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penalties described under this section, up until the end of the right to cure period given under <br /> a lawful notice pursuant to G.L. c. 244, §35A (g) and (h). Said fine or fines under this section <br /> shall be recovered by indictment or complaint pursuant to G.L. c. 40, s. 21. Any fines assessed <br /> pursuant to this Act shall not be charged to the mortgagor/homeowner either directly or <br /> indirectly by the creditor/mortgagee <br /> Section 12. The Town of Mashpee is hereby authorized to enact and from time to time to <br /> revise by Act, a reasonable and appropriate mediation registration fee to be charged to the <br /> creditor/mortgagee for the services attendant to administering the Mediation Program <br /> established under this Act. <br /> Section 13. In the event any part of this Act shall be held invalid, such invalidity shall not <br /> invalidate the whole Act but the remaining provisions of this Act shall not be affected thereby. <br /> Section 14. This Act shall take effect no later than sixty (60) days from its passage <br /> Section IL Securing and Maintaining Vacant Properties and Foreclosing Properties <br /> Section (a) Unsecured and unmaintained properties and especially vacant properties present a <br /> danger to the safety and welfare of public safety officers, the public, occupants, abutters and <br /> neighborhoods, and as such, constitute a public nuisance. This section is enacted to promote <br /> the health, safety and welfare of the public, to protect and preserve the quiet enjoyment and <br /> health of occupants, abutters and neighborhoods, and to minimize hazards to public safety <br /> personnel inspecting or entering such properties. <br /> Section (b) The following words and phrases, when used in this section, shall have the <br /> following meanings: <br /> building — any combination of materials having a roof and enclosed within exterior walls or <br /> firewalls, built to form a structure for the shelter of persons or property or as otherwise defined <br /> under the municipality's applicable zoning bylaw. <br /> certificate of closure—certificate issued by the director to the owner of a vacant or foreclosing <br /> property upon compliance with the provisions of paragraph(c) herein. <br /> director—the director of health and housing inspection or other municipal official designated <br /> by the municipality under this Act. <br /> days —consecutive calendar days <br /> fare chief—the chief of the Mashpee Fire Department or his or her designee. <br /> foreclosing —the process by which real property, placed as security for a real estate loan, is <br /> prepared for sale to satisfy the debt if the borrower defaults. <br /> initiation of the foreclosure process —taking any of the following actions: <br /> (i) taking possession of a residential property pursuant to G.L. c. 244, s. l; <br /> (ii) Commencing a foreclosure action on a property in any court of competent jurisdiction, <br /> including without limitation filing a complaint in Land Court under the Servicemembers <br /> Civil Relief Act—Public Law 108-189 (50 U.S.C.S. App. §501-536); <br /> 41 <br />