[Adopted 2-12-2018 by Ord. No. 2-12-18[1]]
[1]
Editor’s Note: This ordinance superseded former Art.
IV, Registration of Foreclosed Property, adopted 10-9-2017 by Ord.
No. 10-9-17A.
26.13.1.
Purpose and intent.
1.
It is the purpose and intent of the Municipal Council to establish
a process to address the deterioration, crime and decline in value
of Municipality of Bethel Park neighborhoods caused by foreclosed
property located within the Municipality of Bethel Park, and to identify,
regulate, limit and reduce the number of these properties located
within the Municipality of Bethel Park. It is the Municipal Council'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 and lack of adequate
maintenance and security and to provide a method to expeditiously
identify contact persons for each property responsible for this protection.
2.
It is not the intent of this article to determine the rights and
liabilities of persons under agreements to which the Municipality
of Bethel Park is not a party. This article shall not be construed
to alter the terms of any lease or other agreement between a landlord
and a tenant or others relating to property that is the subject of
this article, provided that no provision of any lease or other agreement
shall be construed to excuse compliance with this article. Additionally,
a violation of this article shall not in and of itself create a negligence
per se standard or otherwise expand existing liability in tort for
either a landlord or a tenant.
26.13.2.
ACCESSIBLE PROPERTY/STRUCTURE
APPLICABLE CODES
DEFAULT
ENFORCEMENT OFFICER
FORECLOSURE
MORTGAGEE
OWNER
REAL PROPERTY
REGISTRABLE PROPERTY
1.
2.
SEMIANNUAL REGISTRATION
VACANT
Definitions. 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.
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.
To include, but not be limited to, the Municipality of Bethel
Park's Zoning Code, the Municipality of Bethel Park's Property
Rehabilitation and Maintenance Code, Neighborhood Improvement Ordinance,
Solid Waste Ordinance, Residential and Commercial Recycling Ordinance,
and the State and Municipality of Bethel Park Building and Fire Codes.
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.
Any law enforcement officer, Building Official, Zoning Inspector,
Code Enforcement Officer, Fire Inspector or Building Inspector, or
other person authorized by the Municipality of Bethel Park to enforce
the applicable code(s).
The legal process by which a mortgagee, or other lienholder,
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 lienholder,
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, lienholder,
or their designee, by certificate of title, or any other means, is
sold to a nonrelated bona fide purchaser in an arm's-length transaction
to satisfy the debt or lien.
The creditor, including, but not limited to, trustees; mortgage
servicing 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.
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.
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 Municipality of Bethel Park limits. Developed lots are considered
improved land.
Any real property located in the Municipality of Bethel Park,
whether vacant or occupied, that is encumbered by a mortgage in default,
that is subject to an ongoing foreclosure action by the mortgagee
or trustee, has been the subject of a foreclosure action by a mortgagee
or trustee and a judgment has been entered, 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.
The designation of a 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.
Six months from the date of the first action that requires
registration, as determined by the Municipality of Bethel Park, 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.
Any parcel of land in the Municipality of Bethel Park that
is not legally occupied. Vacant property does not mean property that
is temporarily unoccupied while the residents are away on vacation,
personal matters or business, or is not intended by the owner to be
left vacant, so long as the period does not exceed 30 days.
26.13.3.
Applicability. 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 Municipality of
Bethel Park above and beyond any other state or Municipality of Bethel
Park provisions for same.
26.13.4.
Establishment of a registry. Pursuant to the provisions of Section 26.13, the Municipality of Bethel Park, or its designee, shall establish a registry cataloging each registrable property within the Municipality of Bethel Park, containing the information required by this article.
26.13.5.
Real property registration.
1.
Any mortgagee who holds a mortgage on registrable property located
within the Municipality of Bethel Park shall perform an inspection
of the property to determine vacancy or occupancy, upon foreclosure.
The Mortgagee shall, within 10 days of the inspection, register the
property with the Code Enforcement Department, or its designee, on
forms or other manner as directed, and indicate whether the property
is vacant or occupied. A separate registration is required for each
property, whether it is found to be vacant or occupied.
2.
Registration pursuant to this section shall contain the name, direct
mailing address, a direct contact name, telephone number, and e-mail
address for the mortgagee/trustee, and the mortgage servicer, and
the name and twenty-four-hour contact phone number of the local property
management company responsible for the security and maintenance of
the property who has the authority to make decisions concerning the
abatement of nuisance conditions at the property, as well as any expenditure
in connection therewith.
3.
Mortgagees who have existing registrable property on the effective
date of this article have 30 calendar days from the effective date
to register the property with the Code Enforcement Department, or
its designee, on forms or other manner as directed, and indicate whether
the property is vacant or occupied. A separate registration is required
for each property, whether it is vacant or occupied.
4.
Any previous unpaid registration fees are the responsibility of the
new mortgagee or trustee and are due and payable with their initial
registration; except if it is determined that the transferee is exempt
from paying fees, then the previous mortgagee will not be released
from the responsibility of paying all previous unpaid fees and fines,
regardless of who the mortgagee was at the time when registration
was required, including but not limited to unregistered periods during
the foreclosure process. The provisions of this section are cumulative
with and in addition to other available remedies.
5.
If the servicing rights for a mortgage on a registrable property
are sold or transferred, the registration must be updated to include
all the new servicer information within 10 days of the servicing transfer.
6.
Any previous unpaid registration fees are the responsibility of the
new registrable property owner and are due and payable with their
initial registration; except if it is determined that the transferee
is exempt from paying fees, then the previous mortgagee will not be
released from the responsibility of paying all previous unpaid fees
and fines, regardless of who the mortgagee was at the time when registration
was required, including but not limited to unregistered periods during
the foreclosure process. The provisions of this section are cumulative
with and in addition to other available remedies.
7.
As long as the property is registrable, it shall be inspected by
the mortgagee, or designee, monthly. If an inspection shows a change
in the property's occupancy status, the mortgagee shall, within
10 days of that inspection, update the occupancy status of the property
registration.
8.
A nonrefundable semiannual registration fee of $300 shall accompany
each registration pursuant to this section.
9.
If a lis pendens, deed in lieu of foreclosure, or other public notice
of foreclosure is filed on a property and the property was not registered
and the registration fee paid at least 30 days prior to the filing
date, a late fee shall be charged. The late fee shall be the equivalent
to 10% of the registration fee and shall be charged for every thirty-day
period, or portion thereof, the property is not registered and shall
be due and payable with the registration. This section shall apply
to the initial registration and thirty-day delinquent registration
renewals. Registrations delinquent greater than 30 days are also subject
to additional fines as described herein.
10.
All registration fees must be paid directly from the mortgagee, trustee,
servicer, or owner. Third-party registration fees are not allowed
without the consent of the Municipality of Bethel Park and/or its
authorized designee.
11.
Properties subject to this section shall remain under the semiannual
registration requirement and the inspection, security and maintenance
standards of this section as long as they are registrable.
12.
Until the mortgage or lien on the property in question is satisfied,
or legally discharged, the desire to no longer pursue foreclosure,
the filing of a dismissal of lis pendens and/or summary of final judgment
and/or certificate of title, voluntary or otherwise, does not exempt
any mortgagee holding the defaulted mortgage from all the requirements
of this article as long as the property remains registrable.
13.
Any person or legal entity that has registered a property under this
section must report any change of information contained in the registration
within 10 days of the change.
14.
Failure of the mortgagee to properly register or to modify the registration
information within 10 days of the action requiring the update to reflect
a change of circumstances as required by this article is a violation
of the article and shall be subject to enforcement and any resulting
monetary penalties and/or property liens.
15.
Pursuant to any administrative or judicial finding and determination
that any property is in violation of this article, the Municipality
of Bethel Park may take the necessary action to ensure compliance
with and place a lien on the property for the cost of the work performed
to benefit the property and bring it into compliance.
16.
Mortgagees, as defined by Section 26.13.2, shall maintain real property
subject to this article in accordance with the applicable code(s)
of the Municipality of Bethel Park.
26.13.6.
Severability. If any section, sentence, clause or phrase of
this article is held to be invalid or unconstitutional by any court
of competent jurisdiction, then said holding shall in no way affect
the validity of the remaining portions of this article.
26.13.7.
Repealer. All ordinances or parts of ordinances in conflict
herewith are and the same are hereby repealed.
26.13.8.
Codification. It is the intention of the Municipal Council that
the provisions of this article shall become and be made a part of
the Municipality of Bethel Park Code of Ordinances; and that the sections
of this ordinance may be renumbered or relettered to accomplish such
intention, and the word "ordinance" may be changed to "section," "article,"
or such other appropriate word or phrase in order to accomplish such
intentions.
26.13.9.
Violations and penalties. Mortgagees who shall fail to comply
with the provisions of this article shall be guilty of a summary offense,
and, upon conviction thereof before the District Judge in the Municipality
of Bethel Park, shall be fined not less than $500 for each offense.
26.13.10.
When effective. This article shall take affect according to
local and state requirements.
