Township of Upper Providence, PA
Delaware County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Commissioners of the Township of Upper Providence 10-12-2017 by Ord. No. 503. Amendments noted where applicable.]
GENERAL REFERENCES
International Property Maintenance Code — See Ch. 1460.
It is the purpose and intent of this chapter to establish a process to address the potential deterioration and blight of Township neighborhoods caused by abandoned, foreclosed or distressed real property, and to identify, regulate, limit and reduce the number and negative impacts of abandoned properties throughout the Township. It is the Township's intent to establish a registration program as a mechanism to monitor and protect communities within the Township from becoming blighted due to the lack of adequate maintenance and to compel the appropriate parties to maintenance and security for abandoned and foreclosed properties.
Unless set forth otherwise, the terms in this chapter shall be those set forth in the Township Property Maintenance Code Ordinance, Code Chapter 1460. Additionally, as used in this chapter, the following terms shall have the meanings indicated, unless a different meaning clearly appears from the context:
ABANDONED REAL PROPERTY
Any real property located in the Township, whether vacant or occupied, that is in default on a mortgage; has had a lis pendens filed against it by a lender holding a mortgage on the property; is subject to an ongoing foreclosure action by a lender; is subject to an application for a tax deed or pending tax assessor's lien sale; or has been transferred to a lender under a deed in lieu of foreclosure. The designation of a property as "abandoned" shall remain in place until such time as the property is sold or transferred to a new owner who actively occupies the same.
DANGEROUS OR NONCOMPLIANT PROPERTY
Any property in violation of the Property Maintenance Code.
PROPERTY MAINTENANCE CODE
The Upper Providence Township Property Maintenance Code, Title Six, Township Code Chapter 1460.
VACANT PROPERTY
Any building, structure or property that is not occupied.
The provisions of this chapter shall be considered cumulative and additional to the remedies set forth in the Township Property Maintenance Code and any other Township ordinances.
(a) 
A mortgagee or mortgage lender ("mortgagee") of real property located within the Township is required to notify the Township Manager and Township Code Enforcement Officer of any abandoned or vacant real property, pursuant to the following:
(1) 
The mortgagee shall provide the Township with the name, address, contact information, and emergency contact information of itself and the property maintenance/management company responsible for the security and maintenance of the property. Registration shall be submitted within 14 days of the property becoming an abandoned or vacant property, and annually thereafter by January 31 of each year. Any fees associated with such registration shall be established by the Township's Fee Schedule.
(2) 
Such entity is responsible for ensuring that the property remains in compliance with the Township's Property Maintenance Code. To the extent that either the mortgagee or owner of the property fails to maintain the property pursuant to the Township's Property Maintenance Code, enforcement action can be undertaken against both pursuant to the procedures set forth in the Code and this chapter.
(3) 
To the extent that the mortgagee of an abandoned or vacant property is cited more than once in a twelve-month period for violation of the Property Maintenance Code, the mortgagee shall post financial security, in form and substance acceptable to the Township, with the Township in an amount equivalent to six months of routine maintenance on the subject property. Such amount shall be subject to review by the Township Code Enforcement Officer. The Township may utilize such financial security, upon 30 days' written notice to the mortgagee, to undertake maintenance of the subject property to bring it into compliance with the Property Maintenance Code. However, no notice is required prior to the use of such financial security to the extent that emergency or other exigent circumstances exist. In the event that the financial security is so utilized, the mortgagee shall be required to replenish the same.
(b) 
The owner or occupant of any vacant property in the Township has been cited for more than two violations of the Township Property Maintenance Code within any twelve-month period shall be required to comply with the provisions of Subsection (a)(3) above.
(c) 
Pursuant to the Neighborhood Blight Reclamation and Revitalization Act,[1] the Township reserves the right to deny a permit to any mortgagee, landowner or occupant whose property is in violation of the provisions of this section, except to the extent that such permit is required to remediate a violation of the Property Maintenance Code.
[1]
Editor's Note: See 53 Pa.C.S.A. § 6101 et seq.
The penalties applicable to abandoned real property, and the right of any party to appeal a determination by the Township Code Enforcement Officer related to the same, shall be those set forth in the Township's Property Maintenance Code.
If any sentence, clause, section, or part of this chapter is for any reason found to be unconstitutional, illegal or invalid, such unconstitutionality, illegality or invalidity shall not affect or impair any of the remaining provisions, sentences, clauses, sections, or parts hereof. It is hereby declared as the intent of the Township that this chapter would have been adopted had such unconstitutional, illegal or invalid sentence, clause, section or part thereof not been included herein.