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(A) All owners must register vacant and/or foreclosing residential properties with the Commissioner of the Inspectional Services Department on forms provided by the Commissioner. All registrations must state the individual owner’s or Agent’s phone number and mailing address located within the commonwealth as required by M.G.L. Chapter 59, Section 57D, M.G.L. Chapter 156D, Section 5.02 and 950 CMR 113.20. The mailing address may not be a post office box. This registration must also certify that the property was inspected and identify whether the property is vacant at the time of filing. If the property is vacant, the owner and/or registrant must designate and retain a local individual or local property management company responsible for the security and maintenance of the property. This designation must state the individual or company’s name, phone number and local mailing address. The mailing address may not be a post office box. If the property is in the process of foreclosure, then the registration must be received within seven days of the initiation of the foreclosure process as defined in Subsection 16-52.2. If the Commissioner determines that the property is vacant and that foreclosure proceedings have not been initiated, the registration must be received within 14 days of the Commissioner’s first citation for improper maintenance.
(B) All property registrations are valid for one calendar year. An annual registration fee of $100 must accompany the registration form. Subsequent annual registrations and fees are due within 30 days of the expiration of the previous registration and must certify whether the foreclosing and/or foreclosed property remains vacant or not.
(C) Once the property is no longer vacant or is sold, the owner must provide proof of sale or written notice and proof of occupancy to the Commissioner of the Inspectional Services Department.
(D) The Inspectional Services Department shall maintain a list of properties registered pursuant to this Section and make it available to the public upon request. The list of registered properties shall also be made accessible through the city’s website and updated as practicable.
(CBC 1985 16-52.3; Ord. 2008 c. 1; Ord. 2010 c. 7)
(A) Properties subject to this Section must be maintained in accordance with the relevant Sanitary Codes, Building Codes and local regulations concerning external and/or visible maintenance. The owner, local individual or local property management company must inspect and maintain the property on a monthly basis for the duration of the vacancy.
(B) The property must contain a posting with the name and 24-hour contact phone number of the local individual or property management company responsible for the maintenance. The sign must also indicate the name, address and telephone number of the property owner and the owner’s authorized Agent for the purpose of service of process. This sign must be posted on the front of the property so it is clearly visible.
(C) When a building is vacant, unguarded and open to unauthorized entry, all building openings must be closed, secured and protected as follows.
(1) When a building is vacant, all building openings shall be closed and secured to prevent entry by unauthorized persons in a manner not inconsistent with rules and regulations issued by the Inspectional Services Department for securing vacant buildings.
(2) For a building that is determined by the Inspectional Services Department to be chronically or habitually violated or upon any renewal of the registration statement required in Subsection 16-52.3, the property owner must implement and provide proof satisfactory to the Inspectional Services Department that, in addition to complying with the security standards set forth elsewhere in this Section, said building either: contains all of the security features set forth in division (C)(2)(a) below, or is unviolated, as described in division (C)(2)(b) below.
(a) Every opening larger than one square foot in area that is located less than 8 feet above the ground or that is accessible from ground level or within 8 feet in any direction of an exterior stairway, fire escape or other means of access shall be secured using practices and materials approved by the Inspectional Services Department and the Office of the City Fire Marshal, including, but not limited to, stainless steel plates or shutters, steel mesh grates, lexan panels and concrete blocks.
(b) 1. For purposes of this Section only, the term
UNVIOLATED shall refer to a building that:
a. Has a permanent door or window, as applicable, in each appropriate building opening and that has each such door or window secured to prevent unauthorized entry; and
b. Has all its door and window components, including, without limitation, frames, jambs, rails, stiles, muntins, mullions, panels, sashes, lights and panes, intact and unbroken.
2. A building that does not meet the definition of “unviolated” shall be deemed “violated”.
(c) It shall be a violation of this Section for a vacant building to become violated, if the owner has otherwise represented proof to the Inspectional Services Department that such building is unviolated. With respect to a vacant building represented by the owner as unviolated, if the Commissioner determines, based on an inspection by the Inspectional Services Department or a report prepared by another City Agency and provided to the Inspectional Services Department, that such building is violated, the Commissioner shall send by certified mail a written notice of violation to the person responsible for the day-to-day supervision and management of the building or to the authorized agent for service of process as identified on the sign required by division (B) above, or if there is no such sign, then sent by certified mail to the owner of record. Within 30 days of the mailing of such notice of violation, the owner shall be required to comply with this division (C).
(D) Adherence to this Section does not relieve the owner of any applicable obligations set forth in Code regulations, Covenant Conditions and Restrictions and/or Home Owners Association rules and regulations.
(CBC 1985 16-52.4; Ord. 2008 c. 1; Ord. 2010 c. 7)
The Inspectional Services Department shall have the authority and the duty to inspect properties subject to this Section for compliance and to issue citations for any violations. The Inspectional Services Department shall have the discretion to determine when and how such inspections are to be made; provided that their policies are reasonably calculated to ensure that this Section is enforced.
(CBC 1985 16-52.5; Ord. 2008 c. 1)
(A) Failure to initially register with the Commissioner is punishable by a fine of $300.
(B) If applicable, failure to properly identify the name of the local individual or local property management company is punishable by a fine of $300.
(C) Failure to maintain the property is punishable by a fine up to $300 for each week the property is not maintained.
(D) All monies collected pursuant to this Section shall be directed to a specific Inspectional Services Department Enforcement Fund.
(CBC 1985 16-52.6; Ord. 2008 c. 1)
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