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:
ABANDONED PROPERTY
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.
ACCESSIBLE PROPERTY/STRUCTURE
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.
APPLICABLE CODES
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.
BLIGHTED PROPERTY
A.
Properties that have broken or severely damaged windows, doors,
walls, or roofs which create hazardous conditions and encourage trespassing;
or
B.
Properties whose maintenance is not in conformance with the
maintenance of other neighboring properties causing a decrease in
value of the neighborhood properties; or
C.
Properties cited for a public nuisance pursuant to the applicable
codes; or
D.
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.
ENFORCEMENT OFFICER
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).
MORTGAGEE
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.
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.
PROPERTY MANAGEMENT COMPANY
A local property manager, property maintenance company or
similar entity responsible for the maintenance of abandoned real property.
VACANT
A.
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.
B.
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.
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.
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.
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.