[HISTORY: Adopted by the Borough Council
of the Borough of East Petersburg 5-2-2017 by Ord. No. 287. Amendments noted where
applicable.]
It is the purpose and intent of the Borough of East Petersburg
to establish a process to address the amount of deteriorating real
property located within the Borough, which includes property, whether
vacant or occupied, for which a public notice of default has been
filed, which is in foreclosure, or that has been transferred to a
lender or mortgagee by any legal method. It is the Borough's
further intent to specifically establish a registration program as
a mechanism to protect neighborhoods from becoming blighted due to
the lack of adequate maintenance and security of vacant or abandoned
properties, and/or properties subject to mortgage foreclosure.
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 subject to a mortgage under
a current notice of default or notice of mortgagee's sale or
notice of Sheriff'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 pursuant to a deed in lieu of foreclosure
or sale.
Property that, based upon conditions present, would lead
a reasonable person to believe the property is vacant or abandoned,
including:
Properties that have broken or severely damaged windows, doors,
walls, or roofs which create hazardous conditions and encourage trespassing;
Properties that are a public nuisance pursuant to Borough ordinance;
Properties in violation of the Borough's Property Maintenance
Ordinance;[1]
Properties with overgrown and/or dead vegetation;
Properties in violation of the Borough's Snow Removal Ordinance;[2]
Properties on which abandoned personal property or garbage has
accumulated;
Properties which neighbors, delivery agents, and/or government
agents have indicated are vacant;
Properties that endanger the public's health, safety, or
welfare because the property and/or improvements thereon are dilapidated,
deteriorated, or violate minimum health and safety standards or lack
maintenance as required by Borough ordinance.
Any building official, zoning inspector, code enforcement
officer, health officer, fire inspector, or building inspector, or
other person authorized by the Borough to enforce Borough regulations
and ordinances.
A legal action of mortgage foreclosure filed by a lender
in a court of competent jurisdiction.
Any real property located in the Borough, whether vacant
or occupied, that is subject to a foreclosure action filed by a lender
in a court of competent jurisdiction or where title to the property
has been transferred to a lender pursuant to a deed in lieu of foreclosure
or other such conveyance of title to a lender. The designation of
"foreclosure property" shall remain in place until such time as the
property is sold or transferred to a new owner, other than a lender,
or when the foreclosure action has been withdrawn or concluded in
favor of the mortgagor as evidenced by court records.
Any person, bank, trust company, credit union, trust, or
any other legal entity or other party that holds a mortgage or security
interest against any real property located within the Borough.
Any person, firm, corporation, legal entity, or other party
having legal or equitable ownership 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.
A property manager, property maintenance company, or similar
entity or individual responsible for the maintenance of abandoned
real property.
Any building or structure that is not legally occupied.
These sections should be considered cumulative and not superseding
or subject to any other law or provision for same, but rather shall
be an additional remedy available to the Borough above and beyond
any other state, county, or local provisions and ordinances for same.
A.
Any lender who holds a mortgage or other security interest on real
property located within the Borough shall, upon the filing of a mortgage
foreclosure action, perform an inspection of the property to determine
vacancy or occupancy. The lender shall, within 10 days of the inspection,
register the property with the Borough, or its designee, on forms
provided by the Borough, and indicate whether the property is vacant
or occupied. A separate registration is required for each foreclosure
property, whether it is vacant or occupied.
B.
If the property is occupied, it shall be inspected monthly by the
lender or its designee to verify continued occupancy. If the property
becomes vacant or shows evidence of vacancy, the lender shall, within
10 days of that inspection, update the property registration to a
vacancy status on forms provided by the Borough.
C.
Registration pursuant to this section shall contain the name of the
lender and mortgage servicer, the direct mailing address of both parties,
a direct contact name and telephone number 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 for which title to the
property has been transferred to a lender under a deed in lieu of
foreclosure or other such conveyance of title to a lender.
E.
A registration fee shall be set by resolution of the Borough Council
of the Borough of East Petersburg.
F.
Properties subject to this section shall remain under the registration
requirement, and the inspection, security, and maintenance standards
of this section until such time as the property is sold or transferred
to a new owner, other than a lender, or when the foreclosure action
has been withdrawn or concluded in favor of the mortgagor as evidenced
by court records.
G.
Any lender that has registered a property under this section must
report any change of information contained in the registration within
10 days of the change. Change of information shall be reported, in
writing, to the Borough Manager or his designee.
H.
Pursuant to any determination that any property is in violation of
this section, the Borough may take the necessary action to ensure
compliance with this chapter, and may place a lien on the property
for the cost of the work performed to benefit the property and bring
it into compliance.
A.
Properties subject to this section 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, and 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 Borough's ordinances, including, but not
limited to, the International Property Maintenance Code.
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.
Snow shall be removed from sidewalks in accordance with Borough ordinances.
F.
Maintenance shall include, but not be limited to, watering, irrigation,
cutting and mowing of required ground cover or landscape, and removal
of all trimmings.
G.
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 Borough's ordinances.
H.
Failure of the lender to properly maintain the property may result
in a violation of the Borough's ordinances and the issuance of
a citation or notice of violation. Pursuant to a finding and determination
by the Enforcement Officer or a court of competent jurisdiction, the
Borough may take the necessary action to ensure compliance with this
chapter.
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 a lender is unable or unwilling to perform maintenance and inspections
itself, the lender shall contract with a property management company
to perform the work necessary to bring the property into compliance
with Borough ordinances, and the property manager must perform regular
inspections, at intervals to be determined by the Borough, to verify
compliance with the requirements of this section and any other applicable
laws. Upon request of the Borough, the lender shall provide a copy
of the inspection reports to the Borough or its designee.
D.
Failure of the lender to properly maintain the property will result
in a violation of the Borough ordinance and will result in the issuance
of a citation. Pursuant to a finding and determination by the Enforcement
Officer or a court of competent jurisdiction, the Borough may take
the necessary action to ensure compliance with this chapter.
A.
If the enforcement officer has reason to believe that a property
subject to the provisions of this chapter is posing a serious threat
to the public health, safety, and welfare, the Enforcement Officer
may temporarily secure the property at the expense of the lender or
owner.
B.
The Borough, or its designee, shall have the authority to require
the lender 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 prevent a decline of the property.
C.
If the Enforcement Officer has reason to believe that a property
subject to the provisions of this chapter is posing a serious threat
to the public health, safety, and welfare, the Enforcement Officer
may recommend that the Borough abate the violations and the Borough
may abate the violations and charge the lender or owner with the cost
of the abatement.
D.
If the lender or owner does not reimburse the Borough for the cost
of temporarily securing the property or of any abatement of violations
within 30 days of the Borough sending an invoice, then the Borough
may lien the property for the amount owed, plus administrative fees
and attorneys' fees and costs.
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 § 91-4 of this chapter.
(4)
To fail to perform the inspection and maintenance of properties so that they are maintained in a secure manner pursuant to § 91-6 of this chapter.
(5)
To refuse to permit inspections required under this chapter.
(6)
To give any false information on or omit relevant information from
any 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 lender or owner who shall violate any of the provisions of this
chapter shall be guilty of a summary offense and, upon conviction
thereof before a Magisterial District Judge, shall be sentenced to
pay a fine of $250 and the cost of prosecution for each and every
offense, and in default of payment thereof, shall be sentenced to
imprisonment in Lancaster County Correctional Facility 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 lender or owner violating this
chapter, a Borough Enforcement Officer, Borough Solicitor, or any
other duly authorized agent of the Borough 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
Borough in the International Property Maintenance Code, Uniform Construction
Code, Zoning Ordinance,[1] or any other Borough Code, ordinance, or resolution. In
such proceedings, the Borough may collect all costs, attorneys'
fees, and penalties as the court shall determine.
A.
Any person aggrieved by the action of the Borough or its designee
relevant to the provisions of this chapter may appeal to the Borough's
Property Maintenance Appeals Board within 30 days of that action.
B.
Any person aggrieved by any decision of the Borough or the Borough
Property Maintenance Appeals Board relevant to the provisions of this
chapter may appeal to the Lancaster County Court of Common Pleas within
30 days of the decision.
Registration and penalty fees outlined in this chapter may be
modified by a resolution, passed and adopted by the Borough Council
of the Borough of East Petersburg.
If any provision, sentence, clause, section, or part of this
chapter or the application thereof to any person or circumstance is
for any reason found to be unconstitutional, illegal, or invalid by
a court of competent jurisdiction, such unconstitutionality, illegality,
or invalidity shall not affect or impair the validity of any of the
remaining provisions, sentences, clauses, sections, or parts of this
chapter.
