Chelsea, Mass., Ord. ch. 6 art. I § 6-1

(a) Purpose and intent. The city has found that vacant buildings encourage temporary occupancy by transients, drug users and persons engaged in criminal activity; cause surrounding areas to suffer from stagnant or declining property values; and create significant costs to the city by virtue of the need for constant monitoring and occasional cleanup. Accordingly, the purpose of this chapter requiring the registration of all vacant buildings, both residential and commercial, is to assist the city government in protecting the public health, safety and welfare of its residents by encouraging the prompt rehabilitation and permanent occupancy of such abandoned structures.
(b) Definition. For purposes of this chapter, a "vacant building" means any commercial building in which no person or entity actually conducts a lawfully licensed business in such building; or any residential building in which no person lawfully resides in any part of the building or a mixed-use building in which neither a licensed business nor a lawful residents exists. Further, any building in which more than one-half of the total exterior windows and doors are broken, boarded or open without a functioning lock shall be deemed "vacant" regardless of occupancy.
(c) Registration. Within 30 days of a building becoming vacant, each owner of such vacant building shall register said building with the department of inspectional services by providing such department, on a form to be created by such department, with the name, address and telephone number of each owner of the building, the street address of the building, and the name and contact information of an individual who resides within the Commonwealth of Massachusetts and is authorized to accept service of process on behalf of the owners, and who shall be designated as a responsible local agent, both for purposes of notification in the event of any emergency and of service of any and all notices issued pursuant to this chapter. Such person must be able to respond in person to any issues or emergencies that arise within two hours of being notified. Contact information must include a telephone number that is active 24 hours per day. The failure timely to register a vacant building shall be a violation of this chapter.
(d) Maintenance requirements.
(1) Properties subject to this section must be maintained in accordance with the relevant sanitary codes, building codes, and city regulations concerning external and/or visible maintenance. The owner must designate and retain a local individual or local property management company responsible for the security and maintenance of the property. This person may be the same as the local agent identified in subsection (c). Such local individual or local property management company must inspect and maintain the property on a bimonthly basis for the duration of the vacancy.
(2) The property must contain a posting with the name and 24-hour contact phone number of the local individual or local property management company responsible for such maintenance. This sign must be posted on the front of the property so that it is clearly visible from the street.
(3) In addition to maintaining the building to codes, the owner of a vacant building must also promptly repair all broken windows, doors and other openings. Boarding up of open or broken windows and doors is prohibited, unless ISD determines that, due to vandalism or security reasons and due to circumstances out of the owner's control, the proper boarding of windows and doors is necessary for a determined period of time. Boards or coverings must be fitted to the opening size and colored to blend with the existing building color scheme.
(e) Registration fees.
(1) On or before November 15 of each calendar year, the owners of any vacant building shall pay to the department of inspectional services a registration fee to cover the administrative cost of monitoring and ensuring the proper maintenance of such vacant buildings. The annual registration fee shall be based on the duration of the vacancy as of November 15 of such year according to the following schedule:
For properties vacant for less than one year: Commercial--$500.00
Residential--$200.00
For properties vacant for one year or more but less than two years: Commercial--$1,000.00.
Residential--$500.00
For properties vacant for two years or more but less than three years: Commercial--$2,000.00
Residential--$1,000.00
For all properties vacant for more than three years: Commercial--$3,000.00
Residential--$3,000.00
(2) All registration fees collected pursuant to this section shall be directed to the revolving account to cover personnel costs and the board-up fees pertaining to the city's enforcement of this section.
(3) A failure to pay the registration fee required by this section shall be a violation of this section.
(4) All registration fees shall be waived, and all time limits in this section tolled, for any former owner-occupant of a residential building if such formerly owner-occupied residential building is now vacant due to: (i) the illness or infirmity of the former owner-occupant; or (ii) a fire or other natural disaster rendering the property uninhabitable, provided that the former owner occupant is working expeditiously to rehabilitate the property.
(f) Billing statement. On or before October 15 of each calendar year, the department of inspectional services shall send a billing statement, setting forth the required registration fee, to each owner of a vacant building. However, the registration fee set forth in section 6-1 (e)(1) shall be due and payable on November 15 of each year regardless of the delivery or receipt of such billing statement.
(g) Appeal. Any owner assessed a registration fee under this section shall have the right to appeal the imposition of such fee to the office of the city solicitor upon the filing of an application in writing, no later than 15 calendar days after mailing of the billing statement. The appeal request shall be accompanied by a $50.00 nonrefundable appeal cost. The appeal shall be limited solely to the issues of whether the building is vacant and how long the building has been vacant, except that, in circumstances of extraordinary hardship or merit, the city solicitor may waive the fee. The owner shall have the burden of proof on appeal. Upon the proper filing of an appeal, payment of the registration fee shall be stayed pending the outcome on appeal. If the decision is adverse to the owner, the payment shall be due within ten calendar days of the decision of the office of the city solicitor.
(h) Enforcement. Any person or entity violating this section, by failing to register a vacant building, failing to pay the registration fee or otherwise, shall be subject to a fine of up to $300.00 per offense. Each day that the owner is in violation shall constitute a separate offense. The department of inspectional services shall have the right to enforce this chapter pursuant to M.G.L. c. 40U as accepted by the City of Chelsea. This section may also be enforced according to the noncriminal disposition process of M.G.L. c. 40, § 21D.