[HISTORY: Adopted by the City Council of the City of Nanticoke
as indicated in article histories. Amendments noted where applicable.]
[Adopted 10-21-2015 by Ord. No. 7-2015]
This article shall be known as the "Vacant and Abandoned Property
Registration Law of the City of Nanticoke."
A.
It is the purpose and intent of the City of Nanticoke to establish
a process to address the amount of deteriorating real property located
within the City, which includes but is not limited to property 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 City's further intent to specifically
establish an abandoned residential and commercial 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 City of Nanticoke, City Council hereby
establishes obligations upon owners, mortgagees and property management
companies of vacant and abandoned properties within the City and encourages
owners, mortgagees and property management companies to maintain and
secure such property through registration and compliance with the
City of Nanticoke Code of Ordinances and this chapter.
For the purpose of this article, the following terms, phrases,
words and their derivations shall have the meanings given herein.
The word "shall" is always mandatory and not merely directory. As
used in this article, the following words shall have the meanings
indicated:
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.
A building, structure or parcel actively listed and marketed
through a licensed real estate agent/broker, or by the owner, who
is regularly advertising the property in newspapers of general circulation
in and around Luzerne County and posting the property for sale via
signage; the property is offered for sale or lease at a cost of no
more than 25% over the market rate, as determined by comparables;
and the property is in reasonable condition for sale or lease, including
but not limited to: no trash/debris has accumulated inside or outside,
all utilities are functional, and it is not used for storage unrelated
to the former use.
The City of Nanticoke Board of Appeals.
Any building or structure with one or more exterior doors,
other than a storm door, and/or one or more windows with a sheet or
sheets of plywood or similar material covering the space of such doors
or windows.
The City of Nanticoke, Pennsylvania.
Any building or structure, whether residential or commercial,
which has been lawfully deemed by the appropriate City of Nanticoke
Code Enforcement official or employee to be uninhabitable, unsafe,
dilapidated, a public nuisance and/or in substantial disrepair, and
in which notice has been provided to the owner in accordance with
the City of Nanticoke Code of Ordinances applicable to such properties.
Any building official, zoning inspector, Code Enforcement
Officer, health officer, fire inspector or building inspector employed
by the City.
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 are not 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 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 building or structure with one or more persons actually
conducting a lawful business and/or residing in all or part of the
building as the licensed business-occupant, or as the legal or equitable
owner/occupant(s) or tenant(s) on a permanent, nontransient basis,
or any combination of the same. For purposes of this section, evidence
offered to prove that a building is so occupied may include, but shall
not be limited to, the consistent receipt of regular mail delivery
through the United States Postal Service; proof of continual telephone,
electric, gas, heating, water and sewer services; a valid City business
license; or the most recent, federal, state, or City tax statements
indicating that the subject property is the official business or residence
address of the person or business claiming occupancy, or proof of
rental lease.
A building or structure deemed to have one or more exterior
doors, other than a storm door, broken, open and/or closed, but without
a properly functioning lock, or one or more windows broken or not
capable of being locked and secured from intrusion, or any combination
of the same.
The individual, corporation, partnership, trust, estate or
other entity which is the party listed on the deed to the referenced
property.
All lands, structures, places, and also the equipment and
appurtenances connected or used therewith in any business, and also
any personal property which is either affixed to or is otherwise used
in connection with any such business conducted on such premises.
A building, structure or parcel deemed to have no person
or persons actually conducting a lawful business or lawfully residing
in or on any part thereof in a permanent, nontransient basis, and/or
which does not have a valid certificate of occupancy issued by the
City of Nanticoke Office of Code Enforcement, for a period of 120
days or more.
A.
The purpose of requiring registration of all vacant buildings, including
dwellings, and the payment of registration fees is to:
(1)
Assist the City, specifically including, but not limited to, the
Office of Code Enforcement, in protecting the public health, safety,
and welfare of the residents;
(2)
Monitor the number of vacant buildings and lands in the City;
(3)
Through annual inspections, assess the effects of the condition of
those buildings on nearby businesses and the neighborhoods in which
they are located, particularly in light of firesafety hazards and
unlawful, temporary occupancy by transients, including illicit drug
users and traffickers, reduction in property values and the long-term
stability of the neighborhoods; and
(4)
Promote substantial efforts to rehabilitate such vacant properties.
B.
The provisions of this article are applicable to the owners and mortgagees,
to the extent allowable by law, of such vacant buildings and parcels
as set forth herein and are in addition to and not in lieu of any
and all other applicable provisions of the City of Nanticoke Code
of Ordinances, and any other applicable ordinances and/or regulations
of the City.
A.
The requirements of this article shall be applicable to each owner
and mortgagee, to the extent allowable by law, of any commercial or
residential building or parcel that is not an individual dwelling
unit that is vacant for more than 120 consecutive days, and to each
owner and mortgagee, to the extent allowable by law, of a residential
property consisting of one or more vacant dwellings that shall have
been vacant for more than 120 days.
B.
This shall also be applicable to any building or structure, whether
it be residential or commercial, which does not have a current and
valid certificate of occupancy issued by the Office of Code Enforcement
for the City of Nanticoke.
C.
Registration shall be required for all vacant buildings and parcels,
whether vacant and secure, vacant and open, or vacant and boarded,
and shall be required whenever any building has remained vacant for
120 consecutive days or more. The ordinance shall not apply to any
building or property owned by the United States government, the state,
the City or to any of their respective agencies or subdivisions.
A.
Registration statement. Each such owner and/or mortgagee shall cause
to be filed a notarized registration statement, which shall include
the street address and parcel number of each vacant building and/or
parcel, the names and addresses of all owners, as hereinafter described,
and any other information deemed necessary by the City. The registration
fee(s) as required by this article shall be paid within 30 days of
the property becoming vacant, as defined by this article. For purposes
of this article, the following shall also be applicable:
(1)
If the owner is a corporation, the registration statement shall provide
the names and residence addresses of all officers/directors of the
corporation. A telephone contact number must also be provided.
(2)
If an estate, the name and business or residential address of the
executor or personal representative of the estate. A telephone contact
number must also be provided.
(3)
If a trust, the name and address of all trustees, grantors, and beneficiaries.
A telephone contact number must also be provided.
(4)
If a partnership, the names and residence addresses of all partners
with an interest of 10% or greater. A telephone contact number must
also be provided.
(5)
If any other form of unincorporated association, the names and residence
addresses of all principals with an interest of 10% or greater. A
telephone contact number must also be provided.
(6)
If an individual person, the name and residence address of that individual
person. A telephone contact number must also be provided.
(7)
In no instance shall the registration of a vacant building or parcel,
and payment of registration fees, be construed to exonerate the owner,
agent or responsible party from responsibility for compliance with
any other building or housing codes or other applicable requirements
of law.
(8)
One registration statement must be filed for each vacant building
or parcel that the owner or mortgagee is registering.
(9)
If the status of the registration information referenced above changes,
it is the responsibility of the owner, mortgagee, responsible party
and/or agent for the same to contact the City of Nanticoke Office
of Code Enforcement within 30 days of the occurrence of such change
and advise the City in writing of those changes.
(10)
Properties subject to this section shall remain under the annual
registration requirement, and the inspection, security and maintenance
standards of this section as long as they remain vacant or in default.
B.
Local agent. If none of the persons listed on the registration statement
are at an address within the Commonwealth of Pennsylvania, the registration
statement also shall provide the name and address of a person who
resides within the Commonwealth of Pennsylvania who is authorized
to accept service of process on behalf of the owners and who shall
be designated as responsible local party or agent, both for purposes
of notification in the event of an emergency affecting the public
health, safety or welfare and for purposes of service of any and all
notices or registrations statements as herein authorized and in connection
herewith.
C.
Fee schedule.
(1)
The owner and/or mortgagee of the vacant property within 30 days
of the property becoming vacant, shall be responsible for the payment
of the annual nonrefundable registration fee as follows:
|
Structure/Unit
|
Annual Registration Fee
| |
|---|---|---|
|
Commercial building
|
$450
| |
|
Single-family residence
|
$350
| |
|
Duplex
|
$250 per unit
| |
|
Apartment building
|
$250 per unit
| |
|
Vacant land
|
$200
|
(2)
Said fees shall be made payable to the City of Nanticoke. Furthermore,
all registration fees must be paid directly from the mortgagee, executor,
personal representative, trustee or owner. Third-party registration
fees are not allowed without the consent of the City and/or its authorized
designee.
D.
Inspection. At the time the vacant property is registered, the owner
or mortgagee shall schedule an inspection with the Code Enforcement
Office. For each year that a property remains vacant, the Code Enforcement
Officer may schedule annual inspections, as deemed necessary, to monitor
the conditions of the property.
E.
Delinquent registration fees as a lien. Except for those owners or
mortgagees that have properly perfected a waiver pursuant to § 359-7
herein, an owner or mortgagee who fails to pay the amount due within
30 days of the property becoming vacant, said amount shall constitute
a debt due and owing to the City of Nanticoke and the City may commence
a civil action to collect such unpaid debt. Further, a municipal lien
may be filed against said property in the Luzerne County Court of
Common Pleas.
F.
Penalties. If the owner of a vacant building or parcel fails to make
payment for registration fees due to the City, a penalty in the amount
of $200 per property shall be assessed annually until payment is received
in full. Said penalties are in addition to the annual registration
fee due and owing.
G.
Posting of property. All vacant properties shall be posted with a
sign no smaller than two feet by four feet indicating the name of
the owner(s) and the contact address and telephone number. If a partnership
or corporation, the names of all members, with contact information,
shall be listed. Said sign shall be placed in plain view from the
sidewalk/roadway and must be legible from the opposite sidewalk/side
of the roadway.
A.
Waiver of registration fee. A waiver of the registration fee may
be granted by the Office of Code Enforcement upon application of the
owner or mortgagee if the owner/mortgagee:
(1)
Demonstrates with satisfactory proof that the owner/mortgagee is
in the process of demolition, construction, rehabilitation, or other
substantial repair of the vacant building as evidenced by valid permits
issued by the City of Nanticoke and any other regulatory entity.
(2)
Objectively demonstrates that demolition will be conducted within
a reasonable period of time which shall be defined to be not greater
than 90 days.
(3)
Provides satisfactory proof that the owner and/or mortgagee is actively
attempting to sell or lease the property during the vacancy period.
Satisfactory proof must be provided, including, but not limited to,
the property being actively listed and marketed through a licensed
real estate agent/broker, or by the owner, who is regularly advertising
the property in newspapers of general circulation in and around Luzerne
County. For the purposes of this article, "consistently" shall mean
at least once per month. Also, the property shall be posted with "For
Sale" signs large enough to see from across the street. Said property
shall be offered for sale or lease at a cost of no more than 25% over
the market rate, as determined by comparables. Properties listed at
a price of 25% above market value will not meet the waiver guidelines.
(4)
Upon application by the owner and/or mortgagee and satisfaction of
the subsections above, the City may grant a waiver of the registration
fee if the owner meets the criteria for a nonprofit organization as
defined by § 501(3)(c) of the IRS Code.
(5)
Remits a nonrefundable fee of $100.
B.
Vacant real estate with no improvements. Any vacant real estate with
no improvements, structures or other appurtenances attached thereto
which is owned by an owner and/or mortgagee who owns an adjacent parcel,
which actually borders the vacant real estate and which is not in
violation of this article, is exempt from the fees required in this
article. However, the owner and/or mortgagee is still required to
register the said vacant, unimproved parcel with the City of Nanticoke.
A.
Properties subject to this article shall be kept free of weeds, overgrown
brush, dead vegetation; trash; junk; debris; building materials; any
accumulation of newspaper circulars, flyers, or notices, except those
required by federal, state or local law; discarded personal items,
including, but not limited to, furniture, clothing, and 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 applicable code(s) at the time registration
was required.
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 landscape shall
not include weeds, gravel, broken concrete, asphalt or similar material.
E.
Maintenance shall include, but not be limited to, cutting and mowing
of required ground cover or landscape and removal of all trimmings.
F.
Pools and spas shall be maintained so the water remains free and
clear of pollutants and debris and shall comply with the regulations
set forth in the applicable code(s).
G.
Failure of the mortgagee and/or owner to properly maintain the property
may result in a violation of the applicable code(s) and issuance of
a citation or notice of violation in accordance with the applicable
code of the City. Pursuant to a finding and determination by the City's
Code Enforcement Officer, the City 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 or structure.
Broken windows, doors, gates and other openings of such size that
may allow a child to access the interior of the property or structure
must be repaired. Broken windows shall be secured by reglazing of
the window.
C.
If a mortgage on a property is in default, and the property has become
vacant or abandoned, a property manager shall be designated by the
mortgagee to perform the work necessary to bring the property into
compliance with the applicable code(s), and the property manager must
perform regular inspections to verify compliance with the requirements
of this article and any other applicable laws.
Plywood or other wood-type covering. In the event that a residential
or commercial property is vacant, the owner or mortgagee may only
secure the property with plywood or other similar type of wood covering
on the exterior of the property for a period not to exceed one year
from the date the property becomes vacant. After one year has expired,
the owner may be cited by the City of Nanticoke, as the plywood or
other wood-type covering on the exterior of the property or which
is visible from the sidewalk shall be deemed a nuisance punishable
by a fine of not less than $25 and not more than $100. Each day in
which the nuisance is not abated shall be considered a separate offense.
A.
General policy. All condemned properties, identified for demolition
by the Building Code Official and/or his or her designee, located
within the City of Nanticoke, shall be required to be addressed, in
accordance with this article, by the property owner within 30 days
of the property being deemed condemned by the City of Nanticoke unless
otherwise provided by law.
(1)
The term "addressed" shall mean taking any and all proper and legal
measures to ensure that the condemned property is safe and secure
and not in danger of causing bodily harm or property damage, including,
but not limited to, being boarded up with plywood and/or being forcibly
secured to prevent transient access or other prohibited access by
any nonowner. "Secure" shall be determined by the Building Code Official.
B.
Permits required before commencement of work. No owner or mortgagee
shall commence any work on any condemned property without first complying
with the vacant property registration set forth in this article, and
obtaining any and all permits required by the Office of Code Enforcement.
C.
Full payment of all applicable real estate taxes and sanitary/recycling
fees. Prior to the issuance of any permits for the rehabilitation
of any condemned property, the owner or mortgagee must show proof
that all outstanding real estate taxes, for the City of Nanticoke,
County of Luzerne and Nanticoke Area School District, are paid in
full. Additionally, the owner or mortgagee shall show proof that all
City of Nanticoke and Wyoming Valley Sanitation Authority sewer and
recycling fees are paid in full.
D.
Licensed contractors and compliance with the Uniform Construction
Code. All contractors performing work on the condemned property shall
be licensed in the City of Nanticoke consistent with all applicable
requirements in the City's Code of Ordinances. Additionally,
all work must be in compliance with and inspected according to the
Uniform Construction Code[1] and the applicable building, rental and construction codes
in effect at the time. The owner, mortgagee and contractor shall be
jointly and severally responsible and liable for notifying the City
of Nanticoke for all inspections and, ultimately, for the issuance
of certificate of occupancy.
E.
Extension of time to complete rehabilitation of condemned property.
In the event that the rehabilitation of the condemned property exceeds
one year from the date the property is deemed a "condemned property,"
the Code Enforcement Office may grant the owner or mortgagee an additional
four months in which to complete the rehabilitation.
F.
Form to be completed. Prior to the issuance of permits for the rehabilitation
of the condemned property, the owner and/or mortgagee shall complete
the form available in the City's Code Enforcement Office which
shall state, inter alia, the following:
(1)
Name of the owner of the property;
(2)
Address of the owner of the property;
(3)
Name and address of responsible person (if owner is not an individual);
(4)
Contact phone number for owner and responsible person;
(5)
Location of the property, including PIN number and street address;
(6)
Deed book and page number for the condemned property;
(7)
Timeline for completion of the rehabilitation of the condemned property;
(8)
Detailed description of the work to be completed;
(9)
Name, address and phone number of contractor(s) performing work on
the condemned property.
G.
Documents to be provided. Prior to the issuance of permits for the
rehabilitation of the condemned property, the owner and/or mortgagee
shall provide the City with the following documentation:
H.
Final inspection/issuance of certificate of occupancy. Upon completion
of the foregoing requirements and the construction/rehabilitation
of the condemned property within the rehab timeframe, the owner, mortgagee
and contractor shall notify the City of Nanticoke, and final inspection
shall be conducted at the condemned property. If the condemned property
passes the final inspection, the condemned property shall be removed
from "condemned property" status and a valid certificate of occupancy
issued. If the final inspection results in a failure, the City's
inspector shall provide the owner and the contractor with a list of
items which need to be corrected in accordance with the City's
applicable property inspection ordinances. If, in the opinion of the
Office of Code Enforcement, after a consultation with and report from
a structural engineer, the condemned property cannot be safely removed
from the condemned property status, or if the completion of the work
cannot be completed within the rehab timeframe, or after any reasonable
extension, the Code Officer may provide a certified, written notice
to the owner of the City's intent to demolish the condemned property.
The owner and/or mortgagee may appeal this determination within 10
days of the receipt of the notice. The demolition, unless the condemned
property is in immediate danger of collapse, a serious threat to public
safety or to property, shall occur upon the expiration of the appeal
period.
I.
Appeals. All appeals concerning any matter in this section shall
be appealed to the Board of Appeals of the City of Nanticoke, consistent
with the terms and conditions of the Board of Appeals.
A.
If the Code Enforcement Officer has reason to believe that a property
subject to the provisions of this article is posing a serious threat
to the public health, safety and welfare, the Code Enforcement Officer
may temporarily secure the property at the expense of the mortgagee
and/or owner and may bring the violations before the District Justice
as soon as possible to address the conditions of the property.
B.
The Code Enforcement Officer shall have the authority to require
the mortgagee and/or owner of record of any property affected by this
section to implement additional maintenance and/or security measures
including, but not limited to, securing any and all doors, windows
or other openings or other measures as may be reasonably required
to help prevent further decline of the property.
C.
If there is a finding that the condition of the property is posing
a serious threat to the public health, safety and welfare, then the
Code Enforcement Officer may direct the City to abate the violations
and charge the owner and mortgagee with the cost of the abatement.
D.
If the mortgagee or owner does not reimburse the City for the cost
of temporarily securing the property, or of any abatement directed
by the Code Enforcement Officer within 30 days of the City sending
the mortgagee or owner the invoice, then the City may place a municipal
lien on the property with such cost, along with an administrative
fee to recover the administrative personnel services.
In addition to the penalties for failure to comply with registration
requirements, any person or entity who shall violate the provisions
relating to maintenance and security may be cited and fined in the
amount of $500 per violation per day.
