[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:
ABANDONED PERSONAL PROPERTY
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.
ACCESSIBLE STRUCTURE
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.
ANNUAL REGISTRATION
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.
CODE ENFORCEMENT OFFICER
The law and ordinance Enforcement Officer, Building Official,
Zoning Inspector, Code Enforcement Officer, Fire Inspector or Building
Inspector employed by the Borough.
EVIDENCE OF VACANCY
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."
FORECLOSURE or FORECLOSURE ACTION
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.
INOPERATIVE VEHICLE
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.
MORTGAGEE
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.
NOMINAL SALVAGE VALUE
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.
OWNER
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.
PERSON
An individual, corporation, partnership, limited liability
company or partnership or any other type of legal entity permitted
under Pennsylvania law.
PRIVATE PROPERTY
All lands and improvements other than public lands and improvements.
PROPERTY MANAGEMENT COMPANY
A local property manager, property maintenance company or
similar entity responsible for the maintenance of abandoned real property.
PUBLIC 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.
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 in
the Borough limits.
REGISTRABLE PROPERTY
A.
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
B.
Any property that is vacant for more than 30 days or any cancellation
of utility or service, whichever occurs first.
REGISTRY
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.
SEMIANNUAL REGISTRATION
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.
UTILITIES AND SERVICES
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.
VACANT
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.
[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.
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.