[HISTORY: Adopted by the Borough Council of the Borough of
Baldwin 8-1-2017 by Ord. No. 881;[1] amended in its entirety 10-20-2020 by Ord. No. 911. Subsequent
amendments noted where applicable.]
[1]
Editor's Note: This ordinance was originally adopted as Ch.
169 but was renumbered in order to maintain the alphabetical organization
of the Code.
The title of this chapter is the "Borough of Baldwin Vacant
and Abandoned Property Ordinance." It is the purpose and intent of
the Borough of Baldwin to amend the process to more effectively address
the deterioration and blight of our neighborhoods caused by abandoned,
foreclosed or distressed properties located within the Borough and
to identify, regulate, limit and reduce the number of abandoned properties
located within the Borough. It is the Borough's further intent
to adjust the registration program 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 Borough, whether vacant
or occupied, that 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, 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 in a non-arm's-length transaction or the foreclosure
action has been dismissed.
A property that is accessible through a compromised/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 limited to, the Borough's Property
Maintenance Code, the Zoning Ordinance, Building Code and Fire Code,
the Pennsylvania Building and Fire Codes, the UCC, and the Borough's
Codified Ordinances.
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 neighborhood properties; or
Properties cited for a public nuisance pursuant to the applicable
codes; or
Properties that endanger the public's health, safety, or
welfare because the properties are vacant and abandoned or improvements
thereon are dilapidated, deteriorated, or violate minimum health and
safety standards or lack maintenance as required by the applicable
codes.
Any law enforcement officer, Building Official, Zoning Inspector,
Code Enforcement Officer, Fire Marshal, Building Inspector, planner,
or other person authorized by the Borough to enforce the applicable
code(s).
The creditor, including, but not limited to, trustees; mortgage
servicing companies; lenders in a mortgage agreement; any agent, servant,
or employee of the creditor; any successor in interest; or any assignee
of the creditor's rights, interests or obligations under the
mortgage agreement; or any other person or entity with the legal right
to foreclose on the real property, excluding governmental entities
as the assignee or owner.
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 and is not currently being offered for sale, rent or lease evidenced by a sign posted on the subject property advertising the property for sale, rent or lease with contact information, ownership information, and current phone number and/or an active listing on an electronic database accessible to Borough staff. If there is no posted sign and the listing is not accessible to Borough staff, a realtor may submit a written confirmation of listing to avoid the requirement of registration. This shall also include those properties subject to the provisions of § 131A-5 of this chapter, which also shall be defined as vacant and abandoned and subject to the requirements of registration and other provisions of this chapter.
Exception: This definition shall not apply to properties where
owners have, for reasons such as extended vacations, nursing home
care, or temporary employment, not occupied their homes for over 90
days but intend to return and have notified the Baldwin Borough Police
Department of their intentions.
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 Borough above and beyond any state,
county or local provisions for same.
Pursuant to the provisions of § 131A-5, the Borough of Baldwin or designee shall establish a registry cataloging each abandoned property and vacant property within the Borough, containing the information required by this chapter.
A.Â
Upon default by the mortgagor of the mortgage, any mortgagee (lender)
who holds a mortgage on real property located within the Borough of
Baldwin shall perform an inspection of the property to determine vacancy
or occupancy, upon default by the mortgagor as evidenced by a foreclosure
filing. The mortgagee (lender) shall, within 10 days of the inspection,
register all vacant and abandoned property with the Department of
Code Enforcement, or designee, on forms or website access provided
by the Borough and pay the fee required for registration. A separate
registration is required for each property.
B.Â
If the property is occupied but remains in default, it shall be inspected
by the mortgagee (lender) or his designee monthly until:
(1)Â
The mortgagor or other party remedies the default; or
(2)Â
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 Borough.
C.Â
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 email address for both parties, the
PIN 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.Â
All registration fees must be paid directly from the mortgagee (lender),
servicer, trustee, or owner. Third-party registration fees are not
allowed without the consent of the Borough and/or it's authorized
designee.
E.Â
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.
F.Â
Properties subject to this section shall remain under the semiannual
registration requirement, and the inspection, security and maintenance
standards of this section as long as they remain vacant or in default.
G.Â
Each individual property on the registry that has been registered
for 12 months or more prior to the effective date shall have 30 days
to renew the registration and pay the nonrefundable semiannual registration
fee. Properties registered less than 12 months prior to the effective
date shall renew the registration every six months from the expiration
of the original registration renewal date and shall pay the nonrefundable
semiannual registration fee.
H.Â
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.Â
Failure of the mortgagee (lender) 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.Â
If the mortgage and/or servicing on a registrable property is sold
or transferred, the new mortgagee is subject to all the terms of this
chapter. Within 10 days of the transfer, the new mortgagee shall register
the property or update the existing registration. The previous mortgagee(s)
will not be released from the responsibility of paying all previous
unpaid fees, fines, and penalties accrued during that mortgagee's
involvement with the registrable property.
K.Â
If the mortgagee sells or transfers the registrable property in a
non-arm's-length transaction to a related entity or person, the
transferee is subject to all the terms of this chapter. Within 10
days of the transfer, the transferee shall register the property or
update the existing registration. Any and all previous unpaid fees,
fines, and penalties, regardless of who the mortgagee was at the time
registration was required, including, but not limited to, unregistered
periods during the foreclosure process, are the responsibility of
the transferee and are due and payable with the updated registration.
The previous mortgagee will not be released from the responsibility
of paying all previous unpaid fees, fines, and penalties accrued during
that mortgagee's involvement with the foreclosed property.
L.Â
The provisions of this section shall also apply to owners, servicers,
trustees, property managers, and agents of all vacant and/or abandoned
property not the subject of a mortgage in foreclosure. All property
must be registered immediately upon vacancy.
M.Â
If the property not subject to a foreclosure is sold or transferred,
the new owner is subject to all the terms of this chapter. Within
10 days of the transfer, the new owner shall register the vacant property.
The previous owner(s) will not be released from the responsibility
of paying all previous unpaid fees, fines, and penalties accrued during
that owner's involvement with the vacant property.
N.Â
Pursuant to any administrative or judicial finding and determination
that any property is in violation of this chapter, the Borough 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.Â
Properties subject to this chapter shall be kept free of weeds, overgrown
brush, dead vegetation, trash, junk, debris, building materials, any
accumulation of newspaper 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.Â
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.Â
Front, side, and rear yards, including landscaping, shall be maintained
in accordance with the applicable code(s) at the time registration
was required.
D.Â
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.Â
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.Â
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.Â
Failure of the mortgagee (lender) 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 the
applicable code of the Borough. Pursuant to a finding and determination
by either the Borough's Code Enforcement Officer, Magisterial
District Judge, or a court of competent jurisdiction, the Borough
may take the necessary action to ensure compliance with this section.
H.Â
In addition to the above, the property is required to be maintained
in accordance with the Borough's Property Maintenance Code, Building
Code, Fire Code, and other applicable code(s) of the Borough.
A.Â
Properties subject to these sections shall be maintained in a secure
manner so as not to be accessible to unauthorized persons.
B.Â
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.Â
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, owner, trustee, or legal entity 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 Borough.
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 offer for sale or transfer
of title to the property, the owner shall be responsible to apply
to the Borough's Department of Code Enforcement for an occupancy
permit.
A.Â
If the Enforcement Officer has reason to believe that a property
subject to the provisions of this chapter 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 Magisterial
District Judge as soon as possible to address the conditions of the
property.
B.Â
The Code Enforcement Officer or Magisterial District Judge 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.Â
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
Borough may abate the violations and charge the mortgagee with the
cost of the abatement.
D.Â
If the mortgagee, owner, trustee or legal entity does not reimburse
the Borough for the cost of temporarily securing the property, or
of any abatement directed by the Code Enforcement Officer or Magisterial
District Judge, within 30 days of the Borough sending the mortgagee
the invoice, then the Borough may lien the property with such cost,
along with an administrative fee as determined in the Borough's
fee ordinance 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 Borough
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 chapter.
A.Â
A nonrefundable registration fee in the amount of $300 per property
shall accompany the registration.
B.Â
If a property is not registered, or the registration fee is not paid
within 30 days of when the registration or renewal is required pursuant
to this section, a late fee equivalent to 10% of the semiannual registration
fee shall be charged for every thirty-day period, or portion thereof,
the property is not registered and shall be due and payable with the
registration.
C.Â
Any person who shall violate the provisions of this chapter may be
cited and fined. Failure to register abandoned or vacant real property
on an annual basis and/or any violation of the sections stated within
this chapter shall result in a fine of $500. A separate offense shall
be deemed committed each day during or on which such noncompliance
or violation shall continue.
Registration, late fees and penalty fees outlined in this chapter
may be modified by resolution, passed and adopted by the Council of
the Borough of Baldwin.
It is hereby declared to be the intention of the Council of
the Borough of Baldwin that several provisions of this chapter are
separable. If any court of competent jurisdiction shall declare any
words, sentences, sections or provisions of this chapter to be invalid,
such a ruling shall not affect any other words, sentences, sections
or provisions of this chapter not specifically included in said ruling.
All ordinances, or parts of ordinances, in conflict with the
provisions of this chapter are hereby repealed.
This chapter shall be in full force and effect from the date
of its adoption by the Baldwin Borough Council and upon publication
provided by law.
