[Adopted 6-12-2013 by Ord. No. 5412]
It is the purpose and intent of the City to establish a process
to address the deterioration and blight of City neighborhoods caused
by an increasing amount of abandoned, blighted, foreclosed or distressed
real property located within the City and to identify, regulate, limit
and reduce the number of abandoned or blighted properties located
within the City. It is the City's further intent to establish a registration
and inspection program as a mechanism to protect neighborhoods from
becoming blighted due to the lack of adequate maintenance and security
of abandoned and foreclosed 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:
Any real property located in the City, 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,
has been transferred to the lender under a deed in lieu of foreclosure,
and/or has been declared and/or certified blighted in accordance with
the Vacant Property Review Committee Ordinance.[1] 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 and receives
a certificate of occupancy from the City's Department of Planning
and Codes; or
The foreclosure action has been dismissed; or
Any default on the mortgage has been cured; or
The property is removed from the vacant property determination
and/or certification list and receives a certificate of occupancy
from the City's Department of Planning and Codes.
A property that is accessible through a comprised/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.
Includes, but is not limited to, the City's Zoning Code,
Property Maintenance and Housing Standards Code, Public Health Standards
Code, Solid Waste and Recycling Code, Construction Code, Rental Code,
Buyer Notification Code, Vacant Property Review Committee Ordinance
("City Code"), and the Pennsylvania Building Code.
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 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 City and Zoning 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.
[Added 4-10-2019 by Ord.
No. 5673]
Any law enforcement officer, Building Official, Director
of Planning and Codes, Zoning Officer, Code Enforcement Officer, Fire
Inspector or Building Inspector, or other person authorized by the
City to enforce the applicable code(s).
The legal process by which a mortgagee, or other lien holder,
terminates or attempts to terminate 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. The legal 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 nonrelated bona fide purchaser
in an arm's length transaction to satisfy the debt or lien.
[Added 4-10-2019 by Ord.
No. 5673]
Any person, legal entity or other party having any ownership
interest, whether legal or equitable, in real property. This term
shall also apply to any person, legal entity or agent responsible
for the construction, maintenance or operation of the property involved.
A local property manager, local property maintenance company
or similar local entity responsible for the maintenance of abandoned
real property; an adult individual designated by the owner of a regulated
rental unit under this article.
Any residential or commercial land and/or buildings, leasehold
improvements and anything affixed to the land, or portion thereof
identified by a property parcel identification number, located in
the City limits.
[Added 4-10-2019 by Ord.
No. 5673]
[Added 4-10-2019 by Ord.
No. 5673]
Any real property located in the City of Easton, whether vacant
or occupied, that is encumbered by a mortgage in default, is subject
to an ongoing foreclosure action by the mortgagee or trustee, has
been the subject of a foreclosure action by a mortgagee or trustee
and a judgement has been entered, 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; or
Any property that is vacant for more than 30 days or any cancellation
of utility or service, whichever occurs first.
Registration six months from the date of the first action
that requires registration, as determined by the City, 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.
[Added 4-10-2019 by Ord.
No. 5673]
Any building or structure that is not legally occupied.
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 City above and beyond any other
state, county or local provisions for same.
The City or its designee shall establish a registry cataloging
each abandoned real property and blighted real property within the
City, containing the information required by this article.
A.
Any owner or mortgagee who holds a mortgage on real property located
within the City 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 Department of Planning and Codes, or its designee, on forms or
website access provided by the City, 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.
If the property is occupied but remains in default, it shall be inspected
by the mortgagee or its designee monthly until:
C.
Any owner of vacant property located within the City shall within
10 days after the property becomes vacant, or within 10 days after
assuming ownership of the property, whichever is later, register the
real property with the City Registry.
[Added 4-10-2019 by Ord.
No. 5673[1]]
D.
Real property declared and/or certified blighted prior to the enactment
of this article shall be inspected by the Department of Planning and
Codes within 60 days of the enactment of this article and a copy of
the City's inspection report presented to the Vacant Property Review
Committee. The Vacant Property Review Committee shall review the City
inspection reports and make a property-by-property recommendation
to the Easton Planning Commission indicating inclusion or noninclusion
on the abandoned real property and blighted real property registration.
E.
Blighted real property resolved by the Easton Planning Commission
to be included in the abandoned real property and blighted real property
registration shall be subject to all applicable provisions of this
article.
F.
Registration pursuant to this section shall contain the name of the
owner or mortgagee and the server, the direct mailing address (no
post office boxes) of the owner or mortgagee and the server, a direct
contact name and telephone number for both parties, a facsimile number
and e-mail address for both parties, the Northampton County tax identification
number, and the name and twenty-four-hour contact phone number of
the property management company responsible for the security and maintenance
of the property.
G.
If the owner or mortgagee is not a full-time resident of the City
of Easton nor lives within a thirty-mile radius of the City of Easton,
then the owner shall designate a property management company to serve
as manager which does reside or work on a daily basis within a thirty-mile
radius of the City of Easton. If the owner is a corporation, a separate
property management company shall be appointed, unless an officer
of the corporation is appointed as the property management company
and such officer lives within a thirty-mile radius of the City of
Easton. If the owner is a partnership, a property management company
shall be required if a partner does not reside within a thirty-mile
radius of the City of Easton. Said partner shall perform the same
function as a property management company. The property management
company shall be the agent of the owner for service of process and
receiving of notices and demands, as well as for performing the obligations
of the owner under this article.
H.
The property management company shall be authorized to accept service
of process on behalf of the owner or mortgagee.
[Amended 4-10-2019 by Ord. No. 5673]
I.
In addition, an owner or mortgagee may designate a property management
company to serve all of the same purposes of the owner. If a property
management company is designated, then the City is not required to
provide separate notice to the owner.
[Amended 4-10-2019 by Ord. No. 5673]
K.
Each individual property on the registry that has been registered
for 12 months or more prior to the effective date shall have 30 days
to renew the registration and pay the semi-annual registration fee.
Properties registered less than 12 months prior to the effective date
shall renew the registration every six months from the expiration
of the original registration renewal date and shall pay the semiannual
registration fee.
[Added 4-10-2019 by Ord.
No. 5673]
L.
If the property is sold or transferred, the defaulted mortgage and/or
servicing on a property is sold or transferred, the new owner or mortgagee
is subject to all the terms of this chapter. Within 10 days of the
transfer, the new owner or mortgagee shall register the property or
update the existing registration. The previous owner or mortgagee(s)
will not be released from the responsibility of paying all previous
unpaid fees, fines, and penalties accrued during that mortgagee's
involvement with the defaulted property.
[Added 4-10-2019 by Ord.
No. 5673]
M.
If the mortgagee sells or transfers the defaulted property in a non-arm's
length transaction to a related entity or person, the transferee is
subject to all the terms of this chapter. Within 10 days of the transfer,
the transferee shall register the property or update the existing
registration. Any and all previous unpaid fees, fines, and penalties,
regardless of who the mortgagee was at the time registration was required,
including but not limited to unregistered periods during the foreclosure
process, are the responsibility of the transferee and are due and
payable with the updated registration. The previous mortgagee will
not be released from the responsibility of paying all previous unpaid
fees, fines, and penalties accrued during that mortgagee's involvement
with the defaulted property.
[Added 4-10-2019 by Ord.
No. 5673]
N.
If the vacant and/or defaulted property is not registered, or the
registration fee is not paid within 30 days of when the registration
or renewal is required pursuant to this section, a late fee equivalent
to 10% of the semiannual registration fee shall be charged for every
thirty-day period, or portion thereof, the property is not registered
and shall be due and payable with the registration.
[Amended 4-10-2019 by Ord. No. 5673[3]]
O.
All registration fees must be paid directly from the mortgagee, servicer,
trustee, or owner. Third-party registration fees are not allowed without
the consent of the City and/or its authorized designee.
P.
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.
Q.
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 remain vacant, in default
and/or declared and/or certified as blighted and without a certificate
of occupancy.
[Amended 4-10-2019 by Ord. No. 5673]
R.
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.
[Amended 4-10-2019 by Ord. No. 5673]
S.
Failure of the mortgagee and/or 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 the
article and shall be subject to enforcement.
T.
Pursuant to any administrative or judicial finding and determination
that any property is in violation of this article, the City 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.
U.
If the owner is not a full-time resident of the City of Easton nor
lives within a thirty-mile radius of the City of Easton, then the
owner shall designate a property management company to serve as manager
which does reside or work on a daily basis within a thirty-mile radius
of the City of Easton. If the owner is a corporation, a separate property
management company shall be appointed, unless an officer of the corporation
is appointed as the property management company and such officer lives
within a thirty-mile radius of the City of Easton. If the owner is
a partnership, a property management company shall be required if
a partner does not reside within a thirty-mile radius of the City
of Easton. Said partner shall perform the same function as a property
management company. The property management company shall be the agent
of the owner for service of process and receiving of notices and demands,
as well as for performing the obligations of the owner under this
article.
V.
The legal name, mailing address, daytime physical address (not a
post office box), and daytime and evening telephone number(s) of a
property management company which is designated as the manager shall
be provided in writing by the owner to the City, and such information
shall be kept current and updated within 10 business days after it
changes.
W.
The property management company shall be authorized to accept service
of process on behalf of the owner.
X.
In addition, an owner may designate a property management company
to serve all of the same purposes of the owner. If a property management
company is designated, then the City is not required to provide separate
notice to the owner.
Y.
If a mortgage on a property is in default, or the property has been
declared and/or certified blighted in accordance with the Vacant Property
Review Committee Ordinance and the property has become vacant or abandoned,
a property manager shall be designated by the owner or mortgagee 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.
B.
Properties subject to this article shall be kept free of weeds; overgrown
brush; dead vegetation; trash; junk; debris; building materials; any
accumulation of newspapers, circulars, flyers or notices, except those
required by federal, state or local law; discarded personal items,
including, but not limited to, furniture, clothing, and large and
small appliances; inoperable vehicles; printed material; or any other
items that give the appearance that the property is abandoned.
C.
Properties subject to this article shall be kept free of chipped
or peeling paint, deteriorated windows, openings, walls, foundations
and roofs and shall comply with the regulations set forth in the applicable
code(s).
D.
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.
E.
Front, side, and rear yards, including landscaping and fencing, shall
be maintained in accordance with the applicable code(s) at the time
registration was required.
F.
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.
G.
Maintenance shall include, but not be limited to, watering, irrigation,
cutting and mowing of required ground cover or landscape and removal
of all trimmings.
H.
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).
I.
Sheds, garages, outbuildings and other nonprimary structures shall
be maintained, which shall include, but not be limited to, being kept
free of pollutants, debris, clutter and hazards to the public health
and safety; remaining secure, free from peeling or chipping paint,
deteriorated windows, openings, doors, walls, foundations and roofs;
and complying with the regulations set forth in the applicable code(s).
J.
Failure of the mortgagee and/or owner to properly maintain the property
shall 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 City. Pursuant to a finding and determination by the City,
Magistrate or a court of competent jurisdiction, the City may take
the necessary action to ensure compliance with this section.
K.
In addition to the above, the property is required to be maintained
in accordance with all applicable code(s) of the City.
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 human children or adults, felines, rodents, canines
or other mammals to access the interior of the property or structure.
Broken windows, doors, gates and other openings of such size that
may allow human children or adults, felines, rodents, canines or other
mammals to access the interior of the property or structure must be
repaired. Broken windows shall be secured by reglazing of the window.
C.
Failure of the mortgagee or owner to properly secure the property
shall 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 City. Pursuant to a finding and determination by the City,
Magistrate or a court of competent jurisdiction, the City may take
the necessary action to ensure compliance with this section.
D.
In addition to the above, the property is required to be secured
in accordance with all applicable code(s) of the City.
All 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 City.
Adherence to this article 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. Prior to the sale or transfer
of title to the property, the owner shall be responsible to obtain
a buyer's notification inspection. Properties that remain vacant,
abandoned and/or blighted for one year or more shall be inspected
at least annually by the Department of Planning and Codes and, as
necessary, Police Department or other City department having jurisdiction.
Inspections may occur more frequently depending on complaints, necessity,
violations of applicable City codes or other related to the public
health, safety and general welfare.
A.
If the 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 City may secure the
property at the expense of the mortgagee and/or owner, and a municipal
claim or lien for costs associated with the security activity shall
be filed and a municipal citation filed for the violations, as soon
as possible, to address the conditions of the property.
B.
The City or Magistrate shall have the authority to require the mortgagee
and/or owner of record of any property 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
City or Magistrate may abate the violations and charge the mortgagee
with the cost of the abatement.
D.
If the mortgagee or owner does not reimburse the City for the cost of securing the property, or of any abatement directed by the City or Magistrate, within 30 days of the City sending the mortgagee or owner the invoice, then the City may lien the property with such cost, along with an administrative fee as outlined in Chapter 285, Fees, to recover the cost of services.
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 article 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 City
to enforce the sections here within 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 article.
A.
Any person who shall violate the provisions of this article may be
cited and fined as provided in this article, the City Fee Ordinance
and the Municipal Claim and Lien Ordinance.
B.
After the owner is given notice of the amount of the registration
fee due, and the owner fails to pay the amount due, said amount shall
constitute a debt due and owing to the City, and the City may commence
a civil action to collect the unpaid debt.
C.
After the owner is given notice of the amount of the registration
fee due, and the owner fails to pay the amount due, said amount shall
constitute a debt due and owing to the City and shall constitute a
lien.
D.
The failure or refusal for any reason of any owner, or agent of an
owner acting on behalf of the owner, to register a vacant and/or blighted
property or to pay any fees required to be paid pursuant to the provisions
of this article within 30 days after they become due shall constitute
a violation punishable, upon conviction thereof, by a fine in the
amount of not less than $1,500 for each failure or refusal to register,
failure to maintain or secure vacant or blighted property or for each
failure or refusal to pay a required fee(s). Fine shall not be subject
to suspension or reduction for any reason.
E.
The failure or refusal for any reason of any owner, or agent of an owner acting on behalf of the owner, to register a vacant and/or blighted property or to pay any fees required to be paid pursuant to the provisions of this article within 30 days after they become due shall constitute a violation, and the City may lien the property with such cost, along with an administrative fee to recover the cost of administrative services as outlined in Chapter 285, Fees.
