Borough of Norristown, PA Abandoned Real Property

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 Municipality Code; or

FORECLOSURE or FORECLOSURE ACTION

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.

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.

§ 239-8 Establishment of registry.

Cataloging. Pursuant to the provisions of § 239-6A, the Municipality or designee shall establish a registry cataloging each abandoned property within the Municipality, containing the information required by this article.

Registration of abandoned real property.

[Amended 2-2-2021 by Ord. No. 21-01]

Any mortgagee who holds a mortgage on real property located within the Municipality of Norristown shall perform an inspection of the property to determine vacancy or occupancy, upon default by the mortgagor, as evidence by a foreclosure filing. 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 Municipality, 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.

If the property is occupied but remains in foreclosure, it shall be inspected by the mortgagee or his designee monthly until (1) the mortgagor or other party remedies the foreclosure, or (2) it is found to be vacant or shows evidence of vacancy at which time the mortgagee shall, within 10 days of that inspection, update the property registration to a vacancy status on forms provided by the Municipality.

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 email 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.

A nonrefundable semi-annual registration fee in the amount of $400 per property, shall accompany the registration form or website registration.

(5)

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 $400 semi-annual registration fee. Properties registered less than 12 months prior to the effective date shall renew the registration every six months from the original registration date and shall pay the $400 semi-annual registration fee.

(6)

If the foreclosure 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 semi-annual 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.

(7)

If the foreclosure mortgage and/or servicing on a property is sold or transferred, the new mortgagee is subject to all the terms of this article. 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 defaulted property.

(8)

This article and the registration requirements contained herein 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.

(9)

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.

(10)

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.

(11)

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 article is a violation of the article and shall be subject to enforcement.

(12)

Pursuant to any administrative or judicial finding and determination that any property is in violation of this article, the Municipality 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.

§ 239-9 Required property upkeep.

Maintenance requirements.

Properties subject to this article 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.

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.

Front, side, and rear yards, including landscaping, shall be maintained in accordance with the applicable code(s) at the time registration was required.

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.

(5)

Maintenance shall include, but not be limited to, watering, irrigation, cutting and mowing of required ground cover or landscape and removal of all trimmings.

(6)

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).

(7)

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 Chapter 239 of the Municipality of Norristown's Code of Ordinances. Pursuant to a finding and determination by the Municipality's Code Enforcement Officer, Hearing Officer/Special Magistrate or a court of competent jurisdiction, the Municipality may take the necessary action to ensure compliance with this section.

(8)

In addition to the above, the property is required to be maintained in accordance with the applicable code(s).

Security requirements.

Properties subject to these sections shall be maintained in a secure manner so as not to be accessible to unauthorized persons.

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.

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 article, and any other applicable laws.

Public nuisance. 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 Municipality.

§ 239-10 Violations and penalties; Schedule of Civil Penalties.

[Amended 2-2-2021 by Ord. No. 21-01]

Civil penalties. Any person who shall violate the provisions of this article may be cited and fined as provided in Chapter 239 of the Municipality of Norristown's General Laws/Code of Ordinances and Pennsylvania Statutes, Chapter 239. 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 Municipality 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 Municipality Code section(s) shall be examined.

Description of Violation	Civil Penalty
Failure to register abandoned real property on annual basis and/or any violation of the sections stated within	$600

§ 239-11 Inspections for violations.

Responsible party. Adherence to this article 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 Municipality's Code Enforcement Division within 45 days for a final courtesy inspection report.

Additional authority.

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 Municipality's Code Enforcement Office or code enforcement special magistrate as soon as possible to address the conditions of the property.

The Code Enforcement Office or 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 measure 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.

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 Office or special magistrate may direct the Municipality to abate the violations and charge the mortgagee with the cost of the abatement.