[Adopted 4-7-2016 by Ord. No. 19-2016; amended in its entirety 11-13-2025 by Ord. No. 101-2025[1]]
[1]
Editor's Note: This ordinance provided an effective date of 1-1-2026.
The following words, terms, and phrases, herein, shall have the meanings ascribed to them in this article, except where a different meaning is clearly indicated.
ABANDONED REAL PROPERTY
Any real property located in the City, 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 property as "abandoned" 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.
ACCESSIBLE TO UNAUTHORIZED PERSONS
A property that is accessible through a compromised/breached gate, fence, wall, or other enclosure, or a structure that is unsecured and/or breached in such a way as to allow access to the interior space by unauthorized persons.
ACTIVELY MARKETED
The good faith offering of a property for sale as demonstrated by:
A. 
The placement, by the owner or through an agent, of a "for sale" or "for lease" sign on a property with accurate contact information; and
B. 
At least one of the following actions is taken by the owner:
(1) 
Engaged the service of a real estate licensee;
(2) 
Listed the property in the Multiple Listing Service (MLS); or
(3) 
Distributed print advertisements.
APPLICABLE CODES
All ordinances, resolutions, codes, laws, and regulations enacted, adopted, and/or enforced by the City of Scranton, including but not limited to building codes, property maintenance codes, junk and abandoned vehicles code, and licensing and permit requirements.
OCCUPIED
Unless considered "abandoned real property" as defined above, any building or structure where one or more persons actually conducts a lawful business or resides in all or any part of the building or structure as the legal business-occupant, or as the legal or equitable owner/occupant or tenant on a permanent, non-transient basis, or any combination of the same. For purposes of this article, evidence offered to support the determination that a building or structure is so occupied may include, but shall not be limited to, the regular receipt of delivery of regular mail through the U.S. Postal Service; proof of continual telephone, electric, gas, heating, water and sewer services; trash collection services; a valid City business license; or the most recent federal, state or City income tax statements indicating that the subject property is the official business or residence address of the person or business claiming occupancy; or current written leases indicating current occupancy of the property.
OWNER
Any person, legal entity, or other party having any ownership interest, whether legal or equitable, in real property. This term shall apply to any person, legal entity, or agent responsible for the construction, maintenance, or operation of the property involved.
PROPERTY MANAGEMENT COMPANY
A local or regional manager, property maintenance company, or similar entity responsible for the maintenance of abandoned real property.
STRUCTURE
Any building or structure, including commercial and residential, excluding an accessory structure on a property where the primary structure is occupied.
VACANT
Not occupied, as defined in this section.
VACANT REAL PROPERTY
Any structure, other than abandoned real property, that is not occupied for more than 30 days and not actively marketed.
VACANT UNIT
A dwelling unit in a multi-unit structure that would constitute a vacant real property if that unit were itself a structure.
A. 
Registry. The City or its designee shall establish a registry cataloging each vacant real property and abandoned real property within the City limits.
B. 
Annual. Properties subject to this article shall remain under the annual registration requirement and the inspection, security, and maintenance standards of this article as long as the properties remain abandoned real property or vacant real property.
(1) 
Every property owner shall register by March 15 of a given year for every vacant real property or abandoned real property requiring renewal on the registry.
C. 
Updates. Any person or legal entity that has registered a property under this article must report any change of information contained in the registration filing within 10 days of the change.
D. 
Abandoned real property. The following provisions shall apply to abandoned real property.
(1) 
Any mortgagee who holds a mortgage on real property located within the City of Scranton limits shall perform or have performed an inspection of the property to determine vacancy or occupancy, upon default by the mortgagor. The mortgagee shall, within 10 days of the inspection, register with the Bureau of Code Enforcement on forms or through a City website, 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) 
If the property is occupied but remains in default, it shall be inspected by the mortgagee or designee monthly until the mortgagor or other party remedies the default, or it 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 forms provided by the City.
(3) 
Registration pursuant to this article shall contain the name of the mortgagee and the server, the direct mailing address of the mortgagee and the server, a direct contact name, telephone number, and e-mail address for both parties, the folio or tax number, and the name and 24-hour contact number of the property management company or designee responsible for security and maintenance of the property.
(4) 
This article 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 a foreclosure/sale.
(5) 
A nonrefundable annual registration fee in the amount of $200 shall be assessed and shall accompany the registration form, per registration.
(6) 
All registration fees must be paid directly by or from the mortgagee, servicer, trustee, or owner. Third-party registration fees are not allowed without the consent of the City and/or its authorized designee.
(7) 
If the abandoned real property is not registered, or the registration fee is not paid, within 30 days of when the registration or renewal is required, a late fee equivalent to 10% of the annual registration fee shall be charged for every 30-day period, or portion thereof, the property is not registered and shall be due and payable with the registration.
E. 
Vacant real property. The following provisions shall apply to vacant real property.
(1) 
Registration. Every vacant real property owner shall register within 30 days of any property becoming a vacant real property.
(2) 
Fees. A nonrefundable annual registration fee in the amount of $45 shall be assessed and shall accompany the registration form, per registration, except as provided for in this section.
(3) 
Fee exceptions. Registration of the following types of vacant real property shall be exempt from the annual registration fee:
(a) 
Properties with an active permit pursuant to Ch. 203;
(b) 
Occupied properties with an active rental license pursuant to Ch. 373;
(c) 
A licensed residential rental property that becomes a vacant real property subject to registration during the calendar year of such rental license shall not be required to pay the annual registration fee when notifying the Bureau of Code Enforcement of the change in status. Similarly, a registered vacant real property that becomes a residential rental unit subject to licensing during the calendar year of such vacant real property registration shall not be required to pay the annual registration fee when notifying the Bureau of Code Enforcement of the change in status.
(4) 
Exceptions. This article shall not apply to:
(a) 
Properties owned by a government entity, including but not limited to any land bank or municipal authority;
(b) 
Properties listed on the Lackawanna Tax Claim Bureau's repository for unsold property; or
(c) 
Multi-unit structures of two to four units in which one unit is owner-occupied and actually occupied.
(5) 
Vacant units. Every owner of a multi-unit structure constituting a residential rental property, if not otherwise required to notify the Bureau of Code Enforcement of that such property or unit is vacant, shall notify the Bureau of Code Enforcement of each vacant unit within that structure. Notification shall be on a form designated by the Bureau of Code Enforcement, which may be pursuant to the license application and information procedures and requirements of Chapter 373. Notification under this subsection shall not be charged the annual vacant real property registration fee.
A. 
All vacant real properties and abandoned real properties are subject to all applicable codes.
B. 
Every owner or their designee shall inspect the vacant real property or abandoned real property at least once every calendar month to ensure compliance with all applicable codes.
C. 
Every owner or their designee shall secure the vacant real property or abandoned real property such that the property is not accessible to unauthorized persons.
D. 
Plywood used to secure a vacant real property or abandoned real property shall be of unsanded CDX grade and shall have a minimum thickness of one-half inch for window openings, five-eighths inch for door openings, and three-quarters inch for sliding door and French door openings.
E. 
Any vacant real property or abandoned real property that remains on the registry for over one year shall be subject to an annual interior health and safety inspection by the Bureau of Code Enforcement or their designee, and shall pay the requisite fee pursuant to Chapter 203. As reasonably necessary to protect the health, safety, and welfare, Bureau of Code Enforcement or their designee may perform an interior health and safety inspection upon a vacant real property or abandoned real property.
F. 
Upon a showing of probable cause of a violation of this article, an appropriate City official may apply to any court having jurisdiction in the City of Scranton for an administrative warrant to enter and inspect a property that is confirmed to be or reasonably believed to be a vacant real property or abandoned real property.
A. 
Adherence to this article does not relieve any person, legal entity, or agent from any other obligations set forth in any applicable ordinance or code(s) which may apply to the property. Upon sale or transfer of title to the property, the owner shall be responsible for meeting with the City's Bureau of Code Enforcement for the required inspection.
B. 
The Bureau of Code Enforcement is hereby authorized to promulgate such forms, rules, and regulations not inconsistent with this article or any other law in furtherance of the administration of this article.
A. 
Any person who shall violate any provision of this article shall be subjected to citation, upon conviction, shall, in addition to any other penalty authorized by law, pay a fine of not more than $300 per instance. Each day a person violates this article shall constitute a separate offense.
B. 
Pursuant to a determination that any property is in violation of this article, the City 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.