[Adopted 9-18-2013 by Ord. No. 1184]
[Amended 11-13-2019 by Ord. No. 1217]
It is the purpose and intent of the Council to establish a process
to address the deterioration, crime, and decline in value of Borough
neighborhoods caused by property with foreclosing or foreclosed mortgages
located within the Borough, and to identify, regulate, limit and reduce
the number of these properties located within the Borough. It has
been determined that owner-occupied structures are generally better
maintained when compared to vacant structures, even with a diligent
off-site property owner. Vacant structures or structures owned by
individuals who are economically strained and unable to meet their
mortgage obligations are often not properly or diligently maintained,
which contribute to blight, declined property values, and have a negative
impact on social perception of the residential areas where they are
located. It is the Council's further intent to establish a registration
program as a mechanism to help protect neighborhoods from becoming
blighted through the lack of adequate maintenance of properties that
are in foreclosure or foreclosed, and to provide a mechanism to avert
foreclosure actions through timely intervention, education, or counseling
of property owners.
[Amended 11-13-2019 by Ord. No. 1217]
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:
Wrecked or derelict property which has been left abandoned
and unprotected from the elements and shall include wrecked, inoperative
or partially dismantled motor vehicles, trailers, boats, machinery,
refrigerators, washing machines, plumbing fixtures, furniture and
any other similar article which has been left abandoned and unprotected
from the elements.
Personal property that is accessible through a compromised/breached
gate, fence, wall, etc.
A vacant structure/building that is unsecured and/or breached
in such a way as to allow access to the interior space by unauthorized
persons.
Twelve months from the date of the first action that requires
registration, as determined by the Borough, or its designee, and every
subsequent 12 months. The date of the initial registration may be
different than the date of the first action that required registration.
The law and ordinance Enforcement Officer, Building Official,
Zoning Inspector, Code Enforcement Officer, Fire Inspector or Building
Inspector employed by the Borough.
Any condition that on its own, or combined with other conditions
present, would lead a reasonable person to believe that real property
is vacant. Such conditions may include, but not be limited to, overgrown
and/or dead vegetation, accumulation of abandoned personal property,
as defined herein, statements by neighbors, passersby, delivery agents
or government agents, or other evidence that the property is vacant.
This shall further include a parcel of real property which is "accessible."
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.
Any wrecked or partially dismantled vehicle that is parked
or stored without having all the wheels mounted, or is in a condition
of substantial disrepair, or which is parked or stored without having
tires inflated, or other similar condition.
The creditor, including but not limited to, trustees; mortgage
servicing companies; lenders in a mortgage agreement; any agent, servant,
or employee of the creditor; any successor in interest; or any assignee
of the creditor's rights, interests or obligations under the
mortgage agreement; or any other person or entity with the legal right
to foreclose on the real property, excluding governmental entities.
The value of an article of abandoned derelict property which
a reasonably prudent person would believe is the fair market value
of the property, taking into consideration its useful life, earning
capacity or replacement cost, less depreciation and items of general
or special depreciation, would be nominally greater than the costs
of salvage, including the removal, transportation, storage and sale
of same.
Every person, entity, or mortgagee, who alone or severally
with others, has legal or equitable title to any real property as
defined by this chapter; has legal care, charge, or control of any
such property; is in possession or control of any such property; and/or
is vested with possession or control of any such property. The property
manager shall not be considered the owner.
An individual, corporation, partnership, limited liability
company or partnership or any other type of legal entity permitted
under Pennsylvania law.
All lands and improvements other than public lands and improvements.
A local property manager, property maintenance company or
similar entity responsible for the maintenance of abandoned real property.
Canals, all waterways, lands and improvements owned by a
governmental body or any governmental agency, including but not limited
to easements and rights-of-way, but excluding the campus of any institution
of the state university system.
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 Borough limits.
Any real property located in the Borough, whether vacant or
occupied, that is encumbered by a mortgage 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 "foreclosure" property as "registrable" shall
remain in place until such time as the property is sold to a non-related
bona fide purchaser in an arm's length transaction or the foreclosure
action has been dismissed; or
Any property that is vacant for more than 30 days or any cancellation
of utility or service, whichever occurs first.
A web-based electronic database of searchable real property
records used by the Borough to allow mortgagees and owners the opportunity
to register properties and pay applicable fees as required in this
chapter.
Six months from the date of the first action that requires
registration, as determined by the Borough, 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.
Any utility and/or service that is essential for a building
to be habitable and/or perform a service necessary to comply with
all Borough codes. This includes, but is not limited to, electrical,
gas, water, sewer, lawn maintenance, pool maintenance, and snow removal.
Any building/structure that is not legally occupied.
This provisions of this article shall be deemed to provide cumulative
remedies to the Borough and shall not be considered to supplant any
other remedies available to the Borough.
All abandoned personal and 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.
A.
When an enforcement officer ascertains that an article of personal
property having nominal salvage value lies abandoned or derelict upon
private property, that officer shall:
(1)
Cause a notice to be placed upon such abandoned property in the substantially
following form:
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NOTICE TO THE OWNER AND ALL PERSONS INTERESTED IN THE ATTACHED
PROPERTY:
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THIS PROPERTY, TO WIT:
(setting forth brief description)
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LOCATED AT:
(setting forth brief description of location) is:
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IMPROPERLY STORED AND IS IN VIOLATION OF (setting forth ordinance
or violation violated) AND MUST BE REMOVED WITHIN FIVE DAYS FROM THE
DATE OF THIS NOTICE; OTHERWISE IT SHALL BE PRESUMED TO BE ABANDONED
PROPERTY AND WILL BE REMOVED AND SOLD OR DESTROYED BY ORDER OF THE
BOROUGH OF WEST MIFFLIN, PA, DATED THIS (setting forth the date of
posting of notice)
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SIGNED
(setting forth name, title, address and telephone number of
enforcement officer).
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(2)
Such notice shall be not less than eight inches by 10 inches and
shall be sufficiently weatherproof to withstand normal exposure to
the elements.
B.
The enforcement officer shall also make reasonable effort to ascertain
the name and address of the owner of the abandoned property, and if
such address is reasonably available, the officer shall mail, by certified
mail, a copy of the notice to the owner on or before the date of posting
the above-described notice on the abandoned personal property.
C.
The enforcement officer shall mail, by certified mail, a copy of
the above-described notice to the owner of the real property upon
which the abandoned personal property is located, as shown by the
real estate tax records used by the county or any other address provided
to the local government by such owner, on or before the date of posting
such notice.
A.
If at the end of five days after posting notice under this article
the owner or any person interested in such abandoned personal property
described in the notice has not removed same, the enforcement officer
may cause the article of abandoned personal property to be removed
and destroyed, and the salvage value, if any, of such article shall
be retained by the Borough to be applied to the cost of removal and
destruction thereof.
B.
Before destruction, for abandoned property on public lands or private
lands, at the end of the five-day period of posting of such notice,
if the owner or person having interest in the property has not removed
the abandoned property from public or private property, or shown reasonable
cause for failure to do so, the Borough may cause the property so
described to be removed by a towing company, which shall cause the
article or articles of abandoned property to be removed and placed
in storage if applicable with the local, state and federal regulations.
At the conclusion of the required storage, if the article is not claimed
and if the salvage value is above $100, the towing company shall pay
the Borough of West Mifflin the sum of $25 or 10% of such value, whichever
is greater, for the administrative costs in handling with said article.
If the article is claimed, the Borough shall receive $25 as an administrative
fee.
C.
It is unlawful to remove abandoned personal property, including inoperative
vehicles, from private property to public property after the posting
of said property by an enforcement officer.
D.
An inoperative vehicle shall not be on private property unless it
is within a completely enclosed building structure or a designated
storage area, which includes a wall or hedge to screen the stored
inoperative vehicle from view.
E.
In the event that the abandoned property is deemed to be an imminent
public health and safety hazard, an enforcement officer is authorized
to remove the property immediately. Subsequent to the removal of the
abandoned property, the Borough shall make reasonable and diligent
efforts to ascertain the owner and take the applicable action. If
the abandoned property is on private property, the private property
owner shall be provided notice and assessed the cost of removal of
the abandoned property and any required cleanup of the private property.
[Amended 11-13-2019 by Ord. No. 1217]
A.
Any mortgagee who holds a mortgage on real property located within
the Borough of West Mifflin shall perform an inspection of the property
upon default by the mortgagor as evidenced by the filing of a foreclosure
action.
B.
Property inspected pursuant to Subsection A above that remains in foreclosure shall be inspected every 30 days by the mortgagee or mortgagee's designee. If an inspection shows a change in the property's occupancy status the mortgagee shall, within 10 days of that inspection, update the occupancy status of the property registration.
C.
Within 10 days of the date any mortgagee files a foreclosure action,
the mortgagee shall register the real property with the Borough registry,
and, at the time of registration, indicate whether the property is
vacant, and if so shall designate in writing a property manager to
inspect, maintain, and secure the real property subject to the mortgage
under a foreclosure action. A separate registration is required for
each property under a foreclosure action, regardless of whether it
is occupied or vacant.
D.
Initial registration pursuant to this section shall contain at a
minimum the name of the mortgagee, the mailing address of the mortgagee,
email address, telephone number and name of the property manager and
said person's address, email address, and telephone number.
E.
At the time of initial registration each registrant shall pay a nonrefundable
semiannual registration fee of $300 for each property. Subsequent
nonrefundable semiannual renewal registrations of properties and fees
in the amount of $400 are due within 10 days of the expiration of
the previous registration. Said fees shall be used to offset the costs
of: registration and registration enforcement, code enforcement and
mitigation related to defaulted properties; post-closing counseling
and foreclosure intervention limited to owner-occupied persons in
default, which may not include cash and mortgage modification assistance;
and 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 Borough's Department dedicated to the cost of implementation
and enforcement of this article, and fulfilling the purpose and intent
of this chapter. None of the funds provided for in this section shall
be utilized for the legal defense of foreclosure actions.
F.
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 nonrefundable $300 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 nonrefundable $300 semiannual registration fee.
G.
If the mortgage and/or servicing on a registrable 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 registrable property.
H.
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 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 foreclosed property.
I.
If the foreclosing or foreclosed 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.
J.
This section shall also apply to properties that have been the subject
of a foreclosure sale where title is transferred to the mortgagee
as well as any properties transferred to the mortgagee under a deed
in lieu of foreclosure or by any other legal means.
K.
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 remains registrable
property.
L.
Failure of the mortgagee and/or property owner of record to properly
register or to modify the registration to reflect a change of circumstances
as required by this article is a violation of this chapter and shall
be subject to enforcement by any of the enforcement means available
to the Borough.
M.
If any property is in violation of this chapter the Borough may take
the necessary action to ensure compliance with and/or place a lien
on the property for the cost of the outstanding obligation and any
additional cost incurred to the property into compliance.
[Added 11-13-2019 by Ord.
No. 1217]
A.
Any owner of vacant property located within the Borough shall within
10 days after the property becomes vacant, register the real property
with the Borough Registry.
B.
Initial registration pursuant to this section shall contain at a
minimum the name of the owner, the mailing address of the owner, email
address, and telephone number of the owner, and if applicable, the
name and telephone number of the property manager and said person's
address, email address, and telephone number.
C.
At the time of initial registration each registrant shall pay a nonrefundable
annual registration fee of $300 for each vacant property. Subsequent
nonrefundable annual renewal registrations of vacant properties and
fees in the amount of $300 are due within 10 days of the expiration
of the previous registration. Said fees shall be used to offset the
costs of: registration and registration enforcement; code enforcement
and mitigation related to vacant properties; and 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 Borough's Department
dedicated to the cost of implementation and enforcement of this article,
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 nonrefundable $300 annual registration
fee.
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 annual registration fee is not paid within 30 days of when
the registration or annual registration is required pursuant to this
section, a late fee shall be equivalent to 10% of the annual 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 annual
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 article is
a violation of this chapter and shall be subject to enforcement by
any of the enforcement means available to the Borough.
I.
If any property is in violation of this chapter the Borough may take
the necessary action to ensure compliance with and place a lien on
the property for the cost of the outstanding obligation and any additional
cost incurred to the property into compliance.
J.
Properties registered as a result of this section are not required
to be registered again pursuant to the foreclosure mortgage property
section.
A.
Properties subject to this chapter shall be kept free of weeds, overgrown
brush, dead vegetation, trash, junk, debris, building materials, any
accumulation of newspapers, circulars, flyers, notices, except those
required by federal, state or local law, 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.
B.
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.
C.
Front, side and rear yard landscaping shall be maintained in accordance
with the Borough's standard at the time registration was required.
D.
Landscape 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.
Landscape shall not include weeds, gravel, broken concrete, asphalt
or similar material.
E.
Maintenance shall include, but not be limited to, watering, irrigation,
cutting and mowing of required landscape and removal of all trimmings.
F.
Pools and spas shall be maintained so the water remains free and
clear of pollutants and debris. Pools and spas shall comply with the
enclosure requirements of the Codified Ordinances of the Borough of
West Mifflin as well as the Uniform Construction Code and/or the International
Property Maintenance Code, as amended from time to time.
G.
All such properties must be maintained in compliance with all property
maintenance codes in effect in the Borough.
H.
Failure of the mortgagee and/or property owner of record to properly
maintain the property may result in a violation of the Borough Code
and issuance of a citation or notice of violation/notice of hearing
by the Borough's Code Enforcement Officer. Pursuant to a finding and
determination by the Borough's special magistrate, the Borough may
take the necessary action to ensure compliance with this section.
A.
Properties subject to this article 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 a child to access the interior of the property and/or
structure. Broken windows shall be secured by reglazing or boarding
of the window.
C.
If real property is owned by an out-of-area person, such person must
employ a local property management company to perform reasonable and
timely inspections to maintain compliance with this article and any
other applicable laws.
D.
Posting.
(1)
The property shall be posted with the name and twenty-four-hour contact
phone number of the local property management company. The posting
shall be no less than an eight-inch-by-ten-inch sign. The posting
shall contain the following language:
THIS PROPERTY IS MANAGED BY:
TO REPORT PROBLEMS OR CONCERNS CALL:
(2)
The posting shall be placed on the interior of a window facing the
street to the front of the property so it is visible or secured to
the exterior of the building/structure facing the street to the front
of the property so it is visible or, if no such area exists, on a
stake of sufficient size to support the posting in a location as close
as possible to the main door entrance of the property. Exterior postings
shall be constructed of and printed with weather-resistant materials.
E.
The property management company, upon the request of Borough, shall
provide a copy of the inspection reports to the Code Enforcement Officer.
F.
Failure of a mortgagee, judgment creditor or property owner of record
to properly maintain the property shall be a violation of this article.
Whoever opposes, obstructs or resists any enforcement officer
or any person authorized by the Code Enforcement Office in the discharge
of duties as provided in this article, upon conviction, shall, in
addition to any other charges, be deemed in violation of the terms
of this article and subject to the penalties set forth herein.
Any enforcement officer or any person authorized by the Code
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 this article.
The Borough of West Mifflin, or its designee, shall have authority
to require a mortgagee, judgment creditor and/or owner of record of
any property subject to the provisions of this article to implement
additional maintenance and/or security measures, including, but not
limited to, securing any and all door, window 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.
Any person violating this article shall be subject to a civil
penalty of not less than $100 nor more than $1,000, plus actual costs
of enforcement incurred, including attorneys fees. Each day a violation
occurs shall constitute a separate offense, regardless of whether
a separate citation is issued which could lead to an additional fine
for each day the violation is permitted to exist.
