It is the purpose and intent of the City to establish a process to address the deterioration and blight of City neighborhoods caused by an increasing amount of properties subject to mortgage foreclosure located within the City and to identify and regulate foreclosure properties located within the City. It is the City'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 foreclosure 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:
ACCESSIBLE PROPERTY/STRUCTURE A property that is accessible through a comprised/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.
BLIGHTED PROPERTY Shall include:
A. Properties that have broken or severely damaged windows, doors, walls, or roofs which create hazardous conditions and encourage trespassing;
B. Properties whose maintenance is not in conformance with the maintenance of other neighboring properties causing a decrease in value of the neighboring properties;
C. Properties cited for a public nuisance pursuant to the City Code; or
D. 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 City Code.
CITY CODE All applicable provisions of the Codified Ordinances of Harrisburg, Pennsylvania, as amended from time to time ("City Code"), including but not limited to the City's: Zoning Code (7-300), Standards Adopted (8-100), Health and Sanitation Regulations (6-300), General Offenses (3-330), and Fire Prevention Ordinances (3-900).
ENFORCEMENT OFFICER Any law enforcement officer, building official, zoning inspector, code enforcement officer, fire inspector or building inspector, or other person authorized by the City to enforce the City Code.
FORECLOSURE ACTION A legal action of mortgage foreclosure filed by a lender in a court of competent jurisdiction.
FORECLOSURE PROPERTY Any real property located in the City, whether vacant or occupied, that is subject to a mortgage foreclosure action filed by a lender in a court of competent jurisdiction or where title to the property has been transferred to a lender under a deed in lieu of foreclosure or other such conveyance of title to a lender. The designation as a "foreclosure property" shall remain in place until such time as the property is sold or transferred to a new owner, other than a lender, or when the foreclosure action has been withdrawn or concluded in favor of the mortgagor as evidenced by court records.
LENDER Any person, bank, trust company, credit union, trust, or any other legal entity or other party that holds a mortgage or security interest against any real property located within the City.
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 local property manager, property maintenance company or similar entity responsible for the maintenance of a foreclosure property.
VACANT Any building or structure that is not legally occupied.
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 City above and beyond any other state, county or local provisions for same.
The City or designee shall establish a registry cataloging each foreclosure property within the City, containing the information required by this chapter.
All blighted 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 City. Nothing herein shall be deemed to alter or otherwise supersede the terms "public nuisance" or "nuisance" as used elsewhere in this Code.
Adherence to this chapter does not relieve any person, legal entity or agent from any other obligations set forth in the City Code which may apply to the property. Upon transfer of title of a foreclosure property to a new owner, other than a lender, the owner shall be responsible for all violations of the City Code, and the owner shall be responsible for meeting with the City's Code Enforcement Office within 20 days of the date of transfer for a final inspection report, and the owner shall abate all violations cited in the inspection report within 45 days of the date of the report.
Whoever opposes, obstructs or resists any enforcement officer or any person authorized by the enforcement officer in the discharge of duties as provided in this chapter shall be punishable as provided in the City Code or by a court of competent jurisdiction.
Any enforcement officer or any person authorized by the City to enforce the provisions of this chapter 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.
[Amended 11-22-2016 by Ord. No. 20-2016]
Any person who shall violate the provisions of this chapter may be cited and fined pursuant to the City Code and Pennsylvania Statutes. The following table shows violations of this chapter, as may be amended from time to time, which may be enforced pursuant to the provisions of this chapter, 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 the subject matter of the City Code, except to the extent that different types of violations of the City Code may carry different civil penalties. For each section of this chapter 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 chapter, the relevant chapter section(s) shall be examined.
Description of Violation | Civil Penalty |
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Failure to register abandoned real property and/or any violation of the sections stated within | $500 |