Voting:

Board of Selectmen Voted: That Title V, Article 17 be and hereby is amended as follows:

First, that Section 2. (Definitions) is amended to change the definition of “Vacant Building” subpart ‘A’ by striking the word “twenty-one” (and number “21”) and replacing it with the word “ninety” (and number “90”) so as to read:

“Vacant Building" - Any unoccupied non residential commercial or industrial real property which:

A.        Is not legally occupied, is abandoned, or is not used for a period of at least twenty-oneninety (2190) consecutive days or longer by occupants having custody or legal right of entry to such property;

and;

Second, that Section 3.B (Registration) is amended to strike the number “21” and replace it with the number “90” so as to read:

B. The Planning Director and the Building Inspector may jointly exempt a property owner from the provisions of this bylaw upon the presentation of evidence, in such form as may be convincing to them, that the failure to use or occupy a building for a period in excess of 21 90 days does not violate the purpose or intent of this bylaw.

and;

Third, that Section 4 (Annual Registration Fee, Failure to Pay, Waiver) be amended to make annual registration fees due at the time of registration (and annually thereafter) by deleting and inserting language so as to read as follows:

Section 4. Annual Registration Fee, Failure to Pay, Waiver.

A.    On or before October 15 of each calendar year, the Town shall send a billing statement, setting forth the annual registration fee, to the owner of the vacant property.The annual registration fee is due at the time of registration of the vacant property. The property owner will be invoiced on an annual basis until the property is leased or sold. The annual registration fee shall be set by the Board of Selectmen pursuant to M.G.L. c. 40, § 22F.

 

B.    On or before November 15 of each calendar year, the owner of any vacant property shall pay to the Town anThe annual registration fee to covers the administrative cost of monitoring and ensuring the security and proper maintenance of such building, as identified in said billing statement. Failure to pay the annual registration fee shall be a violation of this bylaw, and the full fee shall be deemed an assessment resulting from a violation of this bylaw. Such fee, and fines issued for violations of this bylaw, shall constitute a “municipal charges lien” on the property, to be collected in accordance with MGL c. 40, § 58.

C.    Owners may apply for a waiver of the annual registration fee on or before October 1 of each calendar year, at the time of registration of a vacant property, requesting waiver of some, or the entire fee on grounds of demonstrable financial hardship, or by agreeing in writing to display public art as defined herein for the term of a vacancy. Waivers for public art display will be granted only as sufficient public art is available, appropriate to the location for display, and the Town, artist, owner agree to terms of exhibition as set forth by the Planning Department. Waivers requested on the basis of financial hardship are subject to a 30-day review period. If a waiver based on financial hardship is granted it will be reevaluated on a quarterly basis until property is leased or sold. If a waiver of the registration fee based on financial hardship is denied, the registration fee is due within 30 days of the decision.

 

Board of Selectmen Supplemental Comment:

In subpart “C” on page 10 of the Report of the Board of Selectmen, there is one administrative change to clarify that annual registration fees may be sought each year, not only upon receipt of the initial registration fee, to read as follows:

 

Owners may apply for a waiver of the annual registration fee on or before October 1 of each calendar year, at the time of registration of a vacant property and upon receipt of annual registration fee invoices each year thereafter, requesting waiver of some, or the entire fee on grounds of demonstrable financial hardship, or by agreeing in writing to display public art as defined herein for the term of a vacancy. Waivers for public art display will be granted only as sufficient public art is available, appropriate to the location for display, and the Town, artist, owner agree to terms of exhibition as set forth by the Planning Department. Waivers requested on the basis of financial hardship are subject to a 30-day review period. If a waiver based on financial hardship is granted it will be reevaluated on a quarterly basis until property is leased or sold. If a waiver of the registration fee based on financial hardship is denied, the registration fee is due within 30 days of the decision.