This article may be cited as the "Neighborhood Blight Reclamation and Revitalization Ordinance" or the "Blight Ordinance."
[HISTORY: Adopted by the Board of Supervisors of the Township of Lower Makefield as indicated in article histories. Amendments noted where applicable.]
[Adopted 12-5-2018 by Ord. No. 416]
This purpose and intent of this article is to implement in Lower Makefield Township the provisions of the Act of October 27, 2010 (P.L. 875, No. 90), 53 Pa.C.S.A. § 6101 et seq. known as the "Neighborhood Blight Reclamation and Revitalization Act." There are deteriorated properties located in Lower Makefield Township as a result of neglect by their owners in violation of applicable state and municipal codes; and these deteriorated properties create public nuisances which have an impact on crime and the quality of life of our residents and require significant expenditures of public funds in order to abate and correct the nuisances; and in order to address these situations, it is appropriate to deny certain governmental permits and approvals in order:
A.
To prohibit property owners from further extending their financial commitments so as to render themselves unable to abate or correct the code, statutory and regulatory violations or tax delinquencies.
B.
To reduce the likelihood that this municipal and other municipalities will have to address the owners' neglect and resulting deteriorated properties.
C.
To sanction the owners for not adhering to their legal obligations to the Township of Lower Makefield, as well as to tenants, adjoining property owners and neighborhoods.
The following words and phrases when used in this article shall have the meanings given to them in this section unless the context clearly indicates otherwise:
The Act of October 27, 2010 (P.L. 875, No. 90), 53 Pa.C.S.A. Ch. 61, known as the "Neighborhood Blight Reclamation and Revitalization Act."
Any of the following:
Premises which, because of physical condition or use, have been declared by a court of competent jurisdiction as a public nuisance at common law or have been declared a public nuisance in accordance with the local housing, building, plumbing, fire and related codes and ordinances; or
Premises which, because of physical condition, use or occupancy, are considered an attractive nuisance to children, including, but not limited to, abandoned wells, shafts, basements, excavations and unsafe fences or structures; or
A dwelling which, because it is dilapidated, unsanitary, unsafe, vermin-infested or lacking in the facilities and equipment required the Township Code of Ordinances, has been designated by the Township as unfit for human habitation; or
A structure which is a fire hazard or is otherwise dangerous to the safety of persons or property; or
A structure from which the utilities, plumbing, heating, water, sewage or other facilities have been disconnected, destroyed, removed or rendered ineffective so that the property is unfit for its intended use;
A vacant or unimproved lot or parcel of ground in a predominantly built-up neighborhood which, by reason of neglect or lack of maintenance, has become a place for accumulation of trash and debris or a haven for rodents or other vermin; or
An unoccupied property which has been tax delinquent for a period of two years; or
A property which is vacant but not tax delinquent and which has not been rehabilitated within one year of the receipt of notice to rehabilitate from the Township or other appropriate code enforcement agency.
A residential, commercial or industrial building or structure and the land appurtenant to it.
A building, housing, property maintenance, fire, health or other public safety ordinance enacted by the Township. The term does not include a subdivision and land development ordinance or a zoning ordinance enacted by the Township or any other municipality.
The Court of Common Pleas of Bucks County.
A business association defined as a "banking institution" or "mortgage lender" under 7 Pa.C.S.A. Ch. 61 (relating to mortgage loan industry licensing and consumer protection) that is in possession of or holds title to real property pursuant to, in enforcement of or to protect rights arising under a mortgage, mortgage note, deed of trust or other transaction that created a security interest in the real property.
Privileges relating to real property granted by the Township of Lower Makefield that are building permits issued pursuant to the Code of Ordinances of the Township of Lower Makefield, and zoning permits, special exceptions, conditional uses and variances granted under Chapter 200, Zoning. The term does not include decisions on the substantive validity of a zoning ordinance or map such a validity variance or the acceptance of a curative amendment nor does it include a use and occupancy permit or certificate.
A holder of the title to residential, commercial or industrial real estate, other than a mortgage lender, who possesses and controls the real estate. The term includes, but is not limited to, heirs, assigns, beneficiaries and lessees, provided this ownership interest is a matter of public record, including lessees under leases for which a memorandum of lease is recorded in accordance with the Act of June 2, 1959 (P.L. 254 (vol. 1), No. 86), 21 P.S. § 405.
Property which, because of its physical condition or use, is regarded as a public nuisance at common law or has been declared by the Township as a public nuisance in accordance with the Property Maintenance Code adopted in Chapter 153, Building Construction Code, Green adopted in Chapter 88, Uniform Construction Code adopted in Chapter 97, any other applicable Ordinance of Lower Makefield Township, or by the Court.
A plan for the correction of violations of state law or code that is part of an agreement between the owner and the Township or any other municipality in which the real property containing the violations is located.
A violation of a state law or a code that poses an imminent threat to the health and safety of a dwelling occupant, occupants in surrounding structures or a passerby.
A statute of the commonwealth or a regulation of an agency charged with the administration and enforcement of commonwealth law.
An affirmative action as determined by a property codes official or officer of the court on the part of a property owner or managing agent to remedy a serious violation of a state law or municipal code, including, but not limited to, physical improvements or repairs to the property, which affirmative action is subject to appeal in accordance with applicable law.
Tax delinquent real property as defined under:
The Act of July 7, 1947 (P.L. 1368, No. 542), known as the Real Estate Tax Sale Law[1]; or
The Act of May 16, 1923 (P.L. 207, No. 153), referred to as the Municipal Claim and Tax Lien Act[2]; or
The Act of October 11, 1984 (P.L. 876, No. 171) known as the Second Class City Treasurer's Sale and Collection Act[3]; located in the Township or any other municipality in this commonwealth; or
Any successor law to any of the above statutes.
The Township of Lower Makefield, also known as Lower Makefield Township, a second class township organized and operating pursuant to the Act of May 1, 1933, P.L. 103, No. 69, also known as the "Second Class Township Code," 53 P.S. § 65101, et seq.
A.
Actions. In addition to any other remedy available at law or in equity, the Township may institute the following actions against the owner of any real property that is in serious violation of a code or for failure to correct a condition which causes the property to be regarded as a public nuisance:
(1)
A proceeding in law.
(a)
An in personam action may be initiated for a continuing violation for which the owner takes no substantial step to correct within six months following receipt of an order to correct the violation, unless the order is subject to a pending appeal before the administrative agency or court; and/or
(b)
As authorized by the Act, the Township reserves the right to recover in a single action under this section an amount equal to any penalties imposed against the owner and any costs of remediation lawfully incurred by or on behalf of the Township to remedy any code violation.
(2)
A proceeding in equity.
B.
Asset attachment.
(1)
General rule. A lien may be placed against the assets of an owner of real property that is in serious violation of a code or is regarded as a public nuisance after a judgment, decree or order is entered by a court of competent jurisdiction against the owner of the property for an adjudication under Subsection A (relating to actions).
(2)
Limitations under the Act. In proceedings under the Act, except as otherwise allowed by law, where the owner is an association or trust no lien shall be imposed upon the individual assets of any limited partner, shareholder, member or beneficiary of the owner.
C.
Reservation of rights and remedies under law other than the Act. The Township reserves all rights and remedies existing under statutes other than the Act, its ordinances implementing them, and applicable case law to obtain recovery for the costs of preventing and abatement of code violations and public nuisances to the fullest extent allowed by law from mortgage lenders; trustees, and members of liability companies, limited partners who provide property management services to the real property as well as general partners of owners; and officers, agents, and operators that are in control of a property as an owner or otherwise hold them personally responsible for code violations as well as owners themselves. Such owners, mortgage lenders, partners, members of limited liability companies, trustees, officers, agents and operators in control of a real property with code violations shall be subject to all actions at law and in equity to the full extent authorized by such statutes, ordinances and applicable case law. Such action may be joined in one lawsuit against responsible parties with an action brought under the Act.
[Added 8-17-2022 by Ord. No. 432]
A.
Procedures after damage to a property. Where a building has been damaged by fire, explosion, collapse or other act of God so as to be incapable of being occupied or used, the owner of such building shall, within 72 hours after such damage and/or occurrence, secure and seal the building against access by unauthorized persons and shall clear the site of debris incident to the occurrence.
B.
Notification of intent. Within two weeks after the damage and/or occurrence, the owner or his agent shall, in writing, notify the Township Building Code Official (BCO) of his or her intent to pursue one of the following courses of action relative to the remediation of the damaged building:
C.
Demolition of building and site clearance. In the event the owner elects to demolish the building without any further building as listed above, the owner, within 60 days of the damage or occurrence, shall submit and secure a demolition permit from the Township. The building shall be demolished and the site shall be cleared of all debris within 30 days of the issuance of said permit, unless extended by written approval of the Township. Site clearance shall include the removal of all debris from the foundation and backfilling with clean inorganic fill.
D.
Demolition and rebuilding of structure. In the event that the owner elects to demolish the building and rebuild pursuant to Subsection B(2) or (3) listed above, the owner, within 90 days of the damage or occurrence, shall submit and file building plans with the Township and shall apply for, and secure, a demolition permit and a building permit for the structure. The building shall be demolished and the site cleared of all debris within 30 days of the issuance of the building permit.
E.
Repair of building. In the event that the owner elects to repair the building pursuant to Subsection B(4) above, the owner shall apply for a building permit, and shall submit any and all required building plans, within 90 days of the occurrence, and shall clear the site and begin construction within 30 days of the issuance of the building permit.
F.
Review by Building Official. On receipt of a written notification of the owner's intent to demolish and rebuild the damaged structure as required above, the Township Building Code Official (BCO) shall, within but not later than 30 days upon notification, review the permit applications and plans, as required, to determine if the permit can be issued, or whether zoning relief is required for any proposed construction, reconstruction or repair. If zoning relief is required as determined by the Township Building Code Official (BCO), the owner shall submit and apply for zoning relief, by submission of the required application and other necessary documents, within 30 days of notice from the Township Building Code Official (BCO) of the need for zoning relief. In the interim, during the pendency of the zoning application, the property owner shall shall secure a demolition permit, if required, at the time of said application. Demolition shall be commenced on issuance of the demolition permit and the site shall be cleared of all debris within 30 days.
G.
Action against owner for failure to comply as determined by Board of Supervisors; cost to become a lien.
(1)
Where the owner shall not have notified the Building Code Official (BCO) as required by this section, or where said owner shall not have taken action to secure necessary permits and undertaken demolition or repair pursuant to the appropriate section or sections of this section, the BCO shall notify the Board of Supervisors of the owner's failure to comply with this chapter. Upon receipt of the notice by the BCO, the Board of Supervisors shall review the matter, including the reports of the BCO and the appropriate fire safety official, at a public hearing to be scheduled within but not later than 30 days of notice to the Board. The owner shall be notified of the hearing to be scheduled by the Board, and shall be afforded the opportunity to attend and be heard at the hearing. If the owner fails to appear at the scheduled hearing, the Board shall proceed to review and make a finding as to whether a safety hazard of the building exists, and, in the event of such finding, the Board shall notify the property owner, in writing, of the Board's decision.
(2)
After the Board's decision and in the event that the property owner shall not have taken the required action(s) to secure permits pursuant to this chapter within two weeks of notification of the Board's finding of safety hazard, the Township, without further notice to the owner, shall demolish the building or take such other action as may be necessary to secure compliance with this chapter, and any and all costs incurred by the Township for the demolition, including interest charges and other assignable costs, such as legal and administrative costs, shall be paid by the owner and secured by special assessment and levy against the real property upon which the violation occurred, and the expense so assessed shall constitute a lien and charge on the real property on which it is levied until paid or otherwise discharged and shall be collected in the same manner and at the same time as other Township charges.
H.
Reservation of rights and remedies under law other than the Act. The Township reserves all rights and remedies existing under statutes other than the Act, its ordinances implementing them, and applicable case law to obtain recovery for the costs of preventing and abatement of code violations and public nuisances to the fullest extent allowed by law from mortgage lenders; trustees, and members of liability companies, limited partners who provide property management services to the real property as well as general partners of owners; and officers, agents, and operators that are in control of a property as an owner or otherwise hold them personally responsible for code violations as well as owners themselves. Such owners, mortgage lenders, partners, members of limited-liability companies, trustees, officers, agents and operators in control of a real property with code violations shall be subject to all actions at law and in equity to the full extent authorized by such statutes, ordinances and applicable case law. Such action may be joined in one lawsuit against responsible parties with an action brought under the Act.
A.
Permit application form.
(1)
In addition to the requirements set forth in the governing ordinance, regulations or rules for the specific municipal permit being applied for under the ordinances referenced in the definition of "municipal permit" in § 152-3, all applications for a municipal permit shall include:
(a)
If the owner is an individual, the home address of the owner.
(b)
If the owner is an entity, its registered office and principal place of business, type of entity, in what state it was formed, and whether the entity has qualified to do business as a foreign entity in Pennsylvania by filing with the Corporation Bureau of the Pennsylvania Department of State under Title 15 of the Pennsylvania Consolidated Statutes.
[1]
The home address of at least one responsible officer, member, trustee, or partner shall be also be included.
(c)
The applications shall also include a provision requiring the owner to disclose real properties owned by the owner both inside of the Township as well as in all other municipalities of the commonwealth:
[1]
In which there is a serious violation of state law or a code and the owner has taken no substantial steps to correct the violation within six months following notification of the violation; and
[2]
For which fines or other penalties or a judgment to abate or correct were imposed by a magisterial district judge or municipal court, or a judgment at law or in equity was imposed by a court of common pleas; and
[3]
Real property owned in the commonwealth by the owner for which there is a final and unappealable tax, water, sewer or refuse collection delinquency on account of the actions of the owner. This provision shall require the owner to disclose the street address, tax parcel number, municipality, and county of each such real property. The provision shall require the disclosure be under penalty as provided in 18 Pa.C.S.A. § 4904(a) for an unsworn falsification to a government officer or employee (public servant) performing official functions.
B.
Municipal permit denials and appeals.
(1)
Permit denial.
(a)
The Township, under Subsection B(1)(f), shall deny issuing to an applicant a municipal permit if the applicant owns real property in any municipality for which there exists on the real property:
[1]
A final and unappealable tax, water, sewer or refuse collection delinquency on account of the actions of the owner; or
[2]
A serious violation of state law or a code where the owner has taken no substantial steps to correct the violation within six months following notification of the violation and for which fines or other penalties or a judgment to abate or correct were imposed by a magisterial district judge or municipal court, or a judgment at law or in equity was imposed by a court of common pleas. However, no denial shall be permitted on the basis of a property for which the judgment, order or decree is subject to a stay or supersedeas by an order of a court of competent jurisdiction or automatically allowed by statute or rule of court until the stay or supersedeas is lifted by the court or a higher court or the stay or supersedeas expires as otherwise provided by law. Where a stay or supersedeas is in effect, the property owner shall so advise the municipality seeking to deny a municipal permit.
(b)
The Township shall not deny a municipal permit to an applicant if the municipal permit is necessary to correct a violation of state law or a code, provided all other conditions for the issuance of a municipal permit have been met.
(c)
The municipal permit denial shall not apply to an applicant's delinquency on taxes, water, sewer or refuse collection charges that are under appeal or otherwise contested through a court or administrative process.
(d)
In issuing a denial of a municipal permit based on an applicant's delinquency in real property taxes or municipal charges or for failure to abate a serious violation of state law or a code on real property that the applicant owns in this commonwealth, the Township shall issue the denial in writing and indicate the street address, municipal corporation and county in which the property is located and the court and docket number for each parcel cited as a basis for the denial. The denial shall also state that the applicant may request a letter of compliance from the appropriate state agency, municipality or school district, in a form specified by such entity as provided in the Act. The denial shall be delivered by United States certified, registered, or express mail, return receipt requested (and such receipt is obtained or delivery refused); personal service in manner provided by the Pennsylvania Rules of Court for Civil Procedure for original process; hand delivery by a member of the codes enforcement staff; or a private delivery service that provides for a receipt (and such receipt is obtained or delivery refused).
(e)
The information on the real property forming the basis for a municipal permit denial may be obtained by any official, or other employee or agent of the Township from the information disclosed by the owner in accordance with Subsection A or any other reliable information obtained through a search of records using governmental systems online or through direct contact with the office maintaining the systems such as the court docket systems maintained by the Administrative Office of the Pennsylvania Courts, county/city department of records, offices of the recorder of deeds, municipal and county tax collectors and treasurers, county tax claim bureaus, prothonotary and clerk of court, private online fee-based search services, and free searches on the Internet. Prior to making a determination on whether to deny a municipal permit, the Township using the services of the Township Manager, including his or her designee(s), Director of Planning and Zoning, or his or her designees, the Code Enforcement or other municipal staff or contracted service provider may conduct a search using the sources described in this Subsection B(1)(e).
(f)
Zoning Hearing Board.
[1]
Municipal permits may be denied by a board in accordance with the requirements of this section to the extent that approval of the municipal permit is within the jurisdiction of the board. For purposes of this section, "Board" shall mean the Lower Makefield Township Zoning Hearing Board granted jurisdiction to render decisions in accordance with the Act of July 31, 1968 (P.L. 805, No. 247), known as the "Pennsylvania Municipalities Planning Code," 53 P.S. § 10101 et seq., or successor statute.
[2]
In any proceeding before a board other than the Board of Supervisors, the Township may appear to present evidence that the applicant is subject to a denial by the board in accordance with this section.
(2)
Applicability of other laws. A denial of a municipal permit shall be subject to the provisions of 2 Pa.C.S.A. Ch. 5 Subch. B (relating to practice and procedure of local agencies) and 7 Subch. B (relating to judicial review of local agency action) or the Pennsylvania Municipalities Planning Code,[1] for denials subject to the Act.
(a)
The Township shall review the permit applicant disclosure form and the searches, if any, in accordance with Subsection B(1)(e) prior to any plan or construction reviews or inspections to determine if such a review or inspection is unnecessary due to a municipal permit being denied under this Subsection B.
(b)
Right of appeal. The owner shall have a right to appeal the denial of a municipal permit in accordance with the applicable law governing such municipal permit. In the case of a denial by the Township, the appeal shall be made within 30 days of the denial to the Board of Appeals established under the Uniform Construction Code unless the owner has submitted to the Board of Appeals proof before the expiration of the 30 days that the owner is seeking proof of compliance under Subsection B(3), in which case the municipal permit and the denial shall be held in abeyance until the forty-five-day-period for obtaining proof of compliance under Subsection B(3) has expired. In case of a denial by the Lower Makefield Zoning Hearing Board the appeal shall be to the court of common pleas.
[1]
With respect to a denial under the grounds authorized by the Act, the denial may only be reversed for the following reasons:
[b]
Evidence of substantial steps taken to remedy a serious violation set forth on the denial confirmed by an order of the Court or the Township.
[c]
Evidence of an approved remedial plan to address a serious violation set forth on the denial.
[d]
Evidence of a timely appeal or administrative contest of a tax, water sewer, or refuse collection delinquency.
[e]
A failure of a state agency, school district or municipality to issue a proof of compliance within 45 days of a request.
[f]
A failure of a state agency or municipality to provide the relief required under Section 6144 of the Act, or its successor section or statute, to an heir or devisee.
[g]
Any other verifiable evidence that establishes by a preponderance of the evidence that a serious violation or collection delinquency of tax, water, sewer, or refuse accounts does not exist.
[2]
With respect to denials for reasons other than those authorized by the Act, the provisions of the Uniform Construction Code or applicable zoning law shall govern. The owner shall be informed of the right, time and place to make an appeal.
(3)
Proof of compliance.
(a)
All municipal permits denied in accordance with this subsection shall be withheld until an applicant obtains a letter from the appropriate state agency, municipality or school district indicating the following:
[1]
The property in question has no final and unappealable tax, water, sewer or refuse delinquencies; or
[2]
The property in question is now in state law and code compliance; or
[3]
The owner of the property has presented and the appropriate state agency or municipality has accepted a plan to begin remediation of a serious violation of state law or a code. Acceptance of the plan may be contingent on:
[a]
Beginning the remediation plan within no fewer than 30 days following acceptance of the plan or sooner, if mutually agreeable to both the property owner and the municipality.
[b]
Completing the remediation plan within no fewer than 90 days following commencement of the plan or sooner, if mutually agreeable to both the property owner and the municipality.
(b)
In the event that the appropriate state agency, municipality or school district fails to issue a letter indicating tax, water, sewer, refuse, state law or code compliance or noncompliance, as the case may be, within 45 days of the request, the property in question shall be deemed to be in compliance for the purpose of this section, provided a copy of the request has been delivered to the municipality where the municipal permit has been applied for in accordance with Subsection B(3)(d). The appropriate state agency, municipality or school district shall specify the form in which the request for a compliance letter shall be made.
(c)
Letters required under this section shall be verified by the appropriate municipal officials before issuing to the applicant a municipal permit.
(d)
An owner seeking to obtain a proof of compliance in order to obtain a municipal permit that would otherwise be denied shall submit a copy of the owner's request for proof of compliance within five days of the date that request is sent to the appropriate state agency, municipality or school district, to the municipality from which a municipal permit is sought or submit the copy of the request with the application for the municipal permit if such application is made at a later date.
A.
Conflict with other law. In the event of a conflict between the requirements of this article and federal requirements applicable to demolition, disposition or redevelopment of buildings, structures or land owned by or held in trust for the Government of the United States and regulated pursuant to the United States Housing Act of 1937 (50 Stat. 888, 42 U.S.C. § 1437 et seq.), or successor statute, and the regulations promulgated thereunder, the federal requirements shall prevail.
B.
Relief for inherited property. Where property is inherited by will or intestacy, the devisee or heir shall be given the opportunity to make payments on reasonable terms to correct code violations or to enter into a remediation plan in accordance with Section 6131(b)(1)(iii) of the Act, or its successor statute, and § 152-5B(3)(a)[3] (relating to municipal permit denial) with Lower Makefield Township to avoid subjecting the devisee's or heir's other properties to asset attachment or denial of permits and approvals on other properties owned by the devisee or heir.
C.
Exemptions. This article shall not apply to any building, structure, or property owned by the United States, the commonwealth, the Township, nor any of their respective agencies or political subdivisions.
All ordinances or parts of ordinances in conflict herewith be and are hereby repealed, except any ordinance or parts of ordinances that authorize greater remedies than this article are preserved.
The provisions of this article are severable. If any section, clause, sentence part or provision thereof shall be held illegal, invalid, or unconstitutional by a court of competent jurisdiction, such decision of the court shall not affect or impair any of the remaining sections, clauses, sentences, parts or provisions of this article. It is hereby declared to be the intent of the Township Supervisors that this article would have been adopted if such illegal, invalid or unconstitutional section, clause, sentence or part of a provision had not been included herein.
[Adopted 3-20-2024 by Ord. No. 446[1]]
[1]
Editor's Note: This ordinance also repealed former Art. II, Registration of Vacant Properties, adopted 12-5-2018 by Ord. No. 416
This article may be cited as "Registration of Foreclosure Mortgages and Vacant Property" or "Vacant Properties Ordinance."
It is the purpose and intent of the Township to establish a process to address the deterioration, crime, and decline in value of Township neighborhoods caused by property with foreclosing or foreclosed mortgages located within the Township, and to identify, regulate, limit and reduce the number of these properties located within the Township. It has been determined that owner-occupied structures are generally better maintained when compared to vacant structures, even with a diligent off-site property owner. Vacant structures or structures owned by individuals who are economically strained and unable to meet their mortgage obligations are often not properly or diligently maintained, which contribute to blight, declined property values, and have a negative impact on social perception of the residential areas where they are located. It is the Township's further intent to establish a registration program as a mechanism to help protect neighborhoods from becoming blighted through the lack of adequate maintenance of properties that are in foreclosure or foreclosed, and to provide a mechanism to avert foreclosure actions through timely intervention, education, or counseling of property owners.
The following words, terms, and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning.
Shall mean that the mortgagor 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 or deed of trust.
Shall mean any law enforcement officer, building official, zoning inspector, code enforcement officer, fire inspector, building inspector, or other person authorized by the to enforce the applicable code(s).
Shall mean 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, passers-by, delivery agents or government agents; and/or the presence of boards over doors, windows or other openings in violation of applicable code.
Shall mean the process by which a property, placed as security for a real estate loan, is sold at public sale to satisfy the debt if the borrower defaults. A foreclosure or foreclosure action is deemed commenced upon a mortgagee's filing of a notice of lis pendens or similar evidence of default.
Shall mean 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.
Shall mean every person, entity, or mortgagee, who alone or severally with others, has legal or equitable title to any real property as defined by this article; has legal care, charge, or control of any such property; is in possession or control of any such property; and/or is vested with possession or control of any such property. The property manager shall not be considered the owner.
Shall mean any party or entity designated by the owner or mortgagee as responsible for inspecting, maintaining and securing the property as required in this article.
Shall mean 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 Township limits.
Shall mean:
Any real property located in the Township, whether vacant or occupied, that is i) subject of a foreclosure action; ii) has been the subject of a foreclosure action and a judgment has been entered but the property has not yet been sold; iii) has been the subject of a foreclosure sale and title was transferred to the mortgagee or an affiliate entity of the mortgagee; or iv) transferred to the mortgagee or an affiliated entity of the mortgagee under a deed in lieu of foreclosure or foreclosure sale. The designation of a real property as a registrable property pursuant to this subsection shall remain in place until such time as the property is sold to a non-related bona fide purchaser in an arm's length transaction or the foreclosure action has been dismissed; or
Any property that is vacant for more than 30 days or any cancellation of utility or service, whichever occurs first.
Shall mean a web-based electronic database of searchable real property records, used by the Township to allow mortgagees and owners the opportunity to register properties and pay applicable fees as required in this article.
Shall mean six months from the date of the first action that requires registration, as determined by the Township, 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.
Shall mean any utility and/or service that is essential for a building to be habitable and/or perform a service necessary to comply with all Township codes. This includes, but is not limited to, electrical, gas, water, sewer, trash service, lawn maintenance, and pool maintenance.
Shall mean any parcel of land in the Township that contains any building or structure to be used as a residence or for commercial or industrial purposes that is not lawfully occupied or used for its accustomed and ordinary purpose, as evidenced by conditions set forth in the definition of "evidence of vacancy." In the case of the use of residential property, "used for its accustomed and ordinary purpose" means as a place of abode.
This article applies to all real property within the Township.
A.
Any mortgagee who holds a mortgage on real property located within the Township shall perform an inspection of the property upon default by the mortgagor as evidenced by the filing of a foreclosure action, lis pendens, or notice of trustee's sale. Inspection means a careful examination of the property to determine occupancy and if it is in compliance with all applicable building, maintenance, and housing codes.
B.
Property inspected pursuant to Subsection A above that remains in foreclosure shall be inspected every 30 days by the mortgagee or mortgagee's designee. If an inspection shows a change in the property's occupancy status, the mortgagee shall, within 10 days of that inspection, update the occupancy status of the property registration with the Township.
C.
Within 10 days of the date any mortgagee institutes a foreclosure action, the mortgagee shall register the real property with the Township Registry, and, at the time of registration, indicate whether the property is vacant, and if so shall designate in writing a property manager to inspect, maintain, and secure the real property subject to the mortgage under a foreclosure action. Separate registration is required for each property under a foreclosure action, regardless of whether it is occupied or vacant.
(1)
Mortgagees who have existing registrable property on the effective date of this article have 30 calendar days from the effective date to register the property as indicated in this section. Separate registration is required for each property, whether it is vacant or occupied.
D.
Registration pursuant to this section shall contain the name of the mortgagee and the mortgage servicer, the direct mailing address of both parties, a direct contact name and telephone number for both parties, an e-mail address for both parties, the folio or tax number, and the name, twenty-four-hour contact telephone number, and email of the property manager responsible for the security and maintenance of the property.
E.
At the time of initial registration each registrant shall pay a nonrefundable semi-annual registration fee in the amount established by resolution of the Board of Supervisors for each property. Subsequent nonrefundable semi-annual renewal registrations of properties and fees in the amount established by resolution of the Board of Supervisors are due within 10 days of the expiration of the previous registration. Said fees shall be used to offset the costs of: 1) registration and registration enforcement; 2) code enforcement and mitigation related to defaulted properties; 3) post-closing counseling and foreclosure intervention limited to owner-occupied persons in default, which may not include cash and mortgage modification assistance; and 4) for any related purposes as may be adopted in the policy set forth in this chapter. Said fees shall be deposited to a special account in the Township's Department dedicated to the cost of implementation and enforcement of this chapter, and fulfilling the purpose and intent of this chapter. None of the funds provided for in this section shall be utilized for the legal defense of foreclosure actions.
F.
If the mortgage and/or servicing on a registrable property is sold or transferred, the new mortgagee/servicer is subject to all the terms of this article. Within 10 days of the transfer, the new mortgagee shall register the property, if not already registered, or update the existing registration. The previous mortgagee(s)/servicer(s) shall be obligated to provide notice of the requirements of this article and chapter to the new mortgagee/servicer and the previous mortgagee(s)/servicer(s) will not be released from the responsibility of paying all previous unpaid fees, fines, and penalties accrued during their involvement with the registrable property.
G.
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, and the previous mortgagee(s)/servicer(s) shall be obligated to provide notice of the requirements of this article and chapter to the transferee. 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.
H.
If the foreclosing or foreclosed 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.
I.
This section shall also apply to properties that have been the subject of a foreclosure sale where title is transferred to the mortgagee as well as any properties transferred to the mortgagee under a deed in lieu of foreclosure or by any other legal means.
J.
Properties subject to this section shall remain subject to the semi-annual registration requirement, and the inspection, security, and maintenance standards of this section as long as the property remains registrable property.
K.
Any person or corporation that has registered a property under this section must report any change of information contained in the registration within 10 days of the change to the Township.
L.
Failure of the mortgagee and/or property owner of record to properly register or to modify the registration to reflect a change of circumstances as required by this article is a violation of this chapter and shall be subject to enforcement by any of the enforcement means available to the Township.
M.
If any property is in violation of this chapter the Township may take the necessary action to ensure compliance with and/or place a lien on the property for the cost of the outstanding obligation and any additional cost incurred to the property into compliance.
N.
Properties registered as a result of this section are not required to be registered again pursuant to the inspection and registration of vacant property section.
A.
Any owner of vacant property, as defined in this chapter, located within the Township shall within 10 days after the property becomes vacant, perform an inspection of the property and register the real property with the Township Registry. Inspection means a careful examination of the property to determine occupancy and if it is in compliance with all applicable building, maintenance, and housing codes.
(1)
Structures that are vacant property at the time of the adoption of this article must register within 15 days of the date this article takes effect.
B.
Property inspected pursuant to Subsection A above that remains vacant shall be inspected every 30 days by the owner or the owner's designee.
(1)
Initial registration pursuant to this section shall contain at a minimum the name of the owner, the mailing address of the owner, e-mail address, and telephone number of the owner, and if applicable, the name and telephone number of the property manager and said person's address, e-mail address, and telephone number.
(2)
For purposes of this chapter, the following shall also be applicable:
(a)
If the owner is a corporation, the registration statement shall provide the names and resident addresses of all officers and directors of the corporation and shall be accompanied by a copy of the most recent relevant filing with the Secretary of State;
(b)
If the owner is an estate, the registration statement shall provide the name and business address of the executor of the estate;
(c)
If the owner is a trust, the registration statement shall provide the name and business address of all trustees, grantors and beneficiaries;
(d)
If the owner is a partnership, the registration statement shall provide the names and residence addresses of all partners with an ownership interest in the property of 10% or greater;
(e)
If the owner is any other form of unincorporated association, the registration statement shall provide the names and residence addresses of all partners with an ownership interest in the property of 10% or greater;
(f)
If the owner is an individual, the registration statement shall provide the name and residence address of that person.
C.
At the time of initial registration each registrant shall pay a nonrefundable semi-annual registration fee in the amount established by resolution of the Board of Supervisors for each vacant property. Subsequent nonrefundable semi-annual renewal registrations of vacant properties and fees in the amount established by resolution of the Board of Supervisors as established in accordance with the Housing Inspection Fee Schedule Resolution) are due within 10 days of the expiration of the previous registration. Said fees shall be used to offset the costs of: 1) registration and registration enforcement; 2) code enforcement and mitigation related to vacant properties; and 3) for any related purposes as may be adopted in the policy set forth in this chapter.
D.
If the property 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, if not already registered, or update the existing registration. 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.
E.
If the vacant property is not registered, or the semi-annual registration fee is not paid within 30 days of when the registration or semi-annual registration is required pursuant to this section, a late fee shall be 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. This section shall apply to the initial registration and registrations required by subsequent owners of the vacant property.
F.
Properties subject to this section shall remain subject to the semi-annual registration requirement, and the inspection, security, and maintenance standards of this section as long as the property is vacant.
G.
Failure of the owner to properly register or to modify the registration to reflect a change of circumstances as required by this article is a violation of this chapter and shall be subject to enforcement by any of the enforcement means available to the Township.
H.
If any property is in violation of this chapter the Township may take the necessary action to ensure compliance with and place a lien on the property for the cost of the outstanding obligation and any additional cost incurred to the property into compliance.
I.
Properties registered as a result of this section are not required to be registered again pursuant to the foreclosure mortgage property section.
A.
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.
Registrable 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. Registrable property shall be secured in an approved manner and in accordance with the most recent edition of the International Property Maintenance Code, which has been adopted by the Township. With the exception of registrable property damaged as a result of fire or other insurable loss, the registrant shall pay an additional fee as established by resolution of the Board of Supervisors for the boarding of doors, window, or other openings.
C.
Front, side, and rear yards, including landscaping, of registrable property shall be maintained in accordance with the applicable code(s) at the time registration is required.
D.
Registrable 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. Acceptable maintenance of yards and/or landscape shall not include weeds, gravel, broken concrete, asphalt or similar material, and shall otherwise be maintained in accordance with all applicable Township codes, ordinances and regulations.
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 of 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), and shall otherwise be maintained in accordance with all applicable Township codes, ordinances and regulations.
G.
Failure of the mortgagee, owner, and transferees to properly maintain the property as required by this chapter 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 Township. Pursuant to a finding and determination by the Township Code Enforcement Officer, District Justice Magistrate or a court of competent jurisdiction, the Township 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 all applicable Township codes, ordinances and regulations of the Township.
A.
Properties subject to this section 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. Properties to this article and chapter shall be secured in an approved manner and in accordance with the most recent edition of the International Property Maintenance Code, which has been adopted by the Township. With the exception of registrable property damaged as a result of fire or other insurable loss, the registrant shall pay an additional fee as established by resolution of the Board of Supervisors for the boarding of doors, window, or other openings.
C.
If a property is registrable, and the property has become vacant or blighted, a property manager shall be designated by the mortgagee and/or owner 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.
(1)
In addition to the above, the property is required to be secured in accordance with the applicable code(s) of the Township and shall be secured in an approved manner and in accordance with the most recent edition of the International Property Maintenance Code, which has been adopted by the Township. With the exception of registrable property damaged as a result of fire or other insurable loss, the registrant shall pay an additional fee as established by resolution of the Board of Supervisors for the boarding of doors, window, or other openings.
D.
When a property subject to this chapter becomes vacant, it shall be posted with the name and twenty-four-hour contact telephone number of the property manager. The property manager shall be available to be contacted by the Township Monday through Friday between 9:00 a.m. and 5:00 p.m., legal holidays excepted. The sign shall be placed in a window facing the street and shall be visible from the street. The posting shall be no less than 18 inches by 24 inches and shall be of a font that is legible from a distance of 45 feet. The posting shall contain the following language with supporting information:
THIS PROPERTY IS MANAGED BY .
AND IS INSPECTED ON A REGULAR BASIS .
THE PROPERTY MANAGER CAN BE CONTACTED .
BY TELEPHONE AT .
OR BY EMAIL AT .
E.
The posting required in subsection (e) above shall be placed on the interior of a window facing the street to the front of the property so that it is visible from the street, or secured to the exterior of the building/structure facing the street to the front of the property so that it is visible from the street or if no such area exists, on a stake of sufficient size to support the posting in a location that is at all times visible from the street to the front of the property but not readily accessible to vandals. Exterior posting shall be constructed of and printed with weather-resistant materials.
F.
Failure of the mortgagee and/or property owner of record to properly inspect and secure a property subject to this chapter, and post and maintain the signage noted in this section, is a violation and shall be subject to enforcement by any of the enforcement means available to the Township. The Township may take the necessary action to ensure compliance with this section, and recover costs and expenses in support thereof.
The provisions of this chapter are cumulative with and in addition to other available remedies. Nothing contained in this chapter shall prohibit the Township from collecting fees, fines, and penalties in any lawful manner; or enforcing its codes by any other means, including, but not limited to, injunction, abatement, or as otherwise provided by law or ordinance.
All registrable property is at risk of being a public nuisance and if vacant or blighted can constitute 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 Township.
A.
If the Township's Code 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 Township's Code Enforcement Officer may temporarily secure the property at the expense of the mortgagee or owner, and may bring the violations before the magistrate or court of competent jurisdiction as soon as possible to address the conditions of the property. Nothing herein shall limit the Township from abating any nuisance or unsafe condition by any other legal means available to it.
B.
The magistrate or a court of competent jurisdiction shall have the authority to require the mortgagee or owner 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 township may take action and abate the violations and charge the mortgagee or owner with the cost of the abatement to be paid by the mortgagee or owner of the property.
D.
If the mortgagee or owner does not reimburse the Township for the cost of temporarily securing the property, or of any abatement directed by the magistrate or other court of competent jurisdiction, within 30 days of the Township sending the mortgagee or owner the invoice, then the Township may lien the property with such cost, along with an administrative fee as determined in accordance with the Township's fee schedule to recover the administrative personnel services. In addition to filing a lien the Township may pursue any other available financial penalties against the mortgagee or owner.
E.
The Township may contract with a third-party entity to implement this chapter, and, if so, any reference to the Township's Code Enforcement Officer herein shall include the entity the Township contract with for that purpose.
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 Township to enforce the sections herein 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.
Unless otherwise provided for in this chapter, a violation of this chapter is declared unlawful. The failure or refusal for any reason of any owner, mortgagee or agent for owner or mortgage, to register any property as otherwise required by this Article, or to otherwise fail to comply with the provisions of this article, shall constitute a summary offense punishable upon conviction by a fine of not less than $200 nor more than $500 for each failure or refusal to register, of for each failure or refusal to pay the required registration fee, as applicable. Each day that a violation of this article continues shall constitute a separate offence. The penalties imposed under this article shall be in addition to the cost of prosecution and reasonable attorney's fees, and also be in addition to the registration fees in the amount established by resolution of the Board of Supervisors.
B.
In addition, the Township may institute suits, in equity or at law, to restrain, prevent or abate a violation of this article. Such proceedings may be initiated before any court of competent jurisdiction. The expense of such proceedings shall be recoverable from the violator in any manner as may now or hereafter be provided by law.
C.
The penalty, collection and lien provisions of this chapter shall be independent, non-mutually exclusive separate remedies, all of which shall be available to the Township as may be deemed appropriate for carrying out the purposes of this chapter. The remedies and procedures provided in this article for violation hereof are not intended to supplant or replace to any degree the remedies and procedures available to the Township in the case of a violation of any other Township Code or ordinance, whether or not such does or ordinance is referenced in this chapter, and whether or not an ongoing violation of such other code or ordinance is cited as the underlying ground for a finding of a violation of this chapter.
Registration fees and penalties outlined in this article may be modified by resolution, administrative order, or an amendment to this article, passed and adopted by the Township.
It is hereby declared to be the intention of the Township that the sections, paragraphs, sentences, clauses, and phrases of this article are severable, and if any phrase, clause, sentence, paragraph, or section of this article shall be declared unconstitutional by the valid judgment or decree of a court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs, and sections of this article.
All ordinances or parts of ordinances in conflict herewith, are hereby repealed and replaced, except any ordinance or parts of ordinances that authorize greater remedies than this article are preserved.