It is the purpose and intent of the Borough to establish a process
to address the deterioration, crime and decline in value of the Borough
of Berlin neighborhoods caused by property with defaulted mortgages
located within the Borough, and to identify, regulate, limit and reduce
the number of these properties located within the Borough. It is the
Borough's further intent to establish a registration requirement
as a mechanism to protect neighborhoods from the negative impact and
conditions that occur as a result of vacancy, absentee ownership,
lack of adequate maintenance and security and will provide a method
to expeditiously identify multiple parties and their contact person(s)
for each property responsible for this protection.
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 compromised/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.
APPLICABLE CODES
To include, but not be limited to, the Borough's Zoning
Code, the Borough's Property Rehabilitation and Maintenance Code,
Neighborhood Improvement Ordinance, Solid Waste Ordinance, Residential
and Commercial Recycling Ordinance, and the State and County Building
and Fire Codes.
BLIGHTED PROPERTY
A.
Properties that have broken or severely damaged windows, doors,
walls, or roofs which create hazardous conditions and encourage trespassing;
or
B.
Properties whose maintenance is not in conformance with the
maintenance of other neighboring properties causing a decrease in
value of the neighboring properties; or
C.
Properties cited for a public nuisance pursuant to the Borough
codes; 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 applicable codes.
DEFAULT
That the mortgagor has not complied with the terms of the
mortgage on the property, or the promissory note, or other evidence
of the debt, referred to in the mortgage.
ENFORCEMENT OFFICER
Any law enforcement officer, Building Official, Zoning Inspector,
Code Enforcement Officer, Fire Inspector or Building Inspector, or
other person authorized by the Borough to enforce the applicable code(s).
EVIDENCE OF VACANCY
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
and/or dead vegetation; past-due utility notices and/or disconnected
utilities; accumulation of trash junk or debris; abandoned vehicles,
auto parts or materials; the absence of furnishings and/or personal
items consistent with habitation or occupancy; the presence of an
unsanitary, stagnant swimming pool; the accumulation of newspapers,
circulars, flyers and/or mail; or statements by neighbors, passersby,
delivery agents or government agents; or the presence of boards over
doors, windows or other openings in violation of applicable codes.
FORECLOSURE
The legal process by which a mortgagee, or other lien holder,
terminates 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. This definition
shall include, but is not limited to, public notice of default, a
deed-in-lieu of foreclosure, sale to the mortgagee or lien holder,
certificate of title and all other processes, activities and actions,
by whatever name, associated with the described process. The 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 non-related bona fide purchaser in an arm's length
transaction to satisfy the debt or lien.
LOCAL PROPERTY MANAGEMENT COMPANY
A property manager, property management company or similar
entity responsible for the maintenance and security of registrable
real property within 20 driving miles of the Borough limits. Upon
review of credentials the Borough, or its designee, may allow a nonlocal
property manager to be listed.
MORTGAGEE
The creditor, including but not limited to, trustees; mortgage
service 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.
OWNER
Owner means any person, firm, corporation or other legal
entity who, individually or jointly or severally with others, holds
the legal or beneficial title to any building, facilities, equipment
or premises subject to the provisions of this chapter.
PROPERTY MANAGEMENT COMPANY
A local property manager, property maintenance company or
similar entity responsible for the maintenance of registrable real
property.
REAL PROPERTY
Any improved residential or commercial land, buildings, leasehold
improvements and anything affixed to the land, or portion thereof
identified by a property parcel identification number, located in
the Borough limits. Developed lots are considered improved land.
REGISTRABLE PROPERTY
A.
Any real property located in the Borough, whether vacant or
occupied, that is encumbered by a mortgage in default, is subject
to an ongoing foreclosure action by the mortgagee or trustee, is subject
to an application for a tax deed or pending tax assessor's lien
sale, 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.
B.
The designation of a default/foreclosure property as "registrable"
shall remain in place until such time as the property is sold to a
nonrelated bona fide purchaser in an arm's length transaction
or the foreclosure action has been dismissed and any default on the
mortgage has been cured.
RENTAL PROPERTY
Property that contains a single-family rental dwelling unit
or multifamily rental dwelling units for use by residential tenants
including but not limited to the following: mobile homes, mobile home
spaces, town homes and condominium unit(s). A rental dwelling unit
includes property that is provided to an individual or entity for
residential purposes upon payment of rent or any other consideration
in lieu of rent, regardless of relationship between lessor and lessee.
SEMIANNUAL REGISTRATION
Six months from the date of the first action that required
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.
VACANT
Any parcel of land in the Borough that contains any building
or structure that is not lawfully occupied or inhabited by human beings
as evidenced by the conditions set forth in the definition of "evidence
of vacancy" above which is without lawful tenant, or lawful occupant
or without a certificate of occupancy.
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 Borough above and beyond any other
state, county, or Borough provisions for same.
Pursuant to the provisions of this Code, the Borough, or its
designee, shall establish a registry cataloging each registrable property
within the municipality, containing the information required by this
chapter.
All registrable 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.
Adherence to this chapter does not relieve any person, legal
entity or agent from any other obligations set forth in any applicable
code(s), which may apply to the property.
Whoever opposes obstructs or resists any enforcement officer
or any person authorized by the enforcement office in the discharge
of duties as provided in this chapter shall be punishable as provided
in the applicable code(s) or a court of competent jurisdiction.
Any enforcement officer or any person authorized by the Borough
to enforce the sections herewithin 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.