[Adopted 4-7-2016 by Ord.
No. 19-2016]
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.
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.
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.
Includes, but is not limited to, the City of Scranton codified
ordinances (City Code) and the Pennsylvania Building Code.
Includes, but is not limited to:
Properties that have broken or severely damaged windows, doors,
walls, or roofs which create hazardous conditions and encourage trespassing;
or
Properties whose maintenance is not in conformance with the
maintenance of other neighboring properties, causing a decrease in
value of the neighboring properties; or
Properties cited for a violation of City ordinances or codes;
Properties that endanger the public health, safety, welfare,
because the properties or improvements thereon are dilapidated, deteriorated,
violate minimum health and safety standards or lack maintenance as
required by City ordinance or Code, including zoning codes and standards.
Any law enforcement officer, building code official, zoning
officer, code enforcement officer, fire inspector, building inspector,
or other person authorized by the City to enforce the applicable ordinances
or codes.
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.
A local or regional manager, property maintenance company,
or similar entity responsible for the maintenance of abandoned real
property.
Any building not legally occupied.
Pursuant to the provisions of this article, the City or its
designee shall establish a registry cataloging each abandoned property
within the City limits, containing the information required herein.
A.
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 the property with the City's Department of Licensing, Inspections
and Permits 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.
B.
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.
C.
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, facsimile
number, and e-mail address for both parties, the folio or tax number,
and the name and twenty-four-hour contact number of the property management
company or designee responsible for security and maintenance of the
property.
D.
A nonrefundable annual registration fee in the amount of $200 shall
be assessed and shall accompany the registration form, per registration.
E.
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.
F.
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.
G.
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 vacant
or in default.
H.
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.
I.
Failure of the mortgagee and/or owner to properly register or to
modify the registration form/filing from time to time to reflect a
change of circumstance as required by this article is a violation
of this article and shall be subject to enforcement and a $300 fine.
J.
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.
All abandoned real properties are subject to maintenance as
required by City ordinances and property codes.
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 Department of Licensing, Inspections and
Permits for the required inspection.
Any person who shall violate any of the provisions of this article may be cited and fined pursuant to § 360-18I above.
