shall, within seven days, provide the Inspector of Buildings and the Fire Chief with written notice of the change in the status of the property.
The owner of any vacant and/or foreclosing residential property must comply with each of the following maintenance requirements:
A.
Maintain the property in accordance with the Massachusetts State Sanitary Code, the Massachusetts State Building Code, and all City ordinances.
B.
Keep the property free of trash, debris, overgrowth, and pools of stagnant water.
C.
Remove all hazardous material from the property to the satisfaction of the Fire Chief.
D.
Secure all windows and door openings sufficient to prevent unauthorized entry or, alternatively, provide twenty-four-hour on-site security personnel on the property.
E.
Keep the property sufficiently heated to prevent water pipes from freezing or, in the alternative, drain all water from the plumbing between October 1 and April 30 of each calendar year.
F.
Post "No Trespassing" signs on the property.
G.
Maintain liability insurance on the property and furnish the Inspector of Buildings with a copy of the certificate of insurance.
H.
Provide a cash bond, acceptable to the Inspector of Buildings, in the sum of not less than $10,000, to ensure compliance with this property maintenance article. The owner shall be liable to the City for all costs incurred due to the owner's failure to comply with this article. The City may seek reimbursement for costs incurred by drawing down upon this bond and/or by establishing a lien on the property for the balance due, to be collected in accordance with Chapter 59 of the Massachusetts General Laws (MGL c. 59).
B.
All property registrations are valid for one fiscal year. Subsequent annual registration and fees are due prior to the expiration of the previous registration, even if Inspectional Services fails to send a billing statement as a reminder to the owner.
C.
An owner who fails to comply with the registration requirements of this division or who fails to timely pay the registration fee is deemed to be in violation of this division and shall be subject to the general penalty set forth in § 1-15 of the of the Code of the City of Fall River or, in the sole discretion of Inspectional Services, subject to the noncriminal disposition procedures set forth in § 2-1021 through 2-1029 of the City Code. Any assessment or fine resulting from a violation of this division shall be subject to a lien on the property, to be collected in accordance with Chapter 59 of the Massachusetts General Laws (MGL c. 59).
A.
Appeal of fee. Any owner assessed a registration fee or fine under this division shall have the right to appeal the imposition of such fee or fine to Inspectional Services by filing a written appeal request no later than 15 days after mailing of the billing statement. The appeal request shall be accompanied by a nonrefundable appeal fee as set forth in Chapter A110, Fee Schedule, § A110-3, of the Code of the City of Fall River. The owner shall have the burden of proof on appeal. Payment of the registration fee shall be stayed pending the outcome of a properly filed appeal. If the decision is adverse to the owner, payment shall be due within 10 days of the decision of Inspectional Services. The final decision of Inspectional Services shall be in writing and can be mailed, emailed, or hand-delivered to the owner.
B.
Appeal of final decision of inspectional services. Any person aggrieved by a final decision of Inspectional Services under this division may appeal to the district court, housing court, or other court of competent jurisdiction pursuant to MGL c. 40, § 21D, and shall be entitled to a de novo hearing. The aggrieved person shall file the appeal within 10 days after receiving notice of the decision from Inspectional Services.
Inspectional Services has enforcement authority pursuant to MGL c. 143, § 3A, and §§ 2-802 through 2-806 of the Code of the City of Fall River and has authority to promulgate rules and regulations necessary to implement and enforce this article. Inspectional Services is authorized to inspect properties to verify compliance with the State Building Code and the provisions this article, to issue citations for any violations found therein, and to take any action necessary to ensure the health, safety, and welfare of the public and public safety officers.
The provisions of this article are additional to all other applicable ordinances, rules, regulations, or laws of the commonwealth. If any provision of this article imposes a greater restriction or obligation than those imposed by any other law, regulation, rule, ordinance, bylaw, order or policy, then the provisions of this article shall control.
If any provision of this article is held to be invalid by a court of competent jurisdiction, then such provision shall be considered separately and apart from the remaining provisions, which shall remain in full force and effect.
The provisions of this article are immediately effective, but no monetary fine shall be imposed until 30 days after passage.
As a courtesy, a copy of this article is to be mailed to all registered owners of residential property located in the City. An alleged failure to receive notice shall not be a defense and shall not have any effect whatsoever on the City's ability to enforce this article.