[HISTORY: Adopted by the City Council of the City of New
Kensington 12-14-2020 by Ord. No. 2-20.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also provided for the repeal
of former Ch. 163, Property, Vacant and Abandoned, adopted 8-15-2016
by Ord. No. 1-16.
It is the purpose and intent of this chapter to establish a
vacant residential property registration and maintenance program as
a mechanism to protect neighborhoods and minimize hazards to persons
and property as a result of the vacancy.
As used in this chapter, the following terms shall have the
meanings indicated:
An individual with a place of business in this state in which
he or she is authorized to accept inquiries, notices, and service
of process on behalf of a vacant or foreclosed real property owner.
A federal or state-chartered bank, savings bank, savings-and-loan
association, credit union, mortgagee, and any entity acting on behalf
of the creditor named in the debt obligation, including, but not limited
to, servicers.
Any person, co-partnership, association, corporation, fiduciary
or other legal entity having a legal or equitable title or any interest
in any real property.
Real property with one to four dwelling units.
A residential property with no legal resident or tenant.
Evidence of vacancy includes 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 include, but are not
limited to, overgrown or dead vegetation; accumulation of flyers,
mail, or trash; disconnected utilities; the absence of window coverings
or furniture; and statements by neighbors, delivery persons, or government
employees.
A.
Upon knowledge of a residential property being vacant, the owner
and/or creditor shall, within 15 days, register the property as a
vacant property with the Code Enforcement Office of the City of New
Kensington in which the property is located for the purpose of minimizing
hazards to persons and property as a result of the vacancy.
B.
Upon filing a complaint of foreclosure or executing a deed in lieu of foreclosure on a residential property located in the City of New Kensington, and when a registration as prescribed in Subsection A has not yet been completed, the creditor shall, within seven days, register the property as a property in foreclosure with the Code Enforcement Office of the City of New Kensington in which the property is located for the purpose of minimizing hazards to persons and property as a result of the potential for vacancy.
C.
Registration shall include the address of the property, the name
and contact information of an agent located within Pennsylvania who
is authorized to accept service on behalf of the creditor, if applicable,
the name and contact information for a property preservation company
or property manager, if applicable, along with any additional information
deemed necessary by the appropriate municipal department.
D.
The creditor is required to update the registration form with all
pertinent information if:
(1)
The residential property becomes vacant at any time after a creditor submits a registration as prescribed in Subsection B; or
(2)
A creditor files a complaint of foreclosure or executes a deed in lieu of foreclosure at any time after a creditor submits a registration as prescribed in Subsection A; or
(3)
The creditor acquires title to the property at Sheriff/foreclosure
sale; or
(4)
Any previously provided information, i.e., name or contact information
of agent or property preservation vendor, changes.
E.
Registration forms and instructions will be provided by the City.
F.
The City may utilize a third party to administer the program, and
all relevant information is to be submitted to them.
A.
The owner or creditor is required to conduct regular inspections,
at a minimum of once a month, to ensure the property is compliant
with all City property maintenance codes.
B.
For all registered properties, if the City determines the property is in violation of any ordinance regulating a nuisance, the City may notify the owner or creditor of the violation by providing notice, pursuant to the terms of the property maintenance codes, of the violation by electronic mail, and/or certified mail, return receipt requested, to the person identified in Subsection A of this section. The City may require the owner to correct the violation, and may require the creditor to correct the violation to the extent consistent with the terms of the mortgage.
C.
A notice of violation shall include a description of the conditions
that give rise to the violation with the notice of violation and shall
provide a period of not less than seven days from the owner's
or creditor's receipt of the notice for the owner or creditor
to remedy the violation. The appropriate municipal official may require
expedited maintenance actions in certain emergency situations, such
as vandalism, unsecured entranceways, criminal activity, etc.
A.
Every registering owner or creditor is required to acquire or maintain
liability insurance in the amount of not less than $300,000 for each
property. The owner or creditor must provide written notice to the
municipality within 30 days of any lapse, cancellation or change in
coverage.
B.
Every registering owner or creditor is required to include evidence
of insurance coverage, such as a certificate of liability insurance,
with the registration statement.
A.
If the owner or creditor fails to remedy the violation within the
stated period, the City may issue a citation and impose penalties
against the owner or creditor for violation of any ordinance regulating
a nuisance.
B.
Any owner or creditor that fails to register vacant residential property
with the City shall be subject to a civil fine of $100, payable to
the City, for each day of delinquency.
A.
Any entity which is required to register a residential property with
the City under this chapter shall be required to make a payment of
$200 as administrative fees that reasonably approximate the cost to
the City of the establishment, maintenance, operation, and administration
of the registry.
B.
The registration shall remain valid for one year from the date of registration. The owner or creditor shall be required to renew the registration annually as long as the property fulfills the criteria described in § 163-3 and shall pay the appropriate registration or renewal fee of $300 for the first year and $400 every year thereafter.
C.
This fee is renewable annually until such time that:
(1)
For properties registered under § 163-3A, the property is legally reoccupied or the property is transferred to an unaffiliated third party.
(2)
For properties registered under § 163-3B, the foreclosure action is dismissed or the property is transferred to an unaffiliated third party. If the foreclosure action is dismissed however the property remains vacant, the annual renewal is still required.
(3)
The creditor releases their lien, thereby removing their interest.
A.
When any registered property transfers to an unaffiliated third party,
or the foreclosure action is dismissed, and the property is occupied,
or is legally reoccupied and not subject to a foreclosure action,
or the registering creditor releases the lien, a deregistration is
to be completed. Registration forms and instructions will be provided
by the City.
A.
The following circumstances may warrant an exemption from registration
and/or payment of a fee:
(1)
If the property is habitable wherein all building systems are in
sound working order, which is evidenced by the issuance of a certificate
of occupancy, and the building and grounds are maintained in good
order, and the building is being actively marketed for sale or rental
and actively maintained. Evidence of property being marketed for sale
or rent could include, but is not limited to, retaining a licensed
real estate agent or broker to list the property for sale or rent,
or taking out advertisements in various media forms, such as newspapers
and online services, and needs to be provided to the designated municipal
official, who may request additional information, for example, any
available photos, price, and agent information.
(2)
An owner submits plans to the designated municipal official demonstrating
that the property will be completely rehabilitated and restored to
productive use and occupancy within 12 months following the initial
property registration, along with a certified letter from a licensed
contractor or architect stating that the property is capable of being
completely rehabilitated and restored to productive use and occupancy
within the 12 months following the initial property registration.
In the interim, the property is actively maintained. The designated
municipal official may request additional information, for example,
any available photos, plot plan, layout plan, etc.
(3)
The owner certifies to the designated municipal official that the
vacancy is a result of damage from a natural disaster in the past
six months and the owner is actively seeking insurance proceeds or
federal/state assistance to rehabilitate. The owner is required to
update the designated municipal official monthly until the property
is rehabilitated.
(4)
The owner certifies the vacancy is a result of a fire in the past
30 days and the owner is actively seeking insurance proceeds to rehabilitate.
The owner is required to update the designated municipal official
monthly until the property is rehabilitated.
(5)
The owner certifies to the designated municipal official that the
vacancy is not an abandonment and is utilized as a vacation home,
or conversely the property is vacant while the owner resides at a
vacation home, and the subject property is actively maintained.
(6)
The owner is on active duty with any branch of the U.S. Armed Services.
B.
In determining whether a request for exemption should be granted,
the designated municipal official shall consider the following:
(1)
The applicant's prior record as it pertains to the City's
Housing Code, Building Code, or Property Maintenance Code violations.
(2)
The amount of vacant property the applicant currently has within
the City, and the length of time that the building for which the exception
is sought has been vacant.
(3)
The proximity of the vacant property to a school, which requires
additional safety considerations.
This chapter shall be effective on January 1, 2021.
