Specific definitions. The following words, terms and phrases shall
have the following meanings:
ABANDONED REAL PROPERTY
Any real property located in the Municipality, whether vacant
or occupied, that either: (1) has a lis pendens filed against it by
the lender holding a mortgage on the property, (2) is subject to an
ongoing foreclosure action by the lender, or (3) 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, or the foreclosure
action has been dismissed.
ACCESSIBLE PROPERTY/STRUCTURE
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.
APPLICABLE CODES
Such federal, state and local laws, regulations and codes
to include, but not be limited to, the Municipality's Zoning
Code, the Municipality's General Laws of Norristown ("Municipality
Code"), and the Norristown Property Maintenance Code.
BLIGHTED PROPERTY
(1)
Properties that have broken or severely damaged windows, doors,
walls, or roofs which create hazardous conditions and encourage trespassing;
or
(2)
Properties whose maintenance is not in conformance with the
maintenance of other neighboring properties causing a decrease in
value of the neighboring properties: or
(3)
Properties cited for a public nuisance pursuant to the Municipality
Code; or
(4)
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 lacks
maintenance as required by the Municipality and Zoning Codes.
DEFAULT
When a mortgagor is not in compliance with or has not complied
with the terms of the mortgage on the property, or the promissory
note, or other evidence of the debt, referred to in the mortgage.
ENFORCEMENT OFFICER
Any law enforcement officer, building official, zoning inspector,
housing inspector, code enforcement officer, code compliance inspector,
fire inspector or building inspector, or other person authorized by
the Municipality to enforce the applicable code(s).
EVIDENCE OF VACANCY
Any condition that, on its own or combined with other conditions
present, would lead a reasonable person to believe that the property
is vacant. Such conditions may include, but are not limited to: overgrown
and/or dead vegetation; past due utility notices and/or disconnected
utilities; accumulation of trash junk or debris; abandoned vehicles,
auto parts and/or materials; the absence of furnishings and/or personal
items consistent with habitation or occupancy; the presence of an
unsanitary, stagnant swimming pool; the accumulation of newspapers,
circulars, flyers and/or mail; statements by neighbors, passersby,
delivery agents or government agents; and/or the presence of boards
over doors, windows or other openings in violation of applicable code.
FORECLOSURE or FORECLOSURE ACTION
The legal process by which a mortgagee, or other lien holder,
terminates or attempts to terminate a property owner's equitable
right of redemption to obtain legal and equitable title to the real
property pledged as security for a debt or the real property subject
to the lien. The legal process is not concluded until the property
obtained by the mortgagee, lien holder, or their designee, by certificate
of title, or any other means, is sold to a nonrelated bona fide purchaser
in an arm's length transaction to satisfy the debt or lien.
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.
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.
REAL PROPERTY
Any residential or commercial land and/or buildings, leasehold
improvements and anything affixed to the land, or portion thereof
identified by a property parcel identification number, located in
the boundaries of the Municipality of Norristown.
SEMI-ANNUAL REGISTRATION
Six months from the date of the first action that requires
registration, as determined by the Municipality or its designee, and
every subsequent six months. The date of the initial registration
may be different than the date of the first action that required registration.
UTILITIES AND SERVICES
Any utility and/or service that is essential for a building
to be habitable and/or perform a service necessary to comply with
all Municipal codes. This includes, but is not limited to, electrical,
gas, water, sewer, lawn maintenance, pool maintenance, and snow removal.
VACANT
Any parcel of land in the Municipality that contains any
building or structure that is not legally occupied.