[Ord. 1153, 11/17/2015]
The following words, terms and phrases, when used in these sections
of this Part, shall have the meanings ascribed to them in this section,
except where the context clearly indicates a different meaning:
ABANDONED REAL PROPERTY
Real property that meets any of the following criteria:
A.
Any property that is vacated or occupied and is subject to a
mortgage under a notice of default or notice of mortgagee's sale or
a pending tax claim sale, or vacated properties that have been the
subject of a foreclosure sale where the title was retained by the
beneficiary of a mortgage involved in the foreclosure, and any properties
transferred under a deed in lieu of foreclosure or sale.
B.
Any property (excluding government-owned buildings) which is:
(1)
Unoccupied and unsecured;
(2)
Unoccupied and secured by other than normal means;
(3)
Unoccupied and an unsafe building as determined by the enforcement
officer;
(4)
Unoccupied and having utilities disconnected;
(5)
Unoccupied and has Property Maintenance or Building Code violations;
(6)
Illegally occupied, which shall include loitering and vagrancy;
(7)
Unoccupied for a period of time over 60 days and having an existing
code violation issued by the Building Department;
(8)
Unoccupied with a mortgage status of abandonment (i.e., deceased
or foreclosed);
(9)
Unoccupied and abandoned by the property owner;
(10)
Unoccupied and advertised for sale by owner for a period exceeding
120 calendar days; or
(11)
Unoccupied and listed for sale by a Pennsylvania licensed realtor
for a period exceeding 12 months.
BOROUGH
The Borough of Mechanicsburg, Cumberland County, Pennsylvania.
ENFORCEMENT OFFICER
Any building official, zoning inspector, code enforcement
officer, health officer, fire inspector or building inspector employed
by the Borough.
EVIDENCE OF ABANDONMENT
Any condition that on its own, or combined with other conditions
present, would lead a reasonable person to believe that the property
is abandoned. Such conditions may include, but not be limited to,
overgrown or dead vegetation, accumulation of abandoned personal property,
as defined herein, statements by neighbors, passersby, delivery agents
or government agents, among other evidence that the property is vacated.
FORECLOSURE
The process by which a property, placed as security for a
real estate loan, is sold at public sale to satisfy the debt if the
borrower defaults.
MORTGAGE
A conveyance of title to property that is given as security
for the payment of debt or the performance of a duty and that will
become void upon payment or performance according to the stipulated
terms.
MORTGAGEE
One to who property is mortgaged or the mortgage creditor
or lender.
MORTGAGEE IN POSSESSION
A mortgagee who takes control of mortgaged land by agreement
with the mortgagor, usually upon default of the loan secured by the
mortgage.
OWNER
Any person, agent, operator, firm, partnership, legal entity,
or corporation having a legal or equitable interest in real property;
or recorded in the official records of the commonwealth, county or
Borough as holding title to the property; or otherwise having control
of the property, including the guardian of the estate of any such
person, and the trustee, executor or administrator of the estate of
such person if authorized by law to take possession of real property,
or if ordered or authorized to take possession of real property by
a court.
PERSON
An individual, corporation, partnership or any other group
acting as a unit.
PROPERTY MANAGEMENT COMPANY
A property manager, property maintenance company or similar
entity or individual responsible for the maintenance of abandoned
real property.
PUBLIC NUISANCE
Abandoned property in the Borough of Mechanicsburg as further
defined in this chapter herein shall constitute a public nuisance.
[Ord. 1153, 11/17/2015; as amended by Ord. 1170, 3/16/2021]
Registration fees required for this Part 5 for the initial 12
months of abandonment and for the second year, third year and any
subsequent year will be as set from time to time by resolution of
the Borough Council.
[Ord. 1153, 11/17/2015]
Any enforcement officer or any person authorized by the 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 Part.