It is the purpose and intent of the Borough to establish a process
to address the deterioration and blight of Borough neighborhoods caused
by an increasing amount of foreclosed or abandoned, real property
located within the Borough, and to identify, regulate, limit and reduce
the number of abandoned properties located within the Borough. It
is the Borough's further intent to establish a registration program
as a mechanism to protect neighborhoods from becoming blighted due
to lack of adequate maintenance and security of foreclosed and abandoned
properties.
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.
ABANDONED PROPERTY
Any real property in the Borough that has become both vacant
and blighted.
ACCESSIBLE PROPERTY/STRUCTURE
A property or structure that is accessible through a compromised/breached
gate, fence, wall, etc. or a structure that is unsecured and/or breached
in such a way as to allow access to the interior space by unauthorized
persons.
APPLICABLE CODES
To include, but not be limited to, the Borough's Property
Maintenance Code, the Borough's Building Code, the Borough's Zoning Code, the Borough's Code of Ordinances ("Borough Code"),
and the Pennsylvania Uniform Construction Code.
BLIGHTED PROPERTY
A.
Properties that have broken or severely damaged windows, doors,
walls, or roofs which create hazardous conditions and encourage trespassing;
or
B.
Properties cited for a public nuisance pursuant to the Borough
Codes; or
C.
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 Borough Codes.
ENFORCEMENT OFFICER
Any building official, zoning officer, code enforcement officer,
building inspector, fire inspector, law enforcement officer, or other
person authorized by the Borough to enforce the applicable code(s).
FORECLOSED PROPERTY
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 assessors lien sale,
or has been transferred to the lender under a deed in lieu of foreclosure.
The designation of a property as "foreclosed" 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.
OWNER
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.
PROPERTY MANAGEMENT COMPANY
A property manager, property maintenance company or similar
entity responsible for the management and/or maintenance of real property.
These sections shall be considered cumulative and not superseding
or subject to any other law or provision for same, but rather be an
additional remedy available to the Borough above and beyond any other
state, county or local provisions for same.
Pursuant to the provisions of §
138A-5, the Borough or designee shall establish a registry cataloging each foreclosed or abandoned property within the Borough, containing the information required by this chapter.
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 Borough of Wilson.
Any person who shall violate the provisions of this chapter may by cited and fined as provided in §
139-1 of the Wilson Borough Code of Ordinances. The following table shows violations of these sections, as may be amended from time to time, which may be enforced pursuant to the provisions of this regulation; and the dollar amount of civil penalty for the violation of these sections as it may be amended. The descriptions of violations below are for informational purposes only and are not meant to limit or define the nature of the violations or subject matter of the Borough Code sections, except to the extent that different types of violations of the Code section may carry different civil penalties. For each Code section listed in the schedule of civil penalties, the entirety of the section may be enforced by the mechanism provided in this section, regardless of whether all activities prescribed or required are described in the "Description of Violation" column. To determine whether a particular activity is prescribed or required by this code, the relevant Borough Code section(s) shall be examined.
Description of Violation
|
Civil Penalty
|
---|
Failure to register abandoned or foreclosed real property on
an annual basis and/or any violation of the sections stated within
|
$500
|
Adherence to this chapter does not relieve any person, legal
entity or agent from any other obligations set forth in any applicable
code(s), which may apply to the property. Upon sale or transfer of
title to the property, the owner shall be responsible for all violations
of the applicable code(s) and the owner shall be responsible for meeting
with the Borough's Code Department within 45 days for a final
inspection report.
Whoever opposes, obstructs or resists any enforcement office
or any person authorized by the enforcement office in the discharge
of duties as provided in this chapter shall be punishable as provided
in the applicable code(s) or a court of competent jurisdiction.
Any enforcement officer or any person authorized by the Borough
to enforce the sections 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 chapter.
If any section, sentence, clause or phrase of this chapter is
held to be invalid or unconstitutional by any court of competent jurisdiction,
then said holding shall in no way affect or impair any of the remaining
portions of this chapter. It is hereby declared to be the intention
of the Wilson Borough Council that this article would have been adopted
if such illegal, invalid or unconstitutional provisions had not been
included herein.