[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:
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.
Any property in violation of the Property Maintenance Code.
The Upper Providence Township Property Maintenance Code, Title Six, Township Code Chapter 1460.
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.
