[HISTORY: Adopted by the City Council of the City of Lancaster 4-22-2014 by Ord. No. 4-2014. Amendments noted where applicable.]
A.
This chapter is adopted to:
(1)
Assist the City of Lancaster in protecting the public health, safety
and welfare;
(2)
Monitor the number of defaulted, foreclosed and/or vacant buildings
and structures in the City;
[Amended 12-18-2018 by Ord. No. 17-2018]
(3)
Assess the effects of the conditions of those buildings on nearby
businesses, buildings, structures, properties and the neighborhoods
in which they are located, particularly in light of the firesafety
hazards and unlawful, temporary occupancy by transients, including
illicit drug users and traffickers;
(4)
Require the owners of such defaulted, foreclosed or vacant buildings
and structures to register and pay related fees; and
[Amended 12-18-2018 by Ord. No. 17-2018]
(5)
Promote substantial efforts to rehabilitate such vacant buildings
and structures.
B.
The provisions of this chapter are in addition to and not in lieu
of any and all other applicable provisions of the Codified Ordinances
of the City of Lancaster and all relevant policies, procedures and/or
regulations adopted pursuant thereto.
For the purposes of this chapter, where terms are not defined,
such terms shall have ordinarily accepted meanings such as the context
implies. The following words shall have the meanings respectively
ascribed to them as follows:
Any real property located in the City, whether vacant or
occupied, that is in default on a mortgage, has had a "lis pendens"
action 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 sheriff's sale of real estate, 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.
Unless considered as "abandoned real property" as defined
above, an owner who, individually or through an agent, has placed
a "for sale" or "for lease" sign on the property with accurate contact
information, which is also provided to the Bureau of Code Compliance
and Inspections, and has done at least one of the following:
A building, structure or dwelling unit subject to the provisions
of this chapter if in place of one or more exterior doors, other than
storm door, or of one or more windows there is a sheet or sheets of
plywood or similar material covering the space for such door or window.
A mortgagee has initiated forbearance and/or foreclosure
proceedings against the mortgagor.
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.
[Amended 12-18-2018 by Ord. No. 17-2018]
A single unit providing complete, independent living facilities
for one or more persons, including permanent provisions for living,
sleeping, eating, cooking and sanitation.
The legal process by which a mortgagee, or other lienholder,
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, 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.
[Added 12-18-2018 by Ord.
No. 17-2018]
Any bank, mortgage company, lender, partnership, firm or
corporation having a legal or equitable interest in the property;
or is the entity noted in documents recorded in the official records
of the state, county or municipality as holding title to the property;
or otherwise having control of the property, including the holder
of a mortgage, guardian of the estate of any such person, and the
executor or administrator of the estate of such person if ordered
to take possession of real property by a court.
Written notice of a violation or requirement under this chapter
mailed, pursuant to first-class mail, to the last known address of
the owner of the property in question.
Unless considered as "abandoned real property" as defined
above, any building or structure where one or more persons actually
conducts a lawful business or resides in all or any part of the building
or structure as the legal business-occupant, or as the legal or equitable
owner/occupant or tenant on a permanent, nontransient basis, or any
combination of the same. For purposes of this chapter, evidence offered
to prove that a building or structure is so occupied may include,
but shall not be limited to, the regular receipt of delivery of regular
mail through the U.S. Postal Service; proof of continual telephone,
electric, gas, heating, water and sewer services; trash collection
services; a valid City business license; or the most recent federal,
state or City income tax statements indicating that the subject property
is the official business or residence address of the person or business
claiming occupancy; or current written leases indicating current occupancy
of the property.
A building or structure where any one or more exterior doors,
other than a storm door, is broken, open and/or closed, but without
a properly functioning lock to secure it, or if one or more windows
are broken or not capable of being locked and secured from intrusion
or any combination of the same.
Any person, agent, operator, partnership, firm or corporation
having a legal or equitable interest in the property; or is the person
or entity noted in documents recorded in the official records of the
state, county or municipality 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 executor or administrator of
the estate of such person if ordered to take possession of real property
by a court.
A public nuisance is:
Any building or structure which because of physical condition
or use has been declared a public nuisance in accordance with the
local housing, building, plumbing, fire and related codes.
Any building or structure which because of physical condition,
use or occupancy is considered an attractive nuisance to children
or other unauthorized person.
Any building or structure which because it is dilapidated, unsanitary,
unsafe, insect or vermin infested or lacking in the facilities and
equipment required by the City of Lancaster Codified Ordinances has
been designated by the City as a public nuisance.
Any building or structure which is a fire hazard or is otherwise
dangerous to the safety of person or property.
Any building or structure from which water, plumbing, heating,
sewage or other facilities have been disconnected, destroyed, removed
or ineffective so that the property creates a hazard to neighboring
properties.
Any building or structure which by reason of neglect or lack
of maintenance has become a place for accumulation of trash and debris
or a haven for rodents and other vermin.
Any building or structure which lacks an operable fire-protection
system meeting the requirements of all applicable provisions of the
Code of City of Lancaster.
Any building or structure which as a result of its dilapidated,
unsanitary, unsafe, insect or infested condition creates a danger
or a risk of danger to a neighboring 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 in
the City limits.
[Added 12-18-2018 by Ord.
No. 17-2018]
[Added 12-18-2018 by Ord. No. 17-2018]
Any real property located in the City, 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 judgment 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.
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 12-18-2018 by Ord.
No. 17-2018]
Any building or structure that is not legally occupied and
where the owner is not actively marketing the building or structure.
A.
The requirements of this chapter shall be applicable to all abandoned
real property and every vacant building and structure in the City
of Lancaster where the owner is not actively marketing the building
or structure and the building or structure is not boarded and each
owner of any building, whether governmental, commercial, residential
or institutional or owned by a nonprofit or a for-profit organization.
B.
Registration shall be required for all abandoned real property and
any vacant buildings and structures, whether vacant and secure, vacant
and open, or vacant and boarded where the mortgagee or owner is not
actively marketing the building or structure.
A.
Any mortgagee who holds a mortgage on real property located within
the City of Lancaster 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 Bureau of Code Compliance and Inspections, or 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 his designee monthly until a) the mortgagor or
other party remedies the default or b) 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 on forms provided by the
City.
C.
Registration pursuant to this section shall contain the name of the
mortgagee and the server, the direct mailing address of the mortgagee
and the server, a direct contact name and telephone number for both
parties, e-mail address for both parties, the PIN 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.
D.
At the time of initial registration, each registrant shall pay a
nonrefundable semiannual registration fee of $200 for each defaulted
property. Subsequent semiannual registrations of defaulted properties
and fees in the amount of $200 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, and 3) for any related
purposes as may be adopted in the policy set forth in this chapter.
Said fees shall be deposited to a special account in the City's
department dedicated to the cost of implementation and enforcement
of this chapter, and fulfilling the purpose and intent of this chapter.
[Added 12-18-2018 by Ord.
No. 17-2018[1]]
E.
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 $200 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 $200.
[Added 12-18-2018 by Ord.
No. 17-2018]
F.
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
chapter. 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 defaulted property.
[Added 12-18-2018 by Ord.
No. 17-2018]
G.
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 12-18-2018 by Ord.
No. 17-2018]
H.
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 is not registered and shall
be due and payable with the registration.
[Added 12-18-2018 by Ord.
No. 17-2018]
I.
All registration fees must be paid directly from the mortgagee, servicer,
trustee, or owner. Third-party registration fees are not allowed without
the consent, in writing, of the City and/or its authorized designees.
J.
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.
K.
Properties subject to this section shall remain under the annual
registration requirement and the inspection, security and maintenance
standards of this chapter as long as they remain vacant, in default,
or identified as a public nuisance.
L.
Pursuant to any administrative or judicial finding and determination
that any property is in violation of this chapter, the City may take
the necessary action to ensure compliance with the chapter and place
a lien on the property for the cost of the work performed to benefit
the property and bring it into compliance with the chapter.
[Amended 12-18-2018 by Ord. No. 17-2018]
A.
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.
B.
Initial registration pursuant to this section shall contain, at a
minimum, the name of the owner, the mailing address of the owner,
e-mail address and telephone number of the owner, and, if applicable,
the name and telephone number of the property manager and said person's
address, e-mail address, and telephone number.
C.
At the time of initial registration, each registrant shall pay a
nonrefundable semiannual registration fee of $200 for each vacant
property. Subsequent semiannual registrations of vacant properties
and fees in the amount of $200 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 vacant properties, and 3) for any related
purposes as may be adopted in the policy set forth in this chapter.
Said fees shall be deposited to a special account in the City's
department dedicated to the cost of implementation and enforcement
of this chapter, and fulfilling the purpose and intent of this chapter.
D.
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 $200 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 $200.
E.
If the property is sold or transferred, the new owner is subject
to all the terms of this chapter. Within 10 days of the transfer,
the new owner shall register the vacant property or update the existing
registration. The previous owner(s) will not be released from the
responsibility of paying all previous unpaid fees, fines, and penalties
accrued during that owner's involvement with the vacant property.
F.
If the vacant property is not registered, or either the registration
fee or the semiannual registration fee is not paid within 30 days
of when the registration or semiannual registration 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. This section shall apply to the initial registration
and registrations required by subsequent owners of the vacant property.
G.
Properties subject to this section shall remain subject to the semiannual
registration requirement, and the inspection, security, and maintenance
standards of this section, as long as the property is vacant.
H.
Failure of the owner to properly register or to modify the registration
to reflect a change of circumstances as required by this section is
a violation of this chapter and shall be subject to enforcement by
any of the enforcement means available to the City.
I.
If any property is in violation of this chapter, the City may take
the necessary action to ensure compliance and place a lien on the
property for the cost of the outstanding obligation and any additional
cost incurred to bring the property into compliance.
J.
Properties registered as a result of this section are not required
to be registered again pursuant to the defaulted mortgage property
section.
If none of the persons listed as an owner, mortgagee, executor,
administrator, trustee, or principal on the registration statement
has an address in Lancaster County, the registration statement also
shall provide the name, address, telephone number and e-mail address
of a person who resides within the County of Lancaster and who shall
be designated by the owner as the responsible local agent who is authorized
to accept service of process, notices, statements, invoices and other
communications resulting from and/or relating to this chapter on behalf
of the owners. The local agent shall be responsible for, including,
but not limited to, providing City of Lancaster code officials with
access to the building or structure for the purposes of making inspections,
receiving notification in the event of an emergency affecting the
public health, safety or welfare and for purposes of service of any
and all notices or registration statements as herein authorized and
in connection herewith. The owner and local agent shall be jointly
and severally legally responsible for compliance with the City of
Lancaster codes and Codified Ordinances and the laws of the Commonwealth
of Pennsylvania with regard to the registered property.
[Amended 12-18-2018 by Ord. No. 17-2018]
If the status of the registration information changes during
the course of any calendar year, it is the responsibility of the mortgagee,
owner and/or local agent to contact the Code Compliance and Inspections
Office or designee within 10 calendar days of the occurrence of such
change and advise the office in writing of those changes. Failure
of the mortgagee, owner and/or local agent to modify the registration
from time to time to reflect a change of circumstances as required
by this chapter is a violation of the chapter and shall be subject
to enforcement.
[Amended 12-18-2018 by Ord. No. 17-2018]
A.
The mortgagee of abandoned real property or owner of vacant property
shall be responsible for filing of his/her semiannual registration
statement and, where applicable, payment of the nonrefundable semiannual
registration fee. Said fee shall be $200 per building and structure
which have not been declared a public nuisance by the City of Lancaster
Bureau of Code Compliance and Inspections, Bureau of Police or Bureau
of Fire and the exterior of said building or structure is compliant
with the applicable Building, Fire and Property Maintenance Codes
and ordinances of the City of Lancaster.
B.
Semiannual fee.
(1)
The semiannual fee for abandoned real property and a vacant building
or structure that is a public nuisance or becomes non-code-compliant
on the exterior, which may be changed from time to time by resolution
of City Council, shall be:
(a)
For buildings or structures that have been vacant for up to,
but no more than, two years: $500;
(b)
For buildings or structures that have been vacant for at least
two but no more than five years: $1,000;
(c)
For buildings or structures that have been vacant for at least
five but no more than 10 years: $2,500; and
(d)
For buildings that have been vacant for 10 years or more: $5,000.
(2)
The fee shall increase by $1,000 for each year beyond the 10 years
that the building has been vacant.
(3)
The fees set forth in this section may be changed from time to time
by resolution of City Council.
A mortgagee or owner may appeal a determination of a public
nuisance or exterior non-code compliant ruling to the Housing Code
Board of Appeals by filing an application in writing and submitting
the required fee no later than 10 business days after the date of
the billing statement.
Except for those mortgagees and owners that have properly submitted
an appeal as set forth herein, if the mortgagee or owner fails to
pay the amount due within 30 calendar days, said amount shall constitute
a debt due and owing to the City of Lancaster, and the City may either
enter a lien on the property or turn it over to a collection agency
for receipt as provided by law.
[Amended 12-18-2018 by Ord. No. 17-2018]
A one-time, one-year waiver of the semiannual registration fee
may be granted by the Bureau of Code Compliance and Inspections upon
application of the mortgagee or owner, and upon review and advice
of the Solicitor's Office, within 10 business days of the date
of the bill for the annual registration fee, if the mortgagee or owner:
A.
Demonstrates with satisfactory proof to the Bureau of Code Compliance
and Inspections or Bureau of Fire that he/she has submitted a valid
architectural and renovation plan, based on the City's permits
and planning application procedures and otherwise has shown good faith
efforts to efficiently rehabilitate, demolish or otherwise substantially
repair or improve said vacant building or structure; or
B.
Properly secures the property from entry, removes all exterior hazards
as determined by the Bureau of Code Compliance and Inspections or
Fire Bureau (broken glass, loose building materials, etc.), maintains
grass and weeds, and removes all trash on the exterior of the property.
Failure to do any of the above will result in the full semiannual
registration fee being due and payable immediately upon written notice
from the City.
Within 30 days after the waiver application is received by the
Bureau of Code Compliance and Inspections, and upon review by said
bureau and upon the advice of the Solicitor's Office, the Bureau
of Code Compliance and Inspections shall grant or deny the waiver
in writing and dispatch the written decision by mail to the mortgagee
or owner. If the mortgagee or owner properly submitted an application
for a one-time waiver to the Bureau of Code Compliance and Inspections
and that application were denied, the mortgagee or owner may seek
an appeal by filing an appeal request to the Housing Board of Appeals,
in writing, within 10 business days of receipt of the denial.
[Amended 12-18-2018 by Ord. No. 17-2018]
A.
Semiannual inspections. An inspection of the registered abandoned
real estate or vacant building may be performed by the Bureau of Code
Compliance and Inspections semiannually or as necessary. If violations
are identified, the Bureau of Code Compliance and Inspections shall
issue a notice of violation as per the requirements of the City of
Lancaster's Property Maintenance Code or Fire Code and give notice
to the mortgagee or owner to comply with the codes with a reasonable
time to cure. If the violations are not corrected within the time
given, the property shall be declared a public nuisance in accordance
with this chapter.
B.
Complaint semiannual inspections. Nothing in this section shall preclude
a City code official from performing a semiannual inspection upon
receipt of a complaint of violation of any City ordinances.
C.
Right of entry. Code officials are authorized to make semiannual
inspections at any reasonable hour to determine compliance with the
aforementioned codes. Every mortgagee, owner, local agent, or operator
shall allow inspectors, officers or representatives of the Bureau
of Code Compliance and Inspections or Fire Bureau unrestricted access.
D.
Search warrant. If any mortgagee, owner, local agent or other person
in charge of a building or structure subject to the provisions of
this chapter refuses, impedes, inhibits, interferes with, restricts
or obstructs entry and access to every part of the structure or premises
where semiannual inspection authorized by this chapter is sought,
the appropriate City code official may apply for an administrative
search or semiannual inspection warrant to a court of competent jurisdiction
and shall supply all necessary affidavits and testimony to indicate
that there is a reasonable or probable cause to conduct such a semiannual
inspection.
E.
Notice. All notices scheduling a semiannual inspection shall be mailed
via regular mail to the owner of record, with a copy mailed via regular
mail to the local agent.
F.
Failure to appear for a semiannual inspection. If the mortgagee,
owner or his/her local agent cannot be available at the proposed time,
said mortgagee, owner or local agent shall provide no less than 24
hours' written notice to the Deputy Director, Bureau of Code
Compliance and Inspections. Upon failure to give such written notice
or upon failure to gain entry, an administrative fee of $75 will be
assessed against the owner. For each rescheduling beyond the second
rescheduling, an administrative fee of $100 shall be assessed. Failure
to pay the administrative fee shall, at the discretion of the City
code official, constitute a violation of this chapter and/or the applicable
City code. Failure of a mortgagee, owner or his/her local agent to
appear for a scheduled inspection shall be considered probable cause
for obtaining a search warrant to inspect the premises.
G.
Special requested inspections. Whenever an owner, mortgagee, purchaser
or other interested party requests a special inspection of a property
regulated by this chapter, or a certification that a property is in
compliance with this chapter or other applicable City ordinances pertaining
to structural condition, if such request is made in connection with
the sale, conveyance, transfer, financing or refinancing of such property,
the requestor shall pay a fee of $200 to the City of Lancaster to
defray the expenses of making such inspection, which fee may be changed
from time to time by resolution of City Council. If an inspection
or certification is requested under or pursuant to Pennsylvania Act
32 of 2018[1] or other Pennsylvania or federal law, the requestor shall
pay the City all of the City's inspection costs and fees, including
fees for attending depositions and hearings and other court proceedings,
and any other fees authorized by such actual law, which fees and costs
shall be established from time to time by resolution of City Council.
Any such inspection required under this section is not and shall not
take the place of nor be the substitute for a prepurchase property
inspection, and the City of Lancaster shall not be liable for any
undiscovered problems with the real estate being inspected. Inspections
held hereunder will determine compliance with the City's Property
Maintenance Code and not the ICC Building Code. Moreover, no such
inspection will include an analysis of the age of the property's
systems and their useful life. Should, however, any Property Maintenance
Code violations be discovered during such inspection, the party requesting
the inspection, along with the owners of the property, shall be held
responsible for rectifying them and will be issued notices of violation
in accordance with applicable City ordinances.
[1]
Editor's Note: See 68 Pa.C.S.A. § 2301 et seq.
A.
Registration fees. The owner shall have the right to appeal the imposition
of registration fees by reason of the property being vacant, but not
in default, to the Housing Code Board of Appeals upon filing an appeal
in writing to the Bureau of Code Compliance and Inspections no later
than 10 business days after the date of the billing statement. On
appeal, the owner shall bear the burden of providing satisfactory
objective proof of occupancy.
[Amended 12-18-2018 by Ord. No. 17-2018]
B.
Public nuisance and exterior non-code compliance. The mortgagee or
owner shall have the right to appeal the determination that a building
or structure is a public nuisance or the exterior is non-code compliant
to the Housing Code Board of Appeals upon filing an appeal in writing
to the Bureau of Code Compliance and Inspections no later than 10
business days after notification of said determination. On appeal,
the mortgagee or owner shall bear the burden that the property is
not a public nuisance and the exterior is code compliant.
C.
Fees. The fee for filing of an appeal to Housing Code Board of Appeals
shall be $100, which fee may be changed from time to time by resolution
of City Council. Failure to submit the appropriate fee with the request
for an appeal shall result in automatic denial of the appeal. In addition
to said fee, the appellant shall be responsible for all costs incurred
to conduct a hearing beyond that covered by the fee, including advertising
and legal fees.
Administration and enforcement of this chapter shall remain
under the control of the Bureau of Code Compliance and Inspections
and the Lancaster City Bureau of Fire. The City of Lancaster retains
the right to engage the services of a third party to administer any
or all of the provisions of this chapter.
A.
Violations. The failure or refusal for any reason of any mortgagee,
owner, or local agent of an owner acting on behalf of the owner to
file a registration statement, to pay any fees required to be paid
pursuant to the provisions of this chapter, or to appear for an inspection
shall constitute a violation. The violations shall be deemed a strict
liability offense.
B.
Prosecution of violations. The Chief Building Official and/or Bureau
Chief of Code Compliance and Inspections or the Fire Marshal or their
designee(s) shall have the authority to institute the appropriate
proceedings at law or in equity, to correct or abate such violation
of the provisions of this chapter or of the order or direction made
pursuant thereto. Such authority shall include but not be limited
to the institution of summary criminal proceedings via the issuance
of a nontraffic citation in accord with the Pennsylvania Rules of
Criminal Procedures in the court of appropriate jurisdiction.
C.
Penalties. Any person who shall violate any provision of this chapter
shall, upon conviction thereof, be sentenced to pay a fine of not
less than $500 nor more than $1,000 for the first two continual and
uncorrected failure or refusal to register, or for each failure or
refusal to pay, and not exceeding $5,000 for the third and any subsequent
continual and uncorrected failure or refusal to register or for each
subsequent failure or refusal to pay, or imprisonment for any term
not exceeding 90 days. Each day that a violation of this chapter continues,
or each section of this chapter which shall be found to have been
violated, shall constitute a separate offense.
D.
Remediation of public nuisance. In addition to the fines as set forth
above, the owner of the property can be required to immediately address
and eliminate the public nuisance. Failure to do so within 15 business
days of notification, weather permitting, will allow the City to proceed
to hire a qualified contractor of its sole choosing to eliminate the
public nuisance. The City shall bill the owner for said work, and
payment will be due within 15 business days of the date of the invoice,
or do the work itself. Failure of the owner to pay the City will constitute
a debt due and owing to the City, and the City may either enter a
lien on the property for the full amount invoiced, plus costs, or
turn it over to a collection agency for receipt as provided by law.
In no instance shall the registration of abandoned real estate
or a vacant building and the payment of registration fees be construed
to exonerate the owner, local agent or other responsible party from
responsibility for compliance with any other City of Lancaster code
or ordinance.
The penalty, collection and lien provisions of this chapter
shall be independent, non-mutually exclusive separate remedies, all
of which shall be available to the City of Lancaster as may be deemed
appropriate for carrying out the proposes of this chapter. The remedies
and procedures provided in this chapter for violation hereof are not
intended to supplant or replace to any degree the remedies and procedures
available to the City of Lancaster in the case of a violation of any
other City of Lancaster Code or Ordinance, whether or not such other
code or ordinance is referenced in this chapter, and whether or not
an ongoing violation of such other code or ordinance is cited as the
underlying ground for a finding of a violation of this chapter.
Nothing in this chapter shall be meant or utilized to override
or circumvent a property under consideration, review and in the process
of rehabilitation by the City of Lancaster Property Reinvestment Board
program. A property under agreement with the Lancaster Property Reinvestment
Board or Redevelopment Authority of the City of Lancaster to be rehabilitated
shall continue to be required to register as abandoned real estate
or a vacant building or structure pursuant to this chapter.
