[HISTORY: Adopted by the Borough Council of the Borough of
Canonsburg as indicated in article histories. Amendments noted where
applicable.]
An amendment to provide for the upgrade of the standard of maintenance
by reference to the BOCA National Property Maintenance Code, fifth
edition, to the IPMC Code: year 2015.
[1]
Editor's Note: Ordinance No. 1211 was formerly included as Ch. 131, consisting of § 131-1, Adoption of standards by reference (adopting the 1996 BOCA National Property Maintenance Code), and § 131-2, Additions, insertions and changes. Said sections were eliminated by Ord. Nos. 1307 and 1322; see § 131-1, below.
Former §§ 131-1 and 131-2 are now to be eliminated
and the IPMC Code, latest 2015, shall be herein substituted.
The Canonsburg Borough Code Enforcement Officers may permit
reasonable variations where practical conditions exist or dictate
variations where public health and safety are not jeopardized.
[Adopted 10-11-2021 by Ord. No. 1357]
A.
The Council
of the Borough of Canonsburg (hereinafter "Borough Council") desires
to maintain a high quality of life for the citizens of the Borough
of Canonsburg (hereinafter "Borough") through the maintenance of properties
located in the Borough; and
B.
The Borough
Council has already adopted property maintenance codes to regulate
building standards for the exterior of structures and the condition
of the property as a whole; and
C.
The Borough
Council recognizes an increase in the number of properties that have
become vacant or abandoned as a result of the mortgage foreclosure
process; and
D.
The Borough
finds that the presence of vacant and abandoned properties as a result
of mortgage foreclosures can lead to a decline in property value,
create attractive nuisances and lead to a general decrease in neighborhood
and community aesthetic; and
E.
The Borough
Council concludes that it is in the best interests of the health,
safety, and welfare of its citizens and residents to impose registration
requirements of such properties located within the Borough; and
F.
The Borough
Council recognizes that measures are necessary to hold property owners,
mortgagees and mortgagors accountable and discourage the same from
allowing properties to be abandoned, neglected or left unsupervised
as a result of the foreclosure process; and
G.
The Borough
is often challenged to identify and locate owners or mortgagees who
can maintain the properties that have been affected by the foreclosure
process; and
H.
The Borough
Council desires to enact requirements in order to establish a property
registration process that will identify a contact person to address
safety and aesthetic concerns to minimize the negative impact and
conditions that occur as a result of vacancy, absentee ownership,
and the overall foreclosure process; and
I.
The Borough
Council finds that the implementation of the requirements hereunder
will help to protect the Borough from the negative impact and conditions
that occur as a result of the foreclosure process and the lack of
compliance with existing Borough regulations.
The foregoing clauses are hereby ratified and confirmed as being
true and correct and are made a part of this article upon adoption
hereof.
It is the purpose and intent of the Borough Council to establish
a process to address the threat to the health, safety, and welfare
of citizens of the Borough in relation to the deterioration, crime
and decline in property value that occurs as a result of vacancy,
absentee ownership, and a lack of adequate maintenance and security
of property with defaulted mortgages. It is the Borough Council's
further intent to establish a registration requirement to identify,
regulate, limit and reduce the number of such properties within the
Borough and identify a contact person that shall be responsible for
each such property.
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:
Any real property located in the Borough, whether vacant
or occupied, that is in default on a mortgage, has had a lis pendens
filed against it by the lender holding a mortgage on the property,
is subject to an ongoing foreclosure action by the lender, is subject
to an application for a tax deed or pending Tax Assessor's lien
sale, or has been transferred to the lender under a deed in lieu of
foreclosure. The designation of a property as abandoned shall remain
in place until such time as the property is sold or transferred to
a new owner, the foreclosure action has been dismissed, and any default
on the mortgage has been cured.
A property or structure that is readily accessible as a result
of an unsecured door, window, gate, fence, wall, etc., or which is
secured in an insufficient manner so as to easily be breached to allow
access to the interior space by unauthorized persons.
Properties that have broken or severely damaged windows, doors,
walls, or roofs which create hazardous conditions and encourage trespassing;
or
Properties cited as a public nuisance pursuant to applicable
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, promissory note, or other written evidence of debt which
is secured by real property.
Any law enforcement officer, Building Inspector, Code Enforcement
Officer, or other person authorized to enforce the applicable codes.
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
or dead vegetation; past-due utility notices or disconnected utilities;
accumulation of trash, junk or debris; abandoned vehicles or motorized
equipment; the absence of furnishings or personal items consistent
with habitation or occupancy; the presence of an unsanitary, stagnant
swimming pool; the accumulation of newspapers, circulars, flyers or
mail; statements by neighbors, passersby, delivery agents or government
agents; or the presence of boards over doors, windows or other openings.
The legal process by which a mortgagee, or other lienholder,
terminates a property owner's right of redemption to obtain legal
and/or 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, lienholder, or their
designee, by certificate of title or any other means, is sold to a
nonrelated, 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. The property manager must have a principle place of
business within 30 driving miles of the Borough limits. At its sole
discretion, the Borough or its designee may make exceptions to this
requirement and allow a nonlocal property manager to be listed.
The creditor, including, but not limited to, lenders in a
mortgage agreement; mortgage service companies; trustees; any successor
in interest; any agent, servant, or employee of the creditor; or any
assignee of the creditor's rights, interests or obligations under
the mortgage agreement.
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,
or is determined as vacant by the Borough or its designee, including
properties in said status at the time of the enactment of this article.
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, mobile homes, mobile home spaces, townhomes
and condominium units. 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.
Any building or structure that is not legally occupied and is
not currently being offered for sale, rent or lease evidenced by a
sign posted on the subject property advertising the property for sale,
rent or lease with contact information, ownership information, and
current phone number and/or an active listing on an electronic database
accessible to Borough staff. If there is no posted sign and the listing
is not accessible to Borough staff, a realtor may submit a written
confirmation of listing to avoid the requirement of registration.
Exception: This definition shall not apply to properties where
owners have, for reasons such as extended vacations, nursing home
care, or temporary employment, not occupied their homes for over 90
days but intend to return and have notified the Borough of their intentions.
These sections shall be considered cumulative and not superseding
or subject to any other law or provision for same, but rather, shall
be in addition to those remedies already available to the Borough.
Pursuant to the above provisions of § 131-5, the Borough or its designee shall establish a registry cataloging each registrable property within the Borough containing the information required by this article.
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 Borough, or its designee, on forms or as directed in another manner
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.
Any property owner who owns real property located within the Borough is subject an inspection of the property to determine vacancy or occupancy based upon the provisions of § 131-10 of this article.
C.
Registration pursuant to this section shall contain the name, direct
mailing address, a direct contact name, telephone number, and email
address for the property owner, mortgagee/trustee, and/or 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 and who has the authority to make decisions concerning
the abatement of nuisance conditions at the property, as well as any
expenditure in connection therewith.
D.
Mortgagees or property owners who have existing registrable property
have 30 days from the effective date of this article to register the
property in accordance herewith.
E.
If the mortgage on a registrable property is sold or transferred,
the new mortgagee is subject to all the terms of this article and
within 10 days of the transfer must register the property and pay
a registration fee in accordance with this article. Any previous unpaid
annual registration fees are the responsibility of the new mortgagee
or trustee and are due and payable with their initial registration.
F.
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 article and within
10 days of the transfer must register the property and pay a registration
fee in accordance with this article. Any previous unpaid annual registration
fees are the responsibility of the new property owner and are due
and payable with their initial registration.
G.
As long as the property is registrable, it shall be inspected by
the property owner, 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.
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 article shall remain under the annual
registration requirement and the inspection, security and maintenance
standards of this article for 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 or summary of final judgment
or certificate of title, voluntary or otherwise, does not exempt any
mortgagee holding the defaulted mortgage from the requirements of
this article 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 or property owner to properly register or
to modify the registration form from time to time to reflect a change
of circumstances as required by this article is a violation of this
article and shall be subject to enforcement and any resulting monetary
penalties.
M.
The provisions of this section shall also apply to owners, servicers,
trustees, property manager, and agents of all vacant and/or abandoned
property whether subject of a mortgage. All property must be registered
immediately upon the determination that a property and/or structure
located thereon is vacant by the Borough or its designee.
N.
Pursuant to any administrative or judicial finding and determination
that any property is in violation of this article, the Borough may
take the necessary action to ensure compliance and place a lien on
the property for costs.
A.
The Code Enforcement Official or his designee shall inspect and/or
review properties that are suspected as being vacant and make a determination
whether a property and/or structure is vacant based upon the provisions
of this article.
B.
Upon making a determination that a property and/or structure is vacant,
the Code Enforcement Officer shall notify the owner by certified mail
sent to the address for which the municipal taxes are delivered. Said
notice shall contain notification of the property owner's right
to appeal the determination, based upon the provisions of this article.
C.
Any property owner aggrieved by the determination that his/her property
is vacant shall have a right to appeal to the Borough Council, in
writing, within 30 days of the Code Enforcement Officer notifying
the property owner of the determination of vacancy. In the written
appeal, the property owner shall provide and append evidence that
the property and/or structure is not vacant.
D.
Should any property owner fail to file an appeal after 30 days of receiving the vacancy determination from the Code Enforcement Officer, the property owner shall register the vacant property with the Borough according to the provisions of § 131-9.
E.
The Borough Council shall hold a hearing at its next regular public
meeting occurring at least 10 days after the written notice of appeal
is submitted.
F.
The Borough Council's decision shall be final and, in writing,
sent to the property owner within 10 days of its decision. If the
Borough Council sustains the Code Enforcement Officer's determination
of vacancy, the property owner shall register the vacant property
within 10 days of the date of the Council's written decision.
Failure to register the property as a vacant property is a violation
of this article.
A.
Properties subject to this article 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, trees, grass,
ground covers, bushes, shrubs, hedges or similar plantings. 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). All pools shall be covered with
a properly installed pool cover.
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(s) of the Borough. Pursuant to a finding and determination by
the Borough's Enforcement Officer or a court of competent jurisdiction,
the Borough may take the necessary action to ensure compliance with
this article.
H.
In addition to the above, the property is required to be maintained
in accordance with all provisions of the applicable code(s) of the
Borough.
A.
Properties subject to this article shall be maintained in a secure
manner so as not to be accessible to unauthorized persons. 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 or secured by boarding in a manner approved by the
Borough's Code Enforcement Officer or the applicable code(s)
of the Borough.
B.
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 article and any other applicable laws.
All registrable property is hereby declared to be a public nuisance,
the abatement of which is pursuant to the police power in the interest
of the health, welfare and safety of the residents of the Borough.
Upon property becoming registrable in accordance with this article,
an initial inspection of the property shall be performed by the Borough,
its agent or designee, with subsequent monthly inspections to be performed
at the discretion of the Borough. Upon inspection, a detailed report
outlining the violations will be given to the responsible party, and
the responsible party shall have between 10 days and 30 days, as determined
by the Borough, its agent or designee, to abate the said violations.
If the violations are not abated, the Borough, its agent or designee
may conduct subsequent inspections, whereby the party who is responsible
for registering the property with the Borough under this article shall
be cited in accordance with the penalty section of this article.
A.
If the Code Enforcement Officer has reason to believe that a property
subject to the provisions of this article 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 Magisterial District
Judge as soon as possible to address the conditions of the property.
B.
The Magisterial District Judge shall have the authority to require
the mortgagee or owner affected by this article 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
Magisterial District Judge 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 Magisterial District Judge, within
30 days of the Borough sending the mortgagee or owner the invoice,
then the Borough may lien the property for such costs. In addition
to filing a lien, the Borough can pursue financial penalties against
the mortgagee or owner.
A.
A nonrefundable annual registration fee in the amount per property
set by fee resolution shall accompany the registration form or website
registration. An additional fee set by resolution will be a nonrefundable
fee that shall be due and owing for each subsequent year any registered
property remains on the registry.
B.
Any person who shall violate the provisions of this chapter may shall
be sentenced, upon conviction, to a summary offense and pay a fine
and penalty amounting to $200 per violation, plus court costs.
C.
A violation of this article shall constitute a separate offense for
each day it shall continue or recur. Each condition which exists in
violation of this article is a separate violation.
Registration and penalty fees outlined in this article may be
modified by amendment of this article, passed and adopted by the Borough
Council.
If any section, sentence, clause or phrase of this article is
held to be invalid or unconstitutional by any court of competent jurisdiction,
then said holding shall in no way affect the validity of the remaining
portions of this article.
All ordinances or parts of ordinances in conflict herewith are
hereby repealed.
This article shall take effect 10 days after final passage.
