§ 224-2. Definitions.  


Latest version.
  • The following words and phrases, when used in this chapter, shall have the following meanings:
    FIRE CHIEF
    The Fire Chief of the Fire District in which any property subject to this chapter is located, or his or her designee.
    FORECLOSING
    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.
    INITIATION OF THE FORECLOSURE PROCESS
    Taking any of the following actions:
    A. 
    Taking possession of a residential property pursuant to MGL c. 244, § 1.
    B. 
    Commencing a foreclosure action on a property in any court of competent jurisdiction, including, without limitation, filing a complaint in Land Court under the Service Members Civil Relief Act, Public Law 108-189 (50 U.S.C. App. §§ 501-596).
    C. 
    In any instance, where the mortgage authorizes the mortgagee entry to make repairs upon the mortgagor's failure to do so.
    MAINTENANCE
    Keeping property in good sanitary condition and repair, including, without limitation the following: securing the property by locking and boarding of buildings; draining or covering swimming pools and fencing the immediate areas surrounding swimming pools; and removal from the property of perishable food items, dangerous substances or chemicals, animal litter, debris, trash, indoor items, such as furniture, appliances, plumbing fixtures and bedding, not kept in a building, and snow from adjacent sidewalks.
    MORTGAGEE
    The creditor, including, but not limited to, service companies, agents, lenders in a mortgage agreement, and any successor in interest and/or assignee of the mortgagee's rights, interests or obligations under the mortgage agreement.
    OWNER
    Every person, entity, service company, property manager or real estate broker who or which, alone or severally with others:
    A. 
    Has legal title to any real property, including but not limited to a dwelling, dwelling unit, mobile dwelling unit, or parcel of land, vacant or otherwise, including a mobile home park; or
    B. 
    Has care, charge or control of real property, including but not limited to any dwelling, dwelling unit, mobile dwelling unit, or parcel of land, vacant or otherwise, including a mobile home park, or any administrator, administratrix, executor, trustee or guardian of the estate of the holder of legal title; or
    C. 
    Is a mortgagee of any such property who has initiated the foreclosure process as defined in this chapter; or
    D. 
    Is an agent, trustee or other person appointed by the courts and vested with possession or control of any such property; or
    E. 
    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, "owner" shall not mean 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
    F. 
    Operates a rooming house; or
    G. 
    Is a trustee who holds, owns or controls mortgage loans for mortgage-backed securities transactions and has initiated the foreclosure process.
    PROPERTY
    Any real property, or portion thereof, located in the Town, including municipally owned and commercial properties, and buildings or structures situated on the property; provided, however, that "property" shall not include property owned or under the control of the commonwealth or the United States of America.
    VACANT
    Any property not currently legally occupied and not properly maintained and secured, but not including any property unoccupied on a seasonal basis only and properly secured and maintained while so unoccupied.