[HISTORY: Adopted by the Borough Council of the Borough of
Bath Adopted 10-5-2015 by Ord.
No. 2015-654. Amendments noted where applicable.]
GENERAL REFERENCES
Property maintenance — See Ch. 270.
This chapter shall be known as the "Distressed Real Property
Registration Act."
It is the purpose and intent of the Borough to establish a process
to address the deterioration and blight of Borough neighborhoods caused
by an increasing amount of abandoned, foreclosed or distressed real
property located within the Borough, and to identify, regulate, limit
and reduce the number of unmaintained properties located within the
Borough. It is the Borough's further intent to establish a registration,
inspection and maintenance program as a mechanism to protect neighborhoods
from becoming blighted due to the lack of adequate maintenance and
security of abandoned, foreclosed 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:
The Borough of Bath, Northampton County, Commonwealth of
Pennsylvania.
Any real property located in the Borough, 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, is subject to an application
for a tax deed or pending Tax Assessor lien sale, or has been transferred
under a deed in lieu of foreclosure. The designation of a property
as distressed real property shall remain in place until such time
as the property is sold or transferred to a bona fide purchaser for
value, the foreclosure action has been dismissed, or any default on
the mortgage has been cured.
Any law enforcement officer, Building Official, zoning inspector,
Code Enforcement Officer, fire inspector or Building Inspector, or
other person authorized by the Borough to enforce the applicable code(s).
Any person having any ownership interest, whether legal or
equitable, in real property. This term shall also apply to any person
or agent responsible for the construction, maintenance or operation
of the property involved.
An individual, organization, corporation, partnership, business
trust, estate, trust, association or any other legal or commercial
entity.
A local property manager, property maintenance company or
similar entity responsible for the maintenance of distressed real
property.
Any building or structure that is not legally occupied.
This chapter shall be considered cumulative and not superseded
by or subject to any other law or provision for same, but rather be
an additional remedy available to the Borough above and beyond any
other state, county or local provisions for same.
The Borough or its designee shall establish a registry cataloging each distressed real property within the Borough. The registry shall contain the information required by § 466-6C.
A.
Any mortgagee who holds a mortgage on real property located within
the Borough shall perform an inspection of the property to determine
vacancy or occupancy, upon default of the mortgage by the mortgagor.
The mortgagee shall, within 10 days of the inspection, register the
property with the Borough, or its designee, on forms or website access
provided by the Borough, 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.
Distressed real property shall be inspected by the mortgagee, or
its designee, monthly. During the course of inspection, if the property
is found to be vacant or shows evidence of vacancy, the mortgagee
shall, within 10 days of that inspection, update the property registration
to a vacancy status on forms provided by the Borough.
C.
Registration pursuant to this section shall contain the name of the
mortgagee and the servicer, the direct mailing address of the mortgagee
and the servicer, a direct contact name and telephone number for both
parties, facsimile number and e-mail address for both parties, the
folio or tax number of the property, and the name and twenty-four-hour
contact phone number of the property management company responsible
for the security and maintenance of the property.
D.
A nonrefundable annual per-property registration fee in an amount
to be set forth in the Borough's fee schedule, payable to the
Borough's designee, shall accompany the registration form or
website registration.
E.
All registration fees must be paid directly from the mortgagee, servicer,
trustee, or owner. Third-party registration fees are not allowed without
the consent of the Borough or the Borough's authorized designee.
F.
This section 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.
G.
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 the distressed real property
remains vacant or in default.
H.
Any person that has registered a property under this section must
report any change of information contained in the registration within
10 days of the change.
I.
Failure of the 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 is a violation of this
section and shall be subject to enforcement.
A.
Distressed real properties shall be kept free of weeds, overgrown
brush, dead vegetation, trash, junk, debris, building materials, any
accumulation of newspapers circulars, flyers, notices, except those
required by federal, state or local law, discarded personal items
including, but not limited to, furniture, clothing, large and small
appliances, printed material or any other items that give the appearance
that the property is abandoned.
B.
Distressed real property shall be maintained free of graffiti or
similar markings by removal or painting over with an exterior grade
paint that matches the color of the exterior structure.
C.
Pools and spas shall be maintained so the water remains free and
clear of pollutants and debris.
D.
In addition to the above, distressed real property is required to
be maintained in accordance with applicable code(s). Failure of the
mortgagee and/or owner to properly maintain the distressed real property
may result in a violation of applicable code(s) and commencement of
an action or actions by the Borough in accordance with the applicable
code(s).
A.
Distressed real property 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 child to access the interior of the property or structure.
Broken windows, doors, gates and other openings of such size that
may allow a child to access the interior of the property or structure
must be repaired. Broken windows shall be secured by reglazing of
the window.
C.
If a distressed real property is vacant, a property management company
shall be designated by the mortgagee to perform the work necessary
to bring the property into compliance with this chapter and applicable
code(s), and the property management company must perform the monthly
inspections required by this chapter to verify compliance with the
requirements of this chapter and any other applicable laws.
Adherence to this chapter does not relieve any person or agent
from any obligations set forth in any applicable code(s) which may
apply to the distressed real property. Upon sale or transfer of title
to distressed real property, the owner shall be responsible for all
violations of the applicable code(s) and, within 45 days after sale
or transfer of title to distressed real property, the owner shall
schedule an inspection of the property by the Borough's enforcement
officer. Prior to inspection, the owner shall pay an inspection fee
in an amount to be set forth in the Borough's fee schedule for
the cost of the inspection.
[Amended 11-5-2018 by Ord. No. 2018-678]
Any person who shall violate any provision of this chapter shall,
upon conviction thereof, be sentenced to pay a fine of not less than
$250 but not more than $1,000 plus court costs and reasonable attorney
fees incurred by the Borough and, in default of payment thereof, shall
be subject to imprisonment for a term not to exceed 30 days. Each
section of this chapter violated shall constitute a separate offense.
Each day that a violation of a section of this chapter continues shall
constitute a separate offense. In addition, court costs and reasonable
attorney fees incurred by the Borough in enforcement proceedings shall
be assessed against violator and awarded to the Borough.
The Borough Solicitor, Borough Manager, or his or her designee,
any Borough police officer, or Borough Code Enforcement Officer is
hereby authorized to act on behalf of the Borough to enforce this
chapter.
The registration fee and inspection fee set forth in this chapter
may be modified by a resolution enacted by Borough Council of the
Borough.
