[HISTORY: Adopted by the City Council of the City of Pittston 5-17-2017 by Ord. No. 2017-5.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Dangerous buildings — See Ch. 165.
Condemned property — See Ch. 186.
Uniform construction codes — See Ch. 191.
Grass, weeds and other vegetation — See Ch. 281.
Littering — See Ch. 307.
Property maintenance — See Ch. 370.
Solid waste — See Ch. 412.
Streets and sidewalks — See Ch. 424.
[1]
Editor's Note: This ordinance also repealed former Chapter
376, Abandoned Real Property, adopted 6-15-2016 by Ord. No. 2016-5.
It is the purpose and intent of the City of Pittston to establish
a process to address the deterioration and blight of the City of Pittston
neighborhoods caused by an increasing amount of abandoned, foreclosed
or distressed real property located within the City of Pittston, and
to identify, regulate, limit and reduce the number of abandoned properties
located within the City of Pittston. It is the City of Pittston's
further intent to establish a registration program as a mechanism
to protect neighborhoods from becoming blighted due to the lack of
adequate maintenance and security of abandoned and 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:
Any real property located in the City of Pittston, 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 assessors lien sale,
or has been transferred to the lender under a deed in lieu of foreclosure.
The designation of a 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 comprised/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.
Includes, but is not to be limited to, the City of Pittston's
Zoning Ordinance, the City of Pittston's Code of Ordinances (City
of Pittston Code), and the Pennsylvania Building Code.
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 public nuisance pursuant to the City
of Pittston Code; 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 City of Pittston Property Maintenance,
Fire Inspection and Zoning Codes.
Any law enforcement officer, building official, zoning inspector,
code enforcement officer, fire inspector or building inspector, or
other person authorized by the City of Pittston to enforce the applicable
code(s).
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 local property manager, property maintenance company or
similar entity responsible for the maintenance of abandoned 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 City of Pittston above and beyond
any other state, county or local provisions for same.
Pursuant to the provisions of § 376-1, the City of Pittston or designee shall establish a registry cataloging each abandoned property within the City of Pittston, containing the information required by this chapter.
A.
Any mortgagee who holds a mortgage on real property located within
the City of Pittston shall perform 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 Division of Code Enforcement, or designee, on forms or website
access provided by the City of Pittston, 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 his 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 of Pittston.
C.
Registration pursuant to this section shall contain the name of the
mortgagee and the server, the direct mailing address of the mortgagee
and the server, a direct contact name and telephone number for both
parties, facsimile number and e-mail address for both parties, the
folio or tax number, 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 biannual (every six months) registration fee in an
amount to be set by resolution of the City Council 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 City of Pittston and/or its 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 biannual
registration requirement and the inspection, security and maintenance
standards of this section as long as they remain vacant or in default.
H.
Any person or legal entity 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 the
chapter and shall be subject to enforcement.
J.
Pursuant to any administrative or judicial finding and determination
that any property is in violation of this chapter, the City of Pittston
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 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.
The 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.
Front, side, and rear yards, including landscaping, shall be maintained
in accordance with the applicable code(s) at the time registration
was required.
D.
Yard maintenance 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 maintenance of yards and/or landscape shall
not include weeds, gravel, broken concrete, asphalt or similar material.
E.
Maintenance shall include, but not be limited to, watering, irrigation,
cutting and mowing of required ground cover or landscape and removal
of all trimmings.
F.
Pools and spas shall be maintained so the water remains free and
clear of pollutants and debris and shall comply with the regulations
set forth in the applicable code(s).
G.
Failure of the mortgagee and/or owner to properly maintain the property may result in a violation of the applicable code(s) and issuance of a citation or notice of violation in accordance with Chapters 186, 191, 223, 248, 260, 270, 281, 370, 424 and/or 480 of the Pittston City Code. Pursuant to a finding and determination by the City of Pittston's Code Enforcement Officer, Code Appeals Board, District Magisterial Judge or a court of competent jurisdiction, the City of Pittston may take the necessary action to ensure compliance with this section.
H.
In addition to the above, the property is required to be maintained
in accordance with the applicable code(s).
A.
Properties subject to these sections 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 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 code(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 City of Pittston.
Any person who shall violate the provisions of this chapter
may be cited with a nontraffic citation issued by the City of Pittston
Code Enforcement Office. Each day the offense continues may be deemed
a separate offense. Upon conviction before the District Magisterial
Court, the following table shows violations of these sections, as
may be amended from time to time, which may be enforced pursuant to
the provisions of this regulation; and the dollar amount of civil
penalty for the violation of these sections, as it may be amended.
The descriptions of violations below are for informational purposes
only and are not meant to limit or define the nature of the violations
or the subject matter of the City of Pittston Code sections, except
to the extent that different types of violations of the Code section
may carry different civil penalties. For each Code section listed
in the schedule of civil penalties, the entirety of the section may
be enforced by the mechanism provided in this section, regardless
of whether all activities prescribed or required are described in
the "Description of Violation" column. To determine whether a particular
activity is prescribed or required by this Code, the relevant City
of Pittston Code section(s) shall be examined.
|
Description of Violation
|
Civil Penalty
|
|---|---|
|
Failure to register abandoned real property on biannual basis
and/or any violation of the sections stated within.
|
$500
|
Adherence to this chapter does not relieve any person, legal
entity or agent from any other obligations set forth in any applicable
code(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 code(s) and the owner shall be responsible for meeting
with the City of Pittston's Code Enforcement Division within
45 days for a final courtesy inspection report.
A.
If the enforcement officer has reason to believe that a property
subject to the provisions of this article is posing a serious threat
to the public health, safety and welfare, the Code Enforcement Officer
may temporarily secure the property at the expense of the mortgagee
and/or owner, and may bring the violations before the City of Pittston's
Code Enforcement Board or Code Enforcement Special Magistrate as soon
as possible to address the conditions of the property.
B.
The Code Enforcement Board or Hearing Officer/Special Magistrate
shall have the authority to require the mortgagee and/or owner of
record of any property affected by this section to implement additional
maintenance and/or security measures including, but not limited to,
securing any and all doors, windows or other openings, employment
of an on-site security guard or other measures as may be reasonably
required to help prevent further decline of the property.
C.
If there is a finding that the condition of the property is posing
a serious threat to the public health, safety and welfare, then the
Code Enforcement Board or Special Magistrate may direct the City of
Pittston to abate the violations and charge the mortgagee with the
cost of the abatement.
D.
If the mortgagee does not reimburse the City of Pittston for the
cost of temporarily securing the property or of any abatement directed
by the Code Enforcement Board or Special Magistrate within 30 days
of the City of Pittston sending the mortgagee the invoice, then the
City of Pittston may lien the property with such cost, along with
an administrative fee of $500 to recover the administrative personnel
services.
Whoever opposes, obstructs or resists any enforcement officer
or any person authorized by the enforcement office in the discharge
of duties as provided in this chapter shall be punishable as provided
in the applicable code(s) or a court of competent jurisdiction.
Any enforcement officer or any person authorized by the City
of Pittston to enforce the sections here within 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 article.
The City of Pittston idemnifies the City Code Enforcement Officer
and/or Fire Code Inspector and/or Zoning Officer and/or any other
duly authorized city employee, officer or official in the performance
of their official duties under this chapter.
