[HISTORY: Adopted by the Mayor and Borough Council of the
Borough of Berlin 11-10-2016 by Ord. No. 2016-19. Amendments noted where applicable.]
It is the purpose and intent of the Borough to establish a process
to address the deterioration, crime and decline in value of the Borough
of Berlin neighborhoods caused by property with defaulted mortgages
located within the Borough, and to identify, regulate, limit and reduce
the number of these properties located within the Borough. It is the
Borough's further intent to establish a registration requirement
as a mechanism to protect neighborhoods from the negative impact and
conditions that occur as a result of vacancy, absentee ownership,
lack of adequate maintenance and security and will provide a method
to expeditiously identify multiple parties and their contact person(s)
for each property responsible for this protection.
The following words, terms and phrases, when used in this chapter,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning.
A property that is accessible through a compromised/breached
gate, fence, wall, etc., or a structure that is unsecured and/or breached
in such a way as to allow access to the interior space by unauthorized
persons.
To include, but not be limited to, the Borough's Zoning
Code, the Borough's Property Rehabilitation and Maintenance Code,
Neighborhood Improvement Ordinance, Solid Waste Ordinance, Residential
and Commercial Recycling Ordinance, and the State and County Building
and Fire Codes.
Properties that have broken or severely damaged windows, doors,
walls, or roofs which create hazardous conditions and encourage trespassing;
or
Properties whose maintenance is not in conformance with the
maintenance of other neighboring properties causing a decrease in
value of the neighboring properties; or
Properties cited for a public nuisance pursuant to the Borough
codes; or
Properties that endanger the public's health, safety, or
welfare because the properties or improvements thereon are dilapidated,
deteriorated, or violate minimum health and safety standards or lack
maintenance as required by the applicable codes.
That the mortgagor has not complied with the terms of the
mortgage on the property, or the promissory note, or other evidence
of the debt, referred to in the mortgage.
Any law enforcement officer, Building Official, Zoning Inspector,
Code Enforcement Officer, Fire Inspector or Building Inspector, or
other person authorized by the Borough to enforce the applicable code(s).
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 are not limited to: overgrown
and/or dead vegetation; past-due utility notices and/or disconnected
utilities; accumulation of trash junk or debris; abandoned vehicles,
auto parts or materials; the absence of furnishings and/or personal
items consistent with habitation or occupancy; the presence of an
unsanitary, stagnant swimming pool; the accumulation of newspapers,
circulars, flyers and/or mail; or statements by neighbors, passersby,
delivery agents or government agents; or the presence of boards over
doors, windows or other openings in violation of applicable codes.
The legal process by which a mortgagee, or other lien holder,
terminates a property owner's equitable right of redemption to
obtain legal and equitable title to the real property pledged as security
for a debt or the real property subject to the lien. This definition
shall include, but is not limited to, public notice of default, a
deed-in-lieu of foreclosure, sale to the mortgagee or lien holder,
certificate of title and all other processes, activities and actions,
by whatever name, associated with the described process. The process
is not concluded until the property obtained by the mortgagee, lien
holder, or their designee, by certificate of title, or any other means,
is sold to a non-related bona fide purchaser in an arm's length
transaction to satisfy the debt or lien.
A property manager, property management company or similar
entity responsible for the maintenance and security of registrable
real property within 20 driving miles of the Borough limits. Upon
review of credentials the Borough, or its designee, may allow a nonlocal
property manager to be listed.
The creditor, including but not limited to, trustees; mortgage
service companies; lenders in a mortgage agreement; any agent, servant,
or employee of the creditor; any successor in interest; or any assignee
of the creditor's rights, interests or obligations under the
mortgage agreement.
Owner means any person, firm, corporation or other legal
entity who, individually or jointly or severally with others, holds
the legal or beneficial title to any building, facilities, equipment
or premises subject to the provisions of this chapter.
A local property manager, property maintenance company or
similar entity responsible for the maintenance of registrable real
property.
Any improved residential or commercial land, buildings, leasehold
improvements and anything affixed to the land, or portion thereof
identified by a property parcel identification number, located in
the Borough limits. Developed lots are considered improved land.
Any real property located in the Borough, whether vacant or
occupied, that is encumbered by a mortgage in default, is subject
to an ongoing foreclosure action by the mortgagee or trustee, is subject
to an application for a tax deed or pending tax assessor's lien
sale, or has 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.
The designation of a default/foreclosure property as "registrable"
shall remain in place until such time as the property is sold to a
nonrelated bona fide purchaser in an arm's length transaction
or the foreclosure action has been dismissed and any default on the
mortgage has been cured.
Property that contains a single-family rental dwelling unit
or multifamily rental dwelling units for use by residential tenants
including but not limited to the following: mobile homes, mobile home
spaces, town homes and condominium unit(s). A rental dwelling unit
includes property that is provided to an individual or entity for
residential purposes upon payment of rent or any other consideration
in lieu of rent, regardless of relationship between lessor and lessee.
Six months from the date of the first action that required
registration, as determined by the Borough, or its designee, and every
subsequent six months. The date of the initial registration may be
different than the date of the first action that required registration.
Any parcel of land in the Borough that contains any building
or structure that is not lawfully occupied or inhabited by human beings
as evidenced by the conditions set forth in the definition of "evidence
of vacancy" above which is without lawful tenant, or lawful occupant
or without a certificate of occupancy.
These sections shall be considered cumulative and not superseding
or subject to any other law or provision for same, but rather be an
additional remedy available to the Borough above and beyond any other
state, county, or Borough provisions for same.
Pursuant to the provisions of this Code, the Borough, or its
designee, shall establish a registry cataloging each registrable property
within the municipality, containing the information required by this
chapter.
A.
Any mortgagee who holds a mortgage on real property located within
the Borough shall perform an inspection of the property to determine
vacancy or occupancy, upon default by the mortgagor. The mortgagee
shall, within 10 days of the inspection, register the property with
the Code Enforcement Department, or its designee, on forms or other
manner as directed, and indicate whether the property is vacant or
occupied. A separate registration is required for each property, whether
it is found to be vacant or occupied.
B.
Registration pursuant to this section shall contain the name, direct
mailing address, a direct contact name, telephone number, and e-mail
address for the mortgagee/trustee, and the servicer, and the name
and twenty-four-hour contact phone number of the local property management
company responsible for the security and maintenance of the property
who has the authority to make decisions concerning the abatement of
nuisance conditions at the property, as well as any expenditure in
connection therewith.
C.
Mortgagees who have existing registrable property on the effective
date of this chapter have 30 calendar days from the effective date
to register the property with the Code Enforcement Department, or
its designee, on forms or other manner as directed, and indicate whether
the property is vacant or occupied. A separate registration is required
for each property, whether it is vacant or occupied.
D.
If the mortgage on a registrable property is sold or transferred,
the new mortgagee is subject to all the terms of this chapter and
within five days of the transfer shall register the property and pay
a registration fee in accordance with this chapter. Any previous unpaid
semiannual registration fees are the responsibility of the new mortgagee
or trustee and are due and payable with their initial registration.
E.
If the mortgagee owner of a foreclosed real property sells or transfers
the property to a non-arm's-length related person or entity,
the transferee is subject to all the terms of this chapter and within
five days of the transfer shall register the property and pay a registration
fee in accordance with this chapter. Any previous unpaid semiannual
registration fees are the responsibility of the new registrable property
owner and are due and payable with their initial registration.
F.
As long as the property is registrable it shall be inspected by the
mortgagee, or designee, monthly. If an inspection shows a change in
the property's occupancy status, the mortgagee shall, within
10 days of that inspection, update the occupancy status of the property
registration.
G.
A nonrefundable semiannual registration fee established by resolution
by the Borough, shall accompany each registration pursuant to this
section.
H.
All registration fees must be paid directly from the mortgagee, trustee,
servicer, or owner. Third-party registration fees are not allowed
without the consent of the Borough and/or its authorized designee.
I.
Properties subject to this section shall remain under the semiannual
registration requirement, and the inspection, security and maintenance
standards of this section as long as they are registrable.
J.
Until the mortgage or lien on the property in question is satisfied,
or legally discharged, the desire to no longer pursue foreclosure,
the filing of a dismissal of lis pendens and/or summary of final judgment
and/or certificate of title, voluntary or otherwise, does not exempt
any mortgagee holding the defaulted mortgage, from all the requirements
of this chapter as long as the borrower is in default.
K.
Any person or legal entity that has registered a property under this
section must report any change of information contained in the registration
within 10 days of the change.
L.
Failure of the mortgagee to properly register or to modify the registration
form from time to time to reflect a change of circumstances as required
by this chapter is a violation of the article and shall be subject
to enforcement and any resulting monetary penalties.
M.
Pursuant to any administrative or judicial finding and determination
that any property is in violation of this chapter, the Borough may
take the necessary action to ensure compliance with and place a lien
on the property for the cost of the work performed to benefit the
property and bring it into compliance.
A.
Properties subject to this chapter shall be kept free of weeds, overgrown
brush, dead vegetation, trash, junk, debris, building materials, any
accumulation of newspaper 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 yards, including landscaping, shall be maintained
in accordance with the applicable code(s) at the time registration
was required.
D.
Yard maintenance 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. Acceptable maintenance of yards and/or 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 ground cover or landscape and removal
of all trimmings.
F.
Pools and spas shall be maintained so the water remains free and
clear of pollutants and debris and shall comply with the regulations
set forth in the applicable code(s).
G.
Failure of the mortgagee and/or owner to properly maintain the property
may result in a violation of the applicable code(s) and issuance of
a citation or notice of violation in accordance with the applicable
code of the Borough. Pursuant to a finding and determination by the
Borough's Code Enforcement Officer, Special Magistrate or Hearing
Officer, or a court of competent jurisdiction, the Borough may take
the necessary action to ensure compliance with this section.
H.
In addition to the above, the property is required to be maintained
in accordance with the applicable code(s) of the Borough.
A.
Properties subject to these sections 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 or structure.
Broken windows, doors, gates and other openings of such size that
may allow a child to access the interior of the property or structure
must be repaired. Broken windows shall be secured by reglazing of
the window.
C.
If a property is registrable, and the property has become vacant
or blighted, a local property manager shall be designated by the mortgagee
or owner to perform the work necessary to bring the property into
compliance with the applicable code(s), and the property manager must
perform regular inspections to verify compliance with the requirements
of this chapter, and any other applicable laws.
All registrable 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.
Adherence to this chapter does not relieve any person, legal
entity or agent from any other obligations set forth in any applicable
code(s), which may apply to the property.
A.
If the enforcement officer has reason to believe that a property
subject to the provisions of this chapter is posing a serious threat
to the public health, safety and welfare, the code enforcement officer
may temporarily secure the property at the expense of the mortgagee
or owner, and may bring the violations before the applicable hearing
officer as soon as possible to address the conditions of the property.
B.
The Code Enforcement Officer, Special Magistrate or Hearing Officer
shall have the authority to require the mortgagee or owner affected
by this section, to implement additional maintenance and/or security
measures including, but not limited to, securing any and all doors,
windows or other openings, employment of an on-site security guard
or other measures as may be reasonably required to help prevent further
decline of the property.
C.
If there is a finding that the condition of the property is posing
a serious threat to the public health, safety and welfare, then the
Code Enforcement Officer or Special Magistrate may direct the Borough
to abate the violations and charge the mortgagee or owner with the
cost of the abatement.
D.
If the mortgagee or owner does not reimburse the Borough for the
cost of temporarily securing the property, or of any abatement directed
by the code enforcement officer or magistrate, within 30 days of the
Borough sending the mortgagee or owner the invoice then the Borough
may lien the property with such cost, along with an administrative
fee as determined in the Borough's Fee Ordinance[1] to recover the administrative personnel services. In addition
to filing a lien, the Borough can pursue financial penalties against
the mortgagee or owner.
[1]
Editor's Note: A copy of the current Fee Ordinance is
on file in the Borough offices.
Whoever opposes obstructs or resists any enforcement officer
or any person authorized by the enforcement office in the discharge
of duties as provided in this chapter shall be punishable as provided
in the applicable code(s) or a court of competent jurisdiction.
Any enforcement officer or any person authorized by the Borough
to enforce the sections herewithin shall be immune from prosecution,
civil or criminal, for reasonable, good faith entry upon real property
while in the discharge of duties imposed by this chapter.
A.
Enforcement. The requirements of this chapter may be enforced as
follows:
(1)
By an action for injunctive relief, civil penalties, or both, through
a court of competent jurisdiction;
(2)
By condemnation and demolition pursuant to this Code, or by the nuisance
abatement process;
(3)
By revocation or temporary suspension of necessary permits and/or
certificates or occupancy and/or licenses;
(4)
By any other process permitted at law or equity;
(5)
Use of one enforcement process or theory does not preclude the Borough
from seeking the same, different, or additional relief through other
enforcement methods.
B.
Separate offenses. A violation of this chapter shall constitute a
separate offense for each day it shall continue or recur. Each condition
which exists in violation of this chapter is a separate violation.
C.
Each day a property remains unregistered when required to be registered
by this chapter is a separate offense for each day it shall continue
or recur.
D.
Each day a property is not inspected as required by this chapter
is a separate offense.
E.
Each day a property is not secured as required by this chapter is
a separate offense.
F.
Each day a condition violating the Borough's minimum housing
codes or property maintenance codes exists on a property subject to
registration under this chapter is a separate offense.
G.
Persons responsible for violations. The owner, mortgagee, trustee
or servicer as those terms are defined in this chapter, and their
duly authorized officers, employees or agents employed in connection
therewith who have assisted in the commission of the violation or
failed to perform as required by this chapter, shall be guilty of
the violation.
H.
Each and every violation shall carry a fine in the amount of $500.
