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:
ABANDONED REAL PROPERTY
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.
BLIGHTED PROPERTY
Property that, based upon conditions present, would lead
a reasonable person to believe the property is vacant or abandoned,
including:
A.
Properties that have broken or severely damaged windows, doors,
walls, or roofs which create hazardous conditions and encourage trespassing;
B.
Properties that are a public nuisance pursuant to Borough ordinance;
C.
Properties in violation of the Borough's Property Maintenance
Ordinance;
D.
Properties with overgrown and/or dead vegetation;
E.
Properties in violation of the Borough's Snow Removal Ordinance;
F.
Properties on which abandoned personal property or garbage has
accumulated;
G.
Properties which neighbors, delivery agents, and/or government
agents have indicated are vacant;
H.
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.
ENFORCEMENT OFFICER
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.
FORECLOSURE PROPERTY
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.
LENDER
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.
OWNER
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.
PROPERTY MANAGEMENT COMPANY
A property manager, property maintenance company, or similar
entity or individual responsible for the maintenance of abandoned
real property.
VACANT
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.
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.
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.