[Ord. 39-1955, 10/13/1955, § 1]
The word "building" as used in this Part shall mean any structure
used or intended to be used as a dwelling or place of business or
industry.
[Ord. 39-1955, 10/13/1955, § 2]
Every owner of every building in the Township of Susquehanna
shall cause the same to be numbered as assigned by the Board of Township
Commissioners.
[Ord. 39-1955, 10/13/1955, § 3]
The Township Secretary shall send to the owner of every building
to which a number has been assigned notice of such number, directing
that such number be affixed to such building or elsewhere upon the
property in the manner prescribed by this Part, within 15 days of
such notice. Every property owner who shall fail to comply with such
notice, within the time stated therein, shall be guilty of a violation
of this Part.
[Ord. 39-1955, 10/13/1955, § 4]
Numbers as assigned to buildings in the Township according to
the provisions of this Part shall be affixed to or painted upon or
carved upon such building or upon a permanent standard, base or support,
between such building or street. Each number shall be of such height,
color and material as to be visible from the street and shall be constantly
maintained in complete and legible form; provided, however, that in
the case of buildings occupied by other than the owner thereof, the
occupant, as well as the owner shall be responsible for maintaining
numbers upon such buildings as hereby required.
[Ord. 39-1955, 10/13/1955, § 5]
Whenever a building shall hereafter be erected in the Township,
the owner thereof shall forthwith apply to the Board of Township Commissioners
for the official number thereof. The number assigned to such building
shall, within 15 days after notice of such assignment in writing by
the Township Secretary to the owner, shall be affixed in the manner
required by this Part in the case of existing buildings and shall
thereafter be maintained as hereby required for the numbers of existing
buildings.
[Ord. 39-1955, 10/13/1955, § 6; as amended by Ord.
89-16, 11/21/1989]
Any person, firm or corporation who shall violate any provision
of this Part shall, upon conviction thereof, be sentenced to pay a
fine of not more than $600 and costs, or in default of payment thereof,
shall be subject to imprisonment for a term not to exceed 30 days.
Each day that a violation of this Part continues shall constitute
a separate offense.
[Ord. No. 19-04, 7/25/2019[1]]
1.
It is the purpose and intent of the Township of Susquehanna to establish
a process to address the amount of deteriorating real property located
within the Township, which includes property, whether vacant or occupied,
which is in default, for which a public notice of default has been
filed, which is in foreclosure, or where ownership has been transferred
to a lender or mortgagee by any legal method. It is the Township'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.
2.
For the protection and promotion of the public health, safety and
welfare of the citizens of the Township of Susquehanna, the Board
of Commissioners hereby establishes the rights and obligations of
owners, mortgagees and property management companies of vacant and
abandoned properties within the Township and encourages owners, mortgagees
and property management companies to maintain and secure such property
through registration and compliance with the Township Code and this
Part.
[1]
Editor's Note: This ordinance superseded former Part
2, Registration, Maintenance and Security of Abandoned Real Property,
adopted by Ord. 11-14, 10/13/2011.
[Ord. No. 19-04, 7/25/2019]
1.
ABANDONED REAL PROPERTY
DEFAULT
ENFORCEMENT OFFICER
EVIDENCE OF VACANCY
FORECLOSURE
MORTGAGE
MORTGAGEE
MORTGAGEE IN POSSESSION
OWNER
PERSON
PROPERTY MANAGEMENT COMPANY
REAL PROPERTY
REGISTRABLE PROPERTY
REGISTRY
SEMIANNUAL REGISTRATION
VACANT
The following words, terms and phrases, when used in these sections,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
Any property that is vacant or is subject to a mortgage lender
and in default, under a current notice of default or notice of mortgagee's
sale, pending tax claim sale or vacant 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.
The mortgagor has not complied with the terms of the mortgage
on the property, or the promissory note, or other evidence of the
debt, referenced in the mortgage.
Any building official, zoning inspector, code enforcement
officer, health officer, fire inspector or building inspector employed
by the Township.
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
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.
A conveyance of title to property that is given as security
for the payment of debt or the performance of a duty and that will
become void upon payment or performance according to the stipulated
terms.
One to whom property is mortgaged or the mortgage creditor
or lender.
A mortgagee who takes control of mortgaged land by agreement
with the mortgagor, usually upon default of the loan secured by the
mortgage.
Any person, agent, operator, firm or corporation having a
legal or equitable interest in real property; or recorded in the official
records of the commonwealth, county or Township as holding title to
the property; or otherwise having control of the property, including
the guardian of the estate of any such person, and the trustee, executor
or administrator of the estate of such person if authorized by law
to take possession of real property, or if ordered or authorized to
take possession of real property by a court.
An individual, corporation, partnership or any other group
acting as a unit.
A property manager, property maintenance company or similar
entity or individual responsible for the maintenance of abandoned
real property.
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 within
Township limits.
Any real property located in the Township, 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.
A web-based electronic database of searchable real property
records, used by the Township to allow mortgagees the opportunity
to register properties and pay applicable fees as required in this
Part.
Six months from the date of the first action that requires
registration, as determined by the Township, or its designee, and
every subsequent six months the property is registrable. The date
of the initial registration may be different than the date of the
first action that required registration.
Any building/structure that is not legally occupied.
[Ord. No. 19-04, 7/25/2019]
These sections 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 Township above and beyond
any other state, county or local provisions for the same.
[Ord. No. 19-04, 7/25/2019]
1.
Any mortgagee who holds a mortgage on real property located within
the Township shall, upon default by the mortgagor and prior to the
issuance of a notice of default, perform an inspection of the property
that is the security for the mortgage. If the property is found to
be vacant or shows evidence of vacancy, it shall be deemed abandoned
real property and the mortgagee shall, within 10 days of the inspection,
register the property with the Township, or its designee, on forms
provided by the Township or through a website designated by the Township.
A registration is required for each property, whether vacant or occupied.
2.
If the property is occupied but the mortgage on the property remains
in default, the property shall be inspected by the mortgagee or his
designee monthly until: 1) the mortgagor or other party remedies the
default, or 2) 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, update the property registration to a
vacancy status.
3.
Registration pursuant to this section shall contain the name of the
mortgagee and the servicer, the direct mailing address of both parties,
a direct contact name and telephone number for both parties, a facsimile
number and email address for both parties, the folio or tax 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.
4.
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.
5.
At the time of initial registration, each registrant shall pay a
nonrefundable semiannual registration fee as established in the Township
Fee Schedule[1] and set by resolution of the Board of Commissioners, for
each registrable property. Subsequent semiannual registrations of
defaulted properties and fees are due within 10 days of the expiration
of the previous registration. Said fees shall be used to offset the
costs of: 1) registration and registration enforcement, 2) code enforcement
and mitigation related to defaulted properties, 3) post-closing counseling
and foreclosure intervention limited to owner-occupied persons in
default, which may not include cash and mortgage modification assistance,
and 4) for any related purposes as may be adopted in the policy set
forth in this Part.
[1]
Editor's Note: The Fee Schedule is on file in the Township
offices.
6.
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 semiannual 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 registration
fee.
7.
If the defaulted mortgage and/or servicing on a property is sold
or transferred, the new mortgagee is subject to all the terms of this
Part. Within 10 days of the transfer, the new mortgagee shall register
the property or update the existing registration. The previous 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 registrable property.
8.
If the mortgagee sells or transfers the registrable property in a
non-arm's-length transaction to a related entity or person, the
transferee is subject to all the terms of this Part. 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 registrable property.
9.
If the 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 remains unregistered and
shall be due and payable with the registration.
10.
Properties subject to this section shall remain under the registration
requirement, security and maintenance standards of this section as
long as they remain a registrable property.
11.
Any person or corporation that has registered a property under this
section must report any change of information contained in the registration
in writing within 10 days of the change to the mortgagee or his designee.
[Ord. No. 19-04, 7/25/2019]
1.
Properties subject to this section shall be kept free of weeds, overgrown
brush or grass, dead vegetation, trash, junk, debris, building materials,
any accumulation of newspapers, circulars, flyers, notices (except
those required by federal, state, or local law), abandoned vehicles,
portable storage devices, 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.
2.
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 shall be secured by reglazing of the window.
3.
If the property is owned by a corporation or mortgagee that is unable
or unwilling to perform maintenance and inspections itself, the corporation
or mortgagee shall contract with a property management company to
perform biweekly inspections to verify compliance with the requirements
of this section, and any other applicable laws.
4.
The mortgagee shall inspect or have inspected the property on a biweekly
basis to ensure that the property is in compliance with this section.
Upon the request of the Township, the mortgagee shall provide a copy
of the inspection reports to the Township Code Enforcement Department.
5.
Failure of the mortgagee or property owner of record to properly
maintain the property may result in a violation of the Township Code
and issuance of a citation. Pursuant to a finding and determination
by the Township's Code Enforcement Officer, the Township may
take the necessary action to ensure compliance with this section.
[Ord. No. 19-04, 7/25/2019]
The Township, or its designee, shall have authority to require
the mortgagee or owner of record of any property affected by this
section to implement additional maintenance 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 prevent a decline of the
property.
[Ord. No. 19-04, 7/25/2019]
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 these sanctions.
[Ord. No. 19-04, 7/25/2019]
1.
It shall be a violation of this Part to commit or permit any other
person to commit any of the following acts;
D.
To fail to perform the inspection and maintenance relating to properties so that they are maintained in a secure manner pursuant to the provisions of § 4-205 of this Part.
E.
To refuse to permit inspections required under this Part.
F.
To place any false information on or to omit relevant information
from an application for registration provided pursuant to this Part.
G.
To fail or refuse to comply with any other provision of this Part.
2.
Penalties and Remedies.
A.
Any person who shall violate any of the provisions of this Part shall
be guilty of a summary offense and, upon conviction thereof before
a District Magistrate, shall be sentenced to pay a fine of $500 and
the cost of prosecution for each and every offense, and in default
of payment thereof, shall be sentenced to imprisonment in Dauphin
County Prison for not more than 30 days. Each violation and each day
of violation shall constitute a separate offense.
B.
In addition to prosecution of the persons violating this Part, a
Susquehanna Township Enforcement Officer or any other duly authorized
agent of the Township may bring such civil or equitable actions, seeking
civil or equitable remedies, and any appropriate court of record of
the Commonwealth of Pennsylvania, against any persons and/or property,
real or personal, to effect the provisions of this Part. The remedies
and procedures of this Part are not intended to supplant or replace,
to any degree, the remedies provided to the Township in the Township
Building Code, Property Maintenance Code, Uniform Construction Code,
Zoning Ordinance, or any other Township code, ordinance or resolution.
1.
Any person aggrieved by the action of the Township or its designee
relevant to the provisions of this Part may appeal to the Capital
Region UCC Joint Appeals Board within 30 days of that action.
2.
Any person aggrieved by any decision of the Township or the Capital
Region UCC Joint Appeals Board relevant to the provisions of this
Part may appeal to the Dauphin County Court of Common Pleas within
30 days of the decision.
