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:
BOROUGH
The Borough of Bath, Northampton County, Commonwealth of
Pennsylvania.
DISTRESSED REAL PROPERTY
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.
ENFORCEMENT OFFICER
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).
OWNER
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.
PERSON
An individual, organization, corporation, partnership, business
trust, estate, trust, association or any other legal or commercial
entity.
PROPERTY MANAGEMENT COMPANY
A local property manager, property maintenance company or
similar entity responsible for the maintenance of distressed real
property.
VACANT
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This chapter shall be considered cumulative and not superseded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.
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.