ARTICLE XXII22

REGULATION AND MAINTENANCE OF VACANT AND FORECLOSING PROPERTIES

1. INTRODUCTION

Many properties being foreclosed upon by institutions frequently remain abandoned or become dilapidated for months and years at a time during and after the foreclosure process. This often creates attractive public nuisances, unsecured properties open to weather, vandalism and illegal occupancy, unsafe conditions, and violations of multiple aspects of the State Building Code and State Sanitary Code. Such properties encourage blight, reduce real estate values of surrounding properties and neighborhoods, and create significant maintenance and monitoring costs to the Town of Canton. The institutions who perform foreclosures or who own properties after foreclosure often have little to no connection with the Town and are removed from the communities affected. Furthermore, they frequently fail to provide any identification or contact information to allow the Town to determine who the owners of properties are or to contact them regarding violations of applicable laws, codes, regulations and Town bylaws.

2. PURPOSE The purpose of this Bylaw is to protect and preserve the health, safety, security and general welfare of the public and occupants, abutters and neighborhoods by requiring all Owners of Distressed Property to register with the Town and to properly maintain Distressed Property, and, by doing so, expediting the (1) remediation of violations of any applicable laws, codes, regulations and bylaws, (2) rehabilitation and permanent legal occupancy of Distressed Property, and (3) protection of public health, safety and welfare.

3. DEFINITIONS When used in this Bylaw, unless a contrary intention clearly appears, the following terms shall have the following meanings: “Abandoned Property” means any vacant Property and/or any Property not currently legally occupied. “Board” means the Town of Canton Select Board. “Bylaw” means the provisions of this Article XXII of the Town of Canton General By-laws.

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“Commissioner” means the Town of Canton’s Building Commissioner. “Contact Information” means a person’s: (a) name, (b) mailing address, which shall include a street number, street name, city/town and zip code and which may not be a P.O. Box, (c) telephone number where that person may be reached during regular business hours (8:30 A.M. - 5:00 P.M. E.S.T.) and (d) email address. “Dilapidated Building” means any building or structure, or portion thereof, that: (a) shows sign of decay, deterioration or full or partial ruination through neglect or misuse, (b) is unsafe or not structurally sound, and/or (c) is otherwise unfit for healthy or safe habitation or access. “Distressed Property” means: (a) any Property in Foreclosure; (b) any Abandoned Property or any Property showing Evidence of Abandonment; (c) any Dilapidated Building; and/or (d) any Property where the Owner, by their or its action or inaction, has created or failed to correct a material health and/or safety condition at a Property. A material health and/or safety condition may be found where the health, safety and welfare of persons, the neighborhood or general public is or may be at risk, including but not limited to instances where: (1) a building is vacant for any length of time that is inconsistent with its use as a residential, commercial or industrial building and/or premises; (2) there exists a lack of maintenance and/or a deterioration of a building or grounds which actually or potentially poses a risk to the public health, safety, security and welfare and/or to the enjoyment of occupants, abutters and/or neighborhoods; (3) the structural vandalism of a building or grounds has gone unrepaired; and/or (4) a lack of maintenance, a use or a deterioration of a building and/or premises promotes a degradation of the surrounding neighborhood adversely affecting public health, safety, security and welfare or the enjoyment of occupants, abutters or neighborhoods. “Evidence of Abandonment” means any Property that independently or in the context of the totality of circumstances would lead a reasonable person to believe that a Property is Abandoned Property or occupied by a person without a legal right of occupancy. Such conditions include but are not limited to: (1) overgrown grass (1 foot or higher) or noticeable amounts of dead vegetation; (2) accumulation of unclaimed newspapers, circulars, flyers or mail; (3) past-due utility notices or disconnected utilities; (4) accumulation of trash, garbage, junk or debris; (5) the absence of window coverings such as curtains, blinds or shutters; (6) the absence of furnishings or personal items consistent with habitation; (7) a swimming pool in such disrepair that a dangerous condition may exist; and/or (8) reports by 201

neighbors, passersby, delivery agents or government employees that the Property is Abandoned Property. “Foreclosure” means the process by which a Property serving as security for a loan or other debt is taken to satisfy such loan or debt, regardless of what stage the process is in (from the Initiation of the Foreclosure Process through the conclusion of any such process) and whether the process entails foreclosure by sale, by entry or by action. “Initiation of Foreclosure Process” means taking any of the following actions: (a) taking possession of a Property pursuant to G.L. c. 244, § 1; (b) delivering a notice of intention to foreclose on a Property pursuant to G.L. c. 244, § 17B; or (c) commencing a foreclosure action on a Property in either the Land Court or Superior Court. “Local” means within twenty (20) driving miles distance of the property in question. “Mortgagee” means a mortgagee or creditor that holds rights, title or interests to a Property pursuant to a mortgage or security agreement, and shall include but not be limited to lenders in a mortgage agreement, service companies and their agents, employees, successors in interest and assignees. “Owner” and “Owners” mean every person, entity, service company, property manager or real estate broker, who alone or severally with others: (a) has legal or equitable title to any Property by Foreclosure, transfer, court order or otherwise; (b) is a Mortgagee that has undertaken any Initiation of Foreclosure Process; (c) is a Mortgagee in possession of a Property; (d) is a trustee who holds, owns or controls mortgage loans for mortgage-backed securities transactions and has undertaken any Initiation of Foreclosure Process; (e) has care, charge, custody or control of any Property in any capacity, including but not limited to as trustee, agent, fiduciary or other personal representative (e.g., executor/executrix, administrator/administratrix, guardian or conservator) of the estate of the holder of legal title; (f) is an agent, trustee or other person appointed by a court and vested with possession, receivership or control of any Property; and/or (g) is an officer or trustee for the organization of unit owners of a condominium created pursuant to G.L. c. 183A, except however, this Bylaw shall not apply to such officers or trustees to the extent that the officers or trustees, on behalf of the organization of unit owners, enforce a lien placed on a unit in their condominium for unpaid

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delinquent common expenses, fees, assessments and other charges pursuant to G.L. c. 254, §§ 5 and 5A. “Property” means any improved or unimproved real property or portions thereof located in the Town, together with the buildings, structures thereon and appurtenances thereto, including but not limited to dwellings, dwelling units, mobile dwelling units and commercial properties, or any portions thereof, situated on, over and under such real property regardless of condition and regardless as to whether such real property is used for residential, commercial, industrial or other purposes. For purposes of this Bylaw, “Property” shall not include property owned by the Town. “Town” means the Town of Canton.

4. REGISTRATION OF VACANT AND/OR FORECLOSING PROPERTY; DUTY TO PROVIDE WRITTEN NOTICE OF DISTRESSED PROPERTY, FORECLOSURE AND CHANGE OF LOCAL PROPERTY MANAGER (a) Filing of Registration. All Owners of Distressed Property in the Town must initially register such Distressed Property with the Commissioner as provided herein and on forms provided by the Commissioner, if any, within ten (10) days of becoming the Owner of the Distressed Property or within forty five (45) days of the effective date of this Bylaw, whichever is later. (b) Content of Registry Filing. All such registrations must state the correct street number and street name of the Distressed Property, the map, block and parcel number of the Distressed Property, all Contact Information of the Owner, and all Contact Information for the authorized agent of such Owner with regard to such Distressed Property, and shall otherwise be provided in the manner prescribed by G.L. c. 59, § 57D. The mailing address may not be a P.O. Box. If an Owner of Distressed Property does not reside or have a usual place of business in the Commonwealth of Massachusetts, then such Owner’s registration shall also include all Contact Information for (1) a person who resides within the Commonwealth of Massachusetts and is authorized to accept service of process on behalf of the Owner and who shall be designated as the Owner’s agent for purpose of receiving all notices issued pursuant to this Bylaw, and (2) a Local individual or Local property management company who shall be responsible for the security and maintenance of the Distressed Property as required by this Bylaw. If the Owner or Owner’s agent is a corporation, company, trust, association or other entity or organization, then such registration shall also provide all Contact Information of an individual person who has the authority to make decisions and to undertake actions regarding the Distressed Property, including but not limited to decisions and actions related to compliance with the State Building Code and/or State Sanitary Code, work to and rehabilitation of the Distressed Property and all its facilities and improvements, and other maintenance of the Distressed Property. (b) Condition of Distressed Property at Time of Filing. This initial registration and all subsequent annual registrations must also certify that

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the Distressed Property was inspected and identify whether the Distressed Property is vacant or in Foreclosure at the time of filing the registration. If the Distressed Property is vacant or in Foreclosure at the time of any such registration, then the Owner must provide in the registration form all Contact Information of the Local individual or Local property management company responsible for the security and maintenance of the Distressed Property as required by this Bylaw. (c) Change of Ownership. In the event the ownership of any Distressed Property changes subsequent to registration, then both the former and current Owner of the Distressed Property shall be jointly and severally responsible to provide to the Commissioner within ten (10) days of the change of ownership written notification of such change in ownership and a completed registration form for the new Owner of the Distressed Property as required above. (d) Change of Contact Information. If any Contact Information of any Owner of Distressed Property or that Owner’s agent changes at any time, then such Owner shall submit to the Commissioner a new registration form as required above, setting forth all the Owner’s and/or Owner’s agent’s new Contact Information in the manner required above, together with any applicable fees. (e) Notice of Violation to Apparent Owner. Without limiting the generality of the provisions of this Section 4, if the Commissioner, in the Commissioner’s sole judgment, determines that a Property is a Distressed Property and provides to the party appearing to be the Owner of such Distressed Property pursuant to records on file with the Town or otherwise readily available a written notice that such party appears to be the Owner of Distressed Property in the Town and such party is responsible to comply with this Bylaw, then such party must: (a) as the Owner of the Distressed Property, register the Distressed Property with the Town within ten (10) days of the date of such notice and otherwise comply with this Bylaw, or (b) provide to the Commissioner within ten (10) days of the date of such notice evidence satisfactory to the Commissioner that such party is not the Owner of such Distressed Property and any information regarding the new Owner of the Distressed Property that such party may have, including but not limited to all the new Owner’s Contact Information. (f) Annual Registration; Expiration. All initial registrations are valid until the earlier of the date that (a) is one calendar year from the date the initial registration is received by the Commissioner at which time such registrations shall expire, or (b) the Owner submitting such initial registration form no longer owns the Distressed Property. Owners of Distressed Property shall file annual registrations every year on or before the date that initial registrations expire. (g) Failure to Register. Failure to register a Distressed Property as required by this Section 4 shall be a violation of this Bylaw. 204

5. INITIAL REGISTRATION FEE; ANNUAL REGISTRATION FEE; FAILURE TO PAY When registering Distressed Property pursuant to this Bylaw, the Owner of the Distressed Property shall pay to the Town, together with the submission of any registration forms, fees to be set by the Board pursuant to G.L. c. 40, § 22F to cover the administrative cost of monitoring and ensuring the security and proper maintenance of such Distressed Property. All registration fees, fines and other charges due and payable to the Town pursuant to this Bylaw shall be due and payable regardless of the delivery by the Town or receipt by any Owner of any billing statement or other notice of such fees, fines or other charges. Failure to pay any fees as required by this Bylaw shall be a violation of this Bylaw, and the full amount of all unpaid fees due under and fines issued for violations of this Bylaw not paid by the date due shall constitute a “municipal charges lien” on the Distressed Property in accordance with G.L. c. 40, § 58.

6. SECURITY, MAINTENANCE AND INSPECTIONS OF DISTRESSED PROPERTY The Owner of Distressed Property shall secure all structures at the Distressed Property from the weather and in such a manner as to prevent access by unauthorized persons and by pests, including but not limited to the following: (a) closing and locking of all windows, doors (including garage doors), gates, swimming pools and any other opening of such size that it may allow a child to access the interior of such structures; (b) re-glazing or boarding of all broken windows; (c) implementing additional maintenance and/or security measures as may be directed by the Commissioner, including but not limited to installing additional lighting for security, increasing frequency of on-site inspections, employing an on-site security guard(s), disconnecting utilities and removing meter boxes, or carrying out measures as may be required to stop the structural decline of the Distressed Property; (d) elimination of unsanitary conditions at the Distressed Property; and (e) removal from the Distressed Property of all materials, waste, garbage, rubbish, chemicals and substances that actually or potentially create nuisances or pose a risk to the public health, safety or welfare. The Owner of Distressed Property must regularly inspect and maintain any Distressed Property at least once every two (2) weeks to ensure that such Distressed Property is in compliance with this Bylaw, as well as the State Sanitary Code, the State Building Code and all other applicable laws, regulations and bylaws. If the Owner of Distressed Property does not have a Local residence or Local usual place of business, then such Owner shall retain a Local individual or Local property management company to be responsible to secure, inspect and maintain the Owner’s Distressed Property as required by this Bylaw.

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The Commissioner shall have the authority to inspect all Distressed Property subject to this Bylaw for compliance and to issue citations for any violations. The Commissioner shall have the discretion to determine when and how such inspections are to be made in the enforcement of this Bylaw.

7. POSTING The Owners of Distressed Property shall post on the Distressed Property the name and 24-hour contact telephone number of a Local manager of the Property as follows: “THIS PROPERTY MANAGED BY [Insert Name of Property Manager]. TO REPORT PROBLEMS OR CONCERNS PLEASE CALL [Insert 24-hour local contact phone number].” The posting shall be no less than 18 inches by 24 inches and shall be conspicuously located and clearly legible from a distance of 50 feet from a public way abutting the Distressed Property. If no public way abuts the Distressed Property, then such posting shall be conspicuously located and clearly legible from a distance of 50 feet from the closest private street (as opposed to a driveway or common driveway) abutting the Distressed Property. If the Distressed Property includes a Dilapidated Building or other building or structure, then such posting shall be placed on the interior of a window on the front of the Dilapidated Building and/or other building or structure facing the main abutting public way (or private way if no public way is abutting) or secured to the front exterior of the Dilapidated Building or other building or structure facing the main abutting public way (or private way if no public way is abutting) or, if no such area exists, on a stake of sufficient size to Secure the posting in a location that is visible from such ways but not readily accessible to vandals. Exterior postings must be constructed of, and printed with weather-resistant materials.

8. ENFORCEMENT AND PENALTIES All violations of this Bylaw, including but not limited to any failure to register a Distressed Property as required by this Bylaw, to pay a registration fee or to hire a Local property manager for a distressed Property, shall be subject to a fine of Three Hundred Dollars ($300.00) per offense and each day any such violations continue shall constitute a separate offense. The Commissioner or the Commissioner’s designee and/or any Police Officer of the Town shall have the right to enforce this Bylaw pursuant to the non-criminal disposition procedures set forth in Article 1, Section 2 of the Town of Canton General By-Laws. This Bylaw shall not supersede, preempt or negate any other legal authority of the Commissioner or other public body or official to act independently on such matters.

9. REQUEST FOR WAIVER OR STAY FROM PAYMENT OF FEES Any Owner of Distressed Property aggrieved by any fees due under this Bylaw may appeal to the Select Board or the Board’s designee such fees by delivering to the Select Board within ten calendar (10) days of the date such fees are due a 206

written request for the Board to waive or to stay the payment of fees due pursuant to this Bylaw. The appeal request must be accompanied by a non-refundable appeal cost to be set by the Select Board pursuant to G.L. c. 40, § 22F. Upon the proper filing of an appeal, payment of the registration fee shall be stayed pending the outcome of the appeal. The Select Board or its designee may, in its, or their sole discretion, vote to waive or stay the payment of all or any part of any fees due to the Town pursuant to this Bylaw. If, upon appeal, the Select Board votes or its designee decides not to waive all fees due under this Bylaw, then the Owner, without further notice or action required by the Town, shall pay to the Town within ten (10) calendar days of such vote or decision the total amount of the fees due to the Town under this Bylaw. If, upon appeal, the Select Board votes or its designee decides to stay all or any part of the fees due to the Town under this Bylaw, then the Owner without further notice or action required by the Town, shall pay to the Town within ten (10) calendar days of such vote or decision the total amount of fees due.

10. NOTICE The Commissioner may cause notice of this Bylaw to be mailed or delivered to Owners of Distressed Property in the Town, based upon ownership and contact information readily ascertainable and available from records on file with the Town; except however, no failure by the Commissioner to deliver such notice or failure by the Owners to receive notice of this Bylaw shall affect the operation or enforcement of this Bylaw.

11. APPLICABILITY AND OTHER VIOLATIONS If any provision of this Bylaw imposes greater restrictions or obligations than those imposed by any other general laws, special laws, regulations, rules, bylaws, orders, or policies then the provisions of this Bylaw shall control. The provisions of this Bylaw are in addition to, and not in lieu of, any and all other applicable provisions of the Town of Canton General By-laws, Town of Canton Zoning By-laws and all other federal, state and Town laws, regulations and codes.

12. SEVERABILITY If any provision of this Bylaw is held by a court of competent jurisdiction to be invalid, then such provision shall be considered separately and apart from the remaining provisions, which shall remain in full force and effect.

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