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Boston addresses maintenance of foreclosed properties

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May 09, 2008


An ordinance approved by the Boston City Council on May 5 and signed into law by Mayor Thomas Menino seeks to limit the likelihood that properties involved in foreclosure proceedings will become eyesores.

The ordinance, similar to one enacted in Lawrence in March, requires that all foreclosed properties be registered with the city and that the company holding the mortgage provide contact information for an office or agent responsible for maintaining the property. The office or agent must be located within 20 miles of the property in question.

The owners of foreclosed properties must pay an annual fee of $100. Failure to maintain the property is punishable by a fine of up to $300 per week.

In a press release, Councillor Rob Consalvo, the sponsor of the ordinance, said mortgage holders of properties subject to foreclosure are typically large financial institutions located out of state, making it difficult for local officials to ensure that codes are enforced.

“Banks and other financial institutions are refusing to maintain properties,” Consalvo stated, “and municipal building inspectors have turned into investigators as they try to find out who the owners are and how to contact them to correct code violations.”

In many instances, cities end up responsible for tasks such as boarding up windows, rectifying fire hazards, and dealing with abandoned swimming pools.

As the nationwide mortgage foreclosure crisis has worsened, many cities have taken steps to limit its impact on their communities.

An initiative in Worcester, for example, focuses on the upkeep of properties in foreclosure, before they deteriorate and tenants are evicted. Two members of the Fall River City Council recently introduced a measure, modeled on a Revere law, that would require owners of vacant buildings to register the properties with the city within 45 days of their becoming vacant.