Barnstable |
Code of Ordinances |
Part I. General Ordinances |
Chapter 224. Vacant and Foreclosing Properties |
§ 224-2. Definitions.
Latest version.
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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.