Pittsfield, Mass., Code of Bylaws ch 3half § 3 1/2-2

[ Ord. No. 1047 , § I, 10-26-2010 ; Ord. No. 1062 , 7-10-2012 ] When used in this chapter, unless a contrary intention clearly appears, the following terms shall have the following meanings: CITY City of Pittsfield. CODE ENFORCEMENT OFFICER One or more of the following: A. The Building Commissioner and/or their designated agent. [ Ord. No. 1332 , 11-13-2025 ] B. The Director of Public Health and/or their designated agent. C. The Fire Chief and/or their designated agent. DAYS Consecutive calendar days. FORECLOSURE 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: (1) taking possession of a residential property pursuant to MGL c. 244, § 1 ; (2) delivering the mortgagee's notice of intention to foreclose to the borrower pursuant to MGL c. 244, § 17B ; or (3) commencing a foreclosure action on a property in either the Land Court or Superior Court. MORTGAGEE The creditor, including, but not limited to, service companies, lenders in a mortgage agreement and any agent, servant or employee of the mortgagee, or any successor in interest and/or assignee of the mortgagee's right, interest or obligation under the mortgage agreement. NON-OWNER-OCCUPIED Any residential property, for which the property owner does not reside. OWNER Every person, entity, service company, or property manager who, alone or severally with others: A. Has legal or equitable title to any dwelling, dwelling unit, mobile dwelling unit, or parcel of land, vacant or otherwise, including a mobile park; or B. Has care, charge or control of any dwelling, dwelling unit, mobile dwelling unit or parcel of land, vacant or otherwise, including a mobile park, in any capacity, including but not limited to agent, executor, executrix, administrator, administratrix, trustee or guardian of the estate of the holder of legal title; or C. Is a mortgagee in possession of any property; or D. Is an agent, trustee, or other person appointed by the court 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 provision of these minimum standards as if they were the owner. However, this chapter shall not apply to a condominium association created pursuant to MGL c. 183A to the extent that such association forecloses on or initiates foreclosure process for unpaid assessments due or owing to the association. "Owner" also means every person who operates a rooming house; or F. Is a trustee who holds, owns or controls mortgage loans for mortgage-backed securities transactions and has initiated the foreclosure process. PROPERTY Any real, residential property, or portion thereof, located in the City, including buildings or structures situated on the property. For the purpose of this section only, "property" does not include property owned by or subject to the control of the City or any of its governmental bodies. Such property includes, but is not limited to, property owned or controlled by the Pittsfield Housing Authority. REPRESENTATIVE The person primarily responsible for the maintenance of property at all times of the day and night. RESIDENTIAL PROPERTY Any property that contains one or more dwelling units used, intended, or designed to be occupied for living purposes. SECURING Conforming with the State Building and Fire Codes, including but not limited to requiring the owner to: A. Remove all materials determined by the Fire Chief or Code Enforcement Officer to be dangerous in case of fire. B. Secure all floors accessible from grade utilizing one of the following methods so long as such method is approved by the Fire Chief and Code Enforcement Officer in writing. C. Secure all window and door openings in accordance with the U.S. Fire Administration, National Arson Prevention Initiative: Board Up Procedures, continuously until such time as the building is reoccupied. D. Maintain any existing fire alarms or sprinkler systems unless written permission is obtained from the Fire Chief in accordance with MGL c. 148, § 27A , to shut off or disconnect said alarms or systems. E. Maintain utilities unless written permission is obtained from the Code Enforcement Officer to disconnect said utilities. Permission to disconnect utilities shall not be granted if it will result in inadequate heat to prevent freezing of an automatic sprinkler system or inadequate utilities to maintain any other protection systems. SECURITY Measures that assist in making the property inaccessible to unauthorized persons. VACANT Any property not currently legally occupied for 180 days or more and which the owner does not intend to reoccupy.