[HISTORY: Adopted by the Board of Supervisors of the Township
of Fallowfield 8-30-2017 by Ord.
No. 233. Amendments noted where applicable.]
It is the purpose and intent of the Township to establish a
process to address the deterioration and blight of Township neighborhoods
caused by an increasing amount of foreclosed or abandoned real property
located within the Township and to identify, regulate, limit and reduce
the number of abandoned properties located within the Township. It
is the Township's further intent to establish a registration
program as a mechanism to protect neighborhoods from becoming blighted
due to lack of adequate maintenance and security of foreclosed and
abandoned properties.
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 real property in the Township that has become both vacant
and blighted.
A property or structure 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.
Properties that have broken or severely damaged windows, doors,
walls, or roofs which create hazardous conditions and encourage trespassing;
or
Properties cited for a public nuisance pursuant to the Township's
ordinance(s), code(s) and/or regulation(s); or
Properties that endanger the public's health, safety, or
welfare because the properties or improvements thereon are dilapidated,
deteriorated, or violate minimum health and safety standards or lack
maintenance as required by the Township's ordinance(s), code(s)
and/or regulation(s).
Any building official, zoning officer, code enforcement officer,
building inspector, fire inspector, law enforcement officer, or other
person authorized by the Township to enforce the applicable Township
ordinance(s), code(s), and/or regulation(s).
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 the lender holding a mortgage on the property,
is subject to an ongoing foreclosure action by the lender, is subject
to an application for a tax deed or pending tax assessor's lien sale,
or has been transferred to the lender under a deed in lieu of foreclosure.
The designation of a property as "foreclosed" shall remain in place
until such time as the property is sold or transferred to a new owner,
the foreclosure action has been dismissed, and any default on the
mortgage has been cured.
Any person, legal entity or other party having any ownership
interest, whether legal or equitable, in real property. This term
shall also apply to any person, legal entity or agent responsible
for the construction, maintenance or operation of the property involved.
A property manager, property maintenance company or similar
entity responsible for the management and/or maintenance of real property.
Any building or structure that is not legally occupied.
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 Township above and beyond any other
state, county or local provisions for the same.
Pursuant to the provisions of § 275-5 herein, the Township or its designee shall establish a registry cataloging each foreclosed or abandoned property within the Township, containing the information required by this chapter.
A.
Upon default by the mortgagor of the mortgage on any real property
located within the Township, the mortgagee (lender), who holds such
mortgage, shall perform an inspection of the property to determine
vacancy or occupancy. The mortgagee shall, within 10 days of the inspection,
register the property with the Township's Code Enforcement Department,
or its designee, on a form provided by the Township, and shall 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.
B.
If the property is occupied but remains in mortgage default, it shall
be inspected by the mortgagee or his designee on a monthly basis until:
(1)
The mortgagor or other party remedies the default; or
(2)
The property is found to be vacant or shows evidence of vacancy,
at which time it is deemed abandoned, and the mortgagee shall, within
10 days of that inspection, update the property registration to a
vacancy status on a form provided by the Township.
C.
This chapter shall also apply to properties that have 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.
D.
This chapter shall also apply to properties that have been identified
by the Code Enforcement Department as being vacant and abandoned,
through the investigation of code violations or blighted conditions
on such properties.
E.
Registration pursuant to this chapter shall contain the name of the
property owner, the mortgagee and the foreclosure process server or
attorney; the direct mailing address of the owner, the mortgagee and
the process server or attorney; a direct contact name and telephone
number for all parties; facsimile number and e-mail address for all
parties; the Washington County tax parcel identification number of
the property, and the name and twenty-four-hour contact phone number
of any property management company responsible for the security and
maintenance of the property.
(1)
If the property is vacant, the front door of the property shall be
posted legibly and clearly with the name and twenty-four-hour contact
telephone number of the owner, mortgagee or designated local agent.
The posting shall contain the following language:
THIS PROPERTY IS MANAGED BY:
TO REPORT ANY PROBLEMS OR CONCERNS, CALL:
F.
A nonrefundable annual registration fee of $50 shall accompany the
registration form. The annual registration fee shall be valid for
one calendar year and shall be due on the date of registration and
every year thereafter until such property becomes legally occupied.
G.
All registration fees must be paid directly from the mortgagee, server,
trustee, or owner. Third-party registration fees will not be accepted
without the prior consent of the Township and/or its authorized designee.
H.
Properties subject to this section shall remain under the annual
registration requirement, and the inspection, security and maintenance
standards of this chapter as long as they remain vacant or in default.
Once the property is no longer in foreclosure or is sold to a person
or entity other than the mortgagee, the mortgagee must provide proof
of sale or written notice of termination of the foreclosure proceeding
to the Township.
I.
Any person or legal entity that has registered a property under this
section must report any change of information contained in the registration
form within 10 days of the change.
J.
Failure of any mortgagee and/or owner to properly register or to
modify the registration form from time to time to reflect a change
of circumstances as required by this chapter shall be considered a
violation of the same and shall be subject to enforcement and sanctions.
K.
Pursuant to any administrative or judicial finding and determination
that any property is in violation of this chapter, the Township 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.
A.
Properties subject to this chapter shall be compliant with all other
applicable Township ordinance(s), code(s) and/or regulation(s). Failure
of the mortgagee and/or owner to properly maintain the property may
result in a violation and issuance of a citation or notice of violation.
Pursuant to a finding and determination by the Township Code Enforcement
Officer, Magisterial District Judge or a court of competent jurisdiction,
the Township may take the necessary action to ensure compliance.
B.
Properties subject to this chapter shall be kept free of trash, junk,
or debris; building materials; unlicensed or junk vehicles; any accumulation
of newspapers, circulars, flyers, printed material or notices, except
those required by federal, state or local law; discarded personal
items, including, but not limited to, furniture, clothing, and appliances;
and any other items that give the appearance that the property is
abandoned.
C.
The property shall be maintained free of graffiti or similar markings
by removal or painting over with exterior-grade paint that matches
the color of the exterior structure.
D.
Yard and/or landscape maintenance shall include, but not be limited
to, watering, irrigation, cutting and mowing of required ground cover
or landscape. All sidewalks adjoining the property shall be kept clear
of snow and ice.
E.
Yard and/or landscape material 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 yard and/or landscape material
shall not include weeds, fallen trees or branches, gravel, broken
concrete, asphalt or similar material.
F.
Pools, spas and other bodies of water, including ponds, shall be
maintained in a clean and sanitary condition, and in good repair.
Pools and spas shall be secured in accordance with all applicable
Township ordinance(s), code(s) and/or regulation(s).
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 person to access the interior of the property or
structure. Broken windows, doors, gates and other openings of such
size that may allow a person to access the interior of the property
or structure must be repaired. Broken windows shall be secured by
reglazing of the window, not by placement of wood or other material.
C.
If the mortgage on a property is in default, and the property has
become vacant or abandoned, a property manager shall be designated
by the mortgagee to perform the work necessary to bring the property
into compliance with the applicable Township ordinance(s), code(s)
and/or regulation(s), and the property manager must perform regular
inspections to verify compliance with the requirements of this chapter,
and any other applicable laws.
All abandoned real property is hereby declared to be a public
nuisance, the abatement of which, pursuant to the police power, is
hereby declared to be necessary for the health, welfare and safety
of the residents of the Township of Fallowfield.
A.
Any person or entity that violates any of the provisions of this
chapter may be charged with such violation, and, upon conviction thereof,
shall be sentenced to pay a fine of not more than $1,000 for each
violation. In default of payment of any imposed fine(s), the offender
and/or its authorized representative may be imprisoned for a term
not to exceed 90 days in the Washington County Correctional Facility.
B.
Whenever any person or entity violating any of the provisions of
this chapter is notified of such violation, in writing, by the Township,
each day, or portion thereof, a violation occurs or continues to occur
shall constitute a separate violation.
C.
In addition to and not in lieu of the foregoing, the Township may
seek equitable and legal relief to compel compliance with this chapter.
If a court of competent jurisdiction grants the Township's request
for equitable and/or legal relief, the person(s) and/or entity/entities
against whom such relief was granted shall be responsible for any
and all court costs, attorney's fees and/or expenses incurred
by the Township in seeking said relief and/or compliance.
Adherence to this chapter does not relieve any person, legal
entity and/or agent from any other obligations set forth in any other
applicable Township ordinance(s), code(s) and/or regulation(s), which
may apply to the property. Upon sale or transfer of title to the property,
the owner shall be responsible for all violations of the applicable
Township ordinance(s), code(s) and/or regulation(s) and the owner
shall be responsible for meeting with the Township's Code Department
within 45 days for a final inspection report.
Whoever opposes, obstructs or resists any enforcement officer
or any person authorized by the Enforcement Officer in the discharge
of duties as provided in this chapter shall be punishable as provided
in the applicable Township ordinance(s), code(s) and/or regulation(s)
or by a court of competent jurisdiction.
Any enforcement officer or any person authorized by the Township
to enforce this chapter shall be immune from prosecution, civil or
criminal, for reasonable, good-faith entry upon real property while
in the discharge of duties imposed by this chapter.
The Board of Supervisors may, at any time by way of resolution,
amend this chapter to change the amount of the annual registration
fee.
A.
The provisions of this chapter are severable and in the event that
any provision is held invalid, void, illegal, or unconstitutional
by any court, it is the intent of the Board of Supervisors that such
determination by the court shall not affect or render void the remaining
provisions of this chapter.
B.
It is the declared intent of the Board of Supervisors that this chapter
would have been enacted if any provision subsequently declared to
be void, invalid, illegal or unconstitutional had not been included
at the time of enactment.
