It is the purpose and intent of the Township to establish a
process to address the deterioration and blight of Township neighborhoods
caused by an increasing amount of foreclosed or abandoned real property
located within the Township and to identify, regulate, limit and reduce
the number of abandoned properties located within the Township. It
is the Township's further intent to establish a registration
program as a mechanism to protect neighborhoods from becoming blighted
due to the 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 Township 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
Shall include, but not be limited to, the Township's Building Code; Chapter
200, Zoning; the Township's Code of Ordinances ("Township Code"); and the Pennsylvania Uniform Construction Code.
BLIGHTED PROPERTY
Properties that have broken or severely damaged windows,
doors, walls, or roofs which create hazardous conditions and encourage
trespassing; 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.
ENFORCEMENT OFFICER
Any Building Official, Zoning Officer, Code Enforcement Officer,
Building Inspector, Fire Inspector, law enforcement officer, or other
person authorized by the Township to enforce the applicable code(s).
FORECLOSED PROPERTY
Any real property located in the Township, whether vacant
or occupied, that is subject to an ongoing foreclosure action by the
lender in the Court of Common Pleas of Northampton County, 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.
PROPERTY MANAGEMENT COMPANY
A local 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 shall
be an additional remedy available to the Township above and beyond
any other state, county or local provisions for same.
Pursuant to the provisions of §
52-5, the Township or its designee shall establish a registry cataloging each foreclosed or abandoned property within the Township, 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 Forks Township.
Any person who violates or permits a violation of this chapter,
upon being found liable therefor in a civil enforcement proceeding,
shall pay a fine of not less than $400 and not more than $600, plus
all court costs, including reasonable attorney's fees incurred
in the enforcement of this chapter. No judgement shall be imposed
until the date of the determination of the violation by the District
Justice and/or court. Each day a violation exists shall constitute
a separate offense.
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 Township's Code Department within 45 days for
a final inspection report.
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 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 Township
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.
The federal government, its instrumentalities, and agents shall
be exempt from the payment of fees and fines under 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 Forks Township Board of Supervisors that this chapter would
have been adopted if such illegal, invalid or unconstitutional provisions
had not been included herein.