[HISTORY: Adopted by the Board of Commissioners
of the Township of Swatara 4-13-2011 by Ord. No. 2011-4. Amendments noted where applicable.]
A.
It is the purpose and intent of the Township of Swatara to establish
a process to address the amount of deteriorating real property located
within the Township, which includes property, whether vacant or occupied,
about which a public notice of default has been filed, is in foreclosure,
or where ownership has been transferred to a lender or mortgagee by
any legal method. It is the Township's further intent to specifically
establish an abandoned residential property program as a mechanism
to protect residential neighborhoods from becoming blighted through
the lack of adequate maintenance and security of abandoned properties.
B.
For the protection and promotion of the public health, safety and
welfare of the citizens of the Township of Swatara, the Board of Commissioners
hereby establishes the rights and obligations of owners, mortgagees
and property management companies of vacant and abandoned properties
within the Township and encourages owners, mortgagees and property
management companies to maintain and secure such property through
registration and compliance with the Township Code and this chapter.
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:
Any property that is vacant or is subject to a mortgage under
a current notice of default or notice of mortgagee's sale, pending
tax claim sale or vacant 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.
Any building official, zoning inspector, code enforcement
officer, health officer, fire inspector or building inspector employed
by the Township.
Any condition that, on its own or combined with other conditions
present, would lead a reasonable person to believe that the property
is vacant. Such conditions may include, but not be limited to, overgrown
or dead vegetation, accumulation of abandoned real property, as defined
herein, statements by neighbors, passersby, delivery agents or government
agents, among other evidence that the property is vacant.
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.
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.
One to whom property is mortgaged or the mortgage creditor
or lender.
A mortgagee who takes control of mortgaged land by agreement
with the mortgagor, usually upon default of the loan secured by the
mortgage.
Any person, agent, operator, firm 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.
An individual, corporation, partnership or any other group
acting as a unit.
A property manager, property maintenance company or similar
entity or individual responsible for the maintenance of abandoned
real property.
Any building/structure that is not legally occupied.
This chapter shall be considered cumulative and not superseding
or subject to any other law or provision for same, but shall rather
be an additional remedy available to the Township above and beyond
any other state, county or local provisions for same.
A.
Any mortgagee who holds a mortgage on real property located within
the Township shall, upon default by the mortgagor and prior to the
issuance of a notice of default, perform an inspection of the property
that is the security for the mortgage. If the property is found to
be vacant or shows evidence of vacancy, it shall be deemed abandoned
real property, and the mortgagee shall, within 10 days of the inspection,
register the property with the Township, or its designee, on forms
provided by the Township or through a website designated by the Township.
A registration is required for each property, whether vacant or occupied.
B.
If the property is occupied but the mortgage on the property remains
in default, the property shall be inspected by the mortgagee or his
designee monthly until:
(1)
The mortgagor or other party remedies the default; or
(2)
It is found to be vacant or shows evidence of vacancy, at which time
it is deemed abandoned, and the mortgagee shall, within 10 days of
that inspection, update the property registration to a vacancy status,
providing the date of last inspection on forms provided by the Township.
C.
Registration pursuant to this section shall contain the name of the
mortgagee and the servicer, the direct mailing address of both parties,
a direct contact name and telephone number for both parties, a facsimile
number and e-mail address for both parties, the folio or tax number,
and the name and twenty-four-hour contact phone number of the property
management company responsible for the security and maintenance of
the property.
D.
This section shall also apply to properties that have 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.
E.
A registration fee in the amount of $200 per property shall accompany
the registration form(s).
F.
Properties subject to this section shall remain under the registration
requirement, security and maintenance standards of this section as
long as they remain vacant.
G.
Any person or corporation that has registered a property under this
section must report any change of information contained in the registration
in writing within 10 days of the change to the mayor or his designee.
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), abandoned vehicles, portable
storage devices, 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 yards, including landscaping, shall be maintained
in accordance with the Township's Code of Ordinances.
D.
Yard maintenance 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. Acceptable maintenance of yards and/or landscaping 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 ground cover or landscape and removal
of all trimmings.
F.
Pools and spas shall be maintained so that the water remains free
and clear of pollutants and debris. Pools and spas shall comply with
all requirements of the Township's Code of Ordinances and Pennsylvania
Uniform Construction Code, as amended from time to time.
G.
Failure of the mortgagee or property owner of record to properly
maintain the property may result in a violation of the Township's
Code and issuance of a citation or notice of violation.
A.
Properties subject to this chapter 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 or structure.
Broken windows shall be secured by reglazing of the window.
C.
If the property is owned by a corporation or mortgagee that is unable
or unwilling to perform maintenance and inspections itself, the corporation
or mortgagee shall contract with a property management company which
shall be contracted to perform biweekly inspections to verify compliance
with the requirements of this section and any other applicable laws.
D.
The mortgagee shall inspect or have inspected the property on a biweekly
basis to ensure that the property is in compliance with this section.
Upon the request of the Township, the mortgagee shall provide a copy
of the inspection reports to the Township Code Enforcement Department.
E.
Failure of the mortgagee or property owner of record to properly
maintain the property may result in a violation of the Township Code
and issuance of a citation. Pursuant to a finding and determination
by the Township's Code Enforcement Officer, the Township may
take the necessary action to ensure compliance with this section.
The Township, or its designee, shall have authority to require
the mortgagee or owner of record of any property affected by this
chapter to implement additional maintenance or security measures,
including, but not limited to, securing any and all doors, windows
or other openings, employment of an on-site security guard, or other
measures as may be reasonably required to prevent a decline of the
property.
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 chapter.
A.
It shall be a violation of this chapter to commit or permit any other
person to commit any of the following acts:
(1)
To fail to perform any inspection or to register any property required by § 220-4 of this chapter.
(4)
To fail to perform the inspection and maintenance relating to properties so that they are maintained in a secure manner pursuant to the provisions of § 220-5 of this chapter.
(5)
To refuse to permit inspections required under this chapter.
(6)
To place any false information on or to omit relevant information
from an application for registration provided pursuant to this chapter.
(7)
To fail or refuse to comply with any other provision of this chapter.
B.
Penalties and remedies.
(1)
Any person who shall violate any of the provisions of this chapter
shall be guilty of a summary offense and, upon conviction thereof
before a District Magistrate, shall be sentenced to pay a fine of
$500, and the cost of prosecution for each and every offense, and
in default of payment thereof, shall be sentenced to imprisonment
in Dauphin County Prison for not more than 30 days. Each violation
and each day of violation shall constitute a separate offense.
(2)
In addition to prosecution of the persons violating this chapter,
a Swatara Township enforcement officer, Swatara Township Solicitor,
or any other duly authorized agent of the Township may bring such
civil or equitable actions, seeking civil or equitable remedies, in
any appropriate court of record of the Commonwealth of Pennsylvania,
against any persons and/or property, real or personal, to effect the
provisions of this chapter. The remedies and procedures of this chapter
are not intended to supplant or replace, to any degree, the remedies
provided to the Township in the Township Building Code, Existing Structures
Code, Uniform Construction Code, Zoning Ordinance, or any other Township
code, ordinance or resolution.
A.
Any person aggrieved by the action of the Township or its designee
relevant to the provisions of this chapter may appeal to the Capital
Region UCC Joint Appeals Board within 30 days of that action.
B.
Any person aggrieved by any decision of the Township or the Capital
Region UCC Joint Appeals Board relevant to the provisions of this
chapter may appeal to the Dauphin County Court of Common Pleas within
30 days of the decision.
