[Adopted 10-18-2011 by Ord. No. 741]
It is the purpose and intent of the Borough of Trafford to establish
a process to address the amount of abandoned personal and real property
located within the Borough. It is the Borough's further intent
to specifically establish an abandoned residential property program
as a mechanism to protect residential neighborhoods from becoming
blighted through the lack of adequate maintenance and security of
abandoned properties.
The following words, terms and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
Wrecked or derelict property which has been left abandoned
and unprotected from the elements and shall include wrecked, inoperative
or partially dismantled motor vehicles, trailers, boats, machinery,
refrigerators, washing machines, plumbing fixtures, furniture and
any other similar article which has been left abandoned and unprotected
from the elements.
Any property that is vacant and is under a current notice
of default and/or notice of mortgagee's sale by the lender or
appending tax assessors lien sale and/or properties that have been
the subject of a foreclosure sale where the title was retained by
the beneficiary of a mortgage involved in the foreclosure and any
properties transferred under a deed in lieu of foreclosure or sale.
A property that is accessible through a compromised/breached
gate, fence, wall, etc.
A structure/building that is unsecured and/or breached in
such a way as to allow access to the interior space by unauthorized
persons.
Any full-time law enforcement officer, building official,
zoning inspector, code enforcement officer, fire inspector or building
inspector employed within the Borough.
Any condition that on its own, or combined with other conditions
present, would lead a reasonable person to believe that the property
is vacant. Such conditions may include, but not be limited to, overgrown
and/or dead vegetation, accumulation of abandoned real property, as
defined herein, statements by neighbors, passersby, delivery agents
or government agents, among other evidence that the property is vacant.
The process by which a property, placed as security for a
real estate loan, is sold at public sale to satisfy the debt if the
borrower defaults.
Any wrecked or partially dismantled vehicle that is parked
or stored without having all the wheels mounted, or is in a condition
of substantial disrepair, or which is parked or stored without having
tires inflated, or other similar condition.
The value of an article of abandoned derelict property which
a reasonably prudent person would believe is the fair market value
of the property, taking into consideration its useful life, earning
capacity or replacement cost, less depreciation and items of general
or special depreciation, would be nominally greater than the costs
of salvage, including the removal, transportation, storage and sale
of same.
All lands and improvements other than public lands and improvements.
A local property manager, property maintenance company or
similar entity responsible for the maintenance of abandoned real property.
Canals, all waterways, lands and improvements owned by a
governmental body or any governmental agency, including but not limited
to easements and rights-of-way, but excluding the campus of any institution
of the state university system.
Any improved real property, or portion thereof, situated
in the Borough, designed or permitted to be used for dwelling purposes,
and shall include the buildings and structures located on such improved
real property.
Any building/structure that is not legally occupied.
This article shall be considered cumulative and not superseding
or subject to any other law or provision for same, but shall rather
be an additional remedy available to the Borough above and beyond
any other state, county and/or local provisions for same.
All abandoned personal property and abandoned real property
is hereby declared to be a public nuisance, the abatement of which,
pursuant to the police power, is hereby declared to be necessary for
the health, welfare and safety of the residents of the Borough.
A.
When an enforcement officer ascertains that an article of personal
property having nominal salvage value lies abandoned or derelict upon
private property, that officer shall:
(1)
Cause a notice to be placed upon such abandoned property in the substantially
following form:
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NOTICE TO THE OWNER AND ALL PERSONS INTERESTED IN THE ATTACHED
PROPERTY:
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THIS PROPERTY, TO WIT:
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(setting forth brief description)
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LOCATED AT:
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(setting forth brief description of location) is:
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IMPROPERLY STORED AND IS IN VIOLATION OF
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(setting forth ordinance or violation violated)
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AND MUST BE REMOVED WITHIN FIVE DAYS FROM THE DATE OF THIS NOTICE;
OTHERWISE IT SHALL BE PRESUMED TO BE ABANDONED PROPERTY AND WILL BE
REMOVED AND SOLD OR DESTROYED BY ORDER OF THE BOROUGH OF TRAFFORD,
PA, DATED THIS:
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(setting forth the date of posting of notice)
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SIGNED
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(setting forth name, title, address and telephone number of
enforcement officer).
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(2)
Such notice shall be not less than eight inches by 10 inches and
shall be sufficiently weatherproof to withstand normal exposure to
the elements.
B.
The enforcement officer shall also make reasonable effort to ascertain
the name and address of the owner of the abandoned property and, if
such address is reasonably available, the officer shall mail, by certified
mail, a copy of the notice to the owner on or before the date of posting
the above-described notice on the abandoned personal property.
C.
The enforcement officer shall mail, by certified mail, a copy of
the above-described notice to the owner of the real property upon
which the abandoned personal property is located, as shown by the
real estate tax records used by the county or any other address provided
to the local government by such owner, on or before the date of posting
such notice.
A.
If at the end of five days after posting notice under this article
the owner or any person interested in such abandoned personal property
described in the notice has not removed same, the enforcement officer
may cause the article of abandoned personal property to be removed
and destroyed, and the salvage value, if any, of such article shall
be retained by the Borough to be applied to the cost of removal and
destruction thereof.
B.
Before destruction, for abandoned property on public lands or private
lands, at the end of the five-day period of posting of such notice,
if the owner or person having interest in the property has not removed
the abandoned property from public or private property, or shown reasonable
cause for failure to do so, the Borough may cause the property so
described to be removed by a towing company who shall cause the article
or articles of abandoned property to be removed and placed in storage
if applicable with the local, state and federal regulations. At the
conclusion of the required storage, if the article is not claimed
and if the salvage value is above $100, the towing company shall pay
the Borough of Trafford the sum of $25 or 10% of such value, whichever
is greater, for the administrative costs in handling with said article.
If the article is claimed, the Borough shall receive $25 as an administrative
fee.
C.
It is unlawful to remove abandoned personal property, including inoperative
vehicles, from private property to public property after the posting
of said property by an enforcement officer.
D.
An inoperative vehicle shall not be on private property unless it
is within a completely enclosed building structure or a designated
storage area, which includes a wall or hedge to screen the stored
inoperative vehicle from view.
E.
In the event that the abandoned property is deemed to be an imminent
public health and safety hazard, an enforcement officer is authorized
to remove the property immediately. Subsequent to the removal of the
abandoned property, the Borough shall make reasonable and diligent
efforts to ascertain the owner and take the applicable action. If
the abandoned property is on private property, the private property
owner shall be provided notice and assessed the cost of removal of
the abandoned property and any required cleanup of the private property.
A.
Any mortgagee who holds a mortgage on real property located within
the Borough shall perform an inspection of the property that is the
security for the mortgage, upon default by the mortgagor, prior to
the issuance of a notice of default. If the property is found to be
vacant or shows evidence of vacancy, it shall be deemed abandoned,
and the mortgagee shall, within 10 days of the inspection, register
the property with the Director of Development Services, or his or
her designee, on forms provided by the Borough.[1] A registration is required for each vacant property.
[1]
Editor's Note: A copy of said form is included at the
end of this chapter.
B.
If the property is occupied but remains in default, it shall be inspected
by the mortgagee or his designee monthly until the mortgagor or other
party remedies the default, or it is found to be vacant or shows evidence
of vacancy at which time it is deemed abandoned, and the mortgagee
shall, within 10 days of that inspection, register the property with
the director of development services, or his or her designee, on forms
provided by the Borough.
C.
Registration, pursuant to this section, shall contain the name of
the mortgagee, the direct mailing address of the mortgagee, a direct
contact name and telephone number of mortgagee, facsimile number and
e-mail address and, in the case of a corporation or out-of-area mortgagee,
the local property management company responsible for the security
and maintenance of the property.
D.
An annual registration fee in the amount of $150, per property, shall
accompany the registration form(s).
E.
This section shall also apply to properties that have been the subject
of a foreclosure sale where the title was transferred to the beneficiary
of a mortgage involved in the foreclosure and any properties transferred
under a deed in lieu of foreclosure/sale.
F.
Properties subject to this section shall remain under the annual
registration requirement and security and maintenance standards of
this section as long as they remain vacant.
G.
Any person or corporation that has registered a property under this
section must report any change of information contained in the registration
within 10 days of the change.
A.
Properties subject to this chapter shall be kept free of weeds, overgrown
brush, dead vegetation, trash, junk, debris, building materials, any
accumulation of newspapers, circulars, flyers, notices, except those
required by federal, state or local law, discarded personal items,
including, but not limited to, furniture, clothing, large and small
appliances, printed material or any other items that give the appearance
that the property is abandoned.
B.
The property shall be maintained free of graffiti or similar markings
by removal or painting over with an exterior-grade paint that matches
the color of the exterior structure.
C.
Front, side and rear yard landscaping shall be maintained in accordance
with the Borough's standard at the time registration was required.
D.
Landscape shall include, but not be limited to, grass, ground covers,
bushes, shrubs, hedges or similar plantings, decorative rock or bark
or artificial turf/sod designed specifically for residential installation.
Landscape shall not include weeds, gravel, broken concrete, asphalt
or similar material.
E.
Maintenance shall include, but not be limited to, watering, irrigation,
cutting and mowing of required landscape and removal of all trimmings.
F.
Pools and spas shall be maintained so the water remains free and
clear of pollutants and debris. Pools and spas shall comply with the
enclosure requirements of the Codified Ordinances of the Borough of
Trafford as well as the Uniform Construction Code and/or the International
Property Maintenance Code, as amended from time to time.
G.
Failure of the mortgagee and/or property owner of record to properly
maintain the property may result in a violation of the Borough Code
and issuance of a citation or notice of violation/notice of hearing
by the Borough's Code Enforcement Officer. Pursuant to a finding
and determination by the Borough's special magistrate, the Borough
may take the necessary action to ensure compliance with this section.
A.
Properties subject to this section shall be maintained in a secure
manner so as not to be accessible to unauthorized persons.
B.
A "secure manner" shall include, but not be limited to, the closure
and locking of windows, doors, gates and other openings of such size
that may allow a child to access the interior of the property and/or
structure. Broken windows shall be secured by reglazing or boarding
of the window.
C.
If the property is owned by a corporation and/or out-of-area mortgagee,
a local property management company shall be contacted to perform
biweekly inspections to verify compliance with the requirements of
this section and any other applicable laws.
D.
Posting.
(1)
The property shall be posted with the name and twenty-four-hour contact
phone number of the local property management company. The posting
shall be no less than an eight-inch-by-ten-inch sign. The posting
shall contain the following language:
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THIS PROPERTY IS MANAGED BY:
TO REPORT PROBLEMS OR CONCERNS CALL:
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(2)
The posting shall be placed on the interior of a window facing the
street to the front of the property so it is visible, or secured to
the exterior of the building/structure facing the street to the front
of the property so it is visible or, if no such area exists, on a
stake of sufficient size to support the posting in a location as close
as possible to the main door entrance of the property. Exterior postings
shall be constructed of and printed with weather-resistant materials.
E.
The local property management company shall inspect the property
on a biweekly basis to ensure that the property is in compliance with
this section. Upon the request of Borough, the local property management
company shall provide a copy of the inspection reports to the code
enforcement division.
F.
Failure of the mortgagee and/or property owner of record to properly
maintain the property may result in a violation of the Borough Code
and issuance of a citation or notice of violation/notice of hearing
by the Borough's Code Enforcement Officer. Pursuant to a finding
and determination by the Borough's special magistrate, the Borough
may take the necessary action to ensure compliance with this section.
Whoever opposes, obstructs or resists any enforcement officer
or any person authorized by enforcement office in the discharge of
duties as provided in this section, upon conviction shall, in addition
to any other charges, be deemed in violation of the terms of this
article and subject to the penalties set forth herein.
Any enforcement officer or any person authorized by the enforcement
officer shall be immune from prosecution, civil or criminal, for reasonable,
good faith trespass upon real property while in the discharge of duties
imposed by this article.
The Borough of Trafford, or its designee, shall have authority
to require the mortgagee and/or owner of record of any property affected
by this article to implement additional maintenance and/or security
measures, including, but not limited to, securing any and all door,
window or other openings, employment of on-site security guard, or
other measures as may be reasonably required to help prevent further
decline of the property.
Any person violating this article shall be subject to a fine
of not less that $100 nor more than $1,000, plus actual costs of enforcement
incurred, including attorneys fees. Each day a violation occurs shall
constitute a separate offense, regardless of whether a separate citation
is issued which could lead to an additional fine for each day the
violation is permitted to exist.
