[Ord. No. 498, 5/15/2019]
This Part may be cited as the "Glen Rock Borough Foreclosure Property Registry and Maintenance Ordinance."
[Ord. No. 498, 5/15/2019]
It is the purpose and intent of the Borough to establish a process to address the deterioration and blight of Borough neighborhoods caused by an increasing amount of properties subject to mortgage foreclosure located within the Borough and to identify and regulate foreclosure properties located within the Borough. It is the Borough's further intent to establish a registration program as a mechanism to protect neighborhoods from becoming blighted due to the lack of adequate maintenance and security of foreclosure properties.
[Ord. No. 498, 5/15/2019]
The following words, terms and phrases, when used in this Part, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning.
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.
For the purposes of this Part only, shall include:
Properties that have broken or severely damaged windows, doors, walls, or roofs which create hazardous conditions and encourage trespassing;
Properties whose maintenance is not in conformance with the maintenance of other neighboring properties, causing a decrease in value of the neighboring properties;
Properties deemed a public nuisance by the enforcement officer; or
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 lack maintenance as required by the Codified Ordinances.
All applicable provisions of the Codified Ordinances of Glen Rock, Pennsylvania, as amended from time to time.
Any law enforcement officer, Building Official, Zoning Inspector, Code Enforcement Officer, Fire Inspector or Building Inspector, or other person authorized by the Borough to enforce the Codified Ordinances.
A legal action of mortgage foreclosure filed by a lender in a court of competent jurisdiction.
Any real property located in the Borough, whether vacant or occupied, that is subject to a mortgage foreclosure action filed by a lender in a court of competent jurisdiction or where title to the property has been transferred to a lender under a deed in lieu of foreclosure or other such conveyance of title to a lender. The designation as a "foreclosure property" shall remain in place until such time as the property is sold or transferred to a new owner, other than a lender, or when the foreclosure action has been withdrawn or concluded in favor of the mortgagor as evidenced by court records.
Any person, bank, trust company, credit union, trust, or any other legal entity or other party that holds a mortgage or security interest against any real property located within Glen Rock Borough.
A legal action of mortgage foreclosure filed by a lender in a court of competent jurisdiction.
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 a foreclosure property.
Any building or structure that is not legally occupied.
[Ord. No. 498, 5/15/2019]
These sections shall be considered cumulative and not superseding or subject to any other law or provision for same, but rather shall be an additional remedy available to the Borough above and beyond any other state, county or local provisions for same.
[Ord. No. 498, 5/15/2019]
The Borough or its designee shall establish a registry cataloging each foreclosure property within the Borough, containing the information required by this Part.
[Ord. No. 498, 5/15/2019]
1.
Any lender who holds a mortgage or other security interest on real property located within the Borough shall perform an inspection of the property to determine vacancy or occupancy, upon the filing of a mortgage foreclosure action against the property. The lender shall, within 10 days of the inspection register the property with the Borough Office, or designee, on forms provided by the Borough, and indicate whether the property is vacant or occupied. A separate registration is required for each foreclosure property, whether it is found to be vacant or occupied.
2.
If the property is occupied, it shall be inspected monthly by the lender or their designee to verify continued occupancy. If the property becomes vacant or shows evidence of vacancy, the lender shall, within 10 days of that inspection, update the property registration to a vacancy status on forms provided by the Borough.
3.
Registration pursuant to this section shall contain the name of the lender and mortgage servicer, the direct mailing address of the lender and the mortgage servicer, a direct contact name and telephone number for both parties, facsimile number and e-mail 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.
4.
A nonrefundable annual registration fee in the amount of $200 per foreclosure property shall accompany the registration form. The annual registration fee shall not be prorated.
5.
This section shall also apply to properties where title to the property has been transferred to a lender under a deed in lieu of foreclosure or other such conveyance of title to a lender.
6.
Properties subject to this section shall remain under the annual registration requirement and the inspection, security and maintenance standards of this Part until such time as the property is sold or transferred to a new owner, other than a lender, or when the foreclosure action has been withdrawn or concluded in favor of the mortgagor as evidenced by court records.
7.
Any lender that has registered a property under this section must report any change of information contained in the registration within 10 days of the change.
8.
Failure of the lender to properly register or to update the registration form from time to time to reflect a change of circumstances as required by this section is a violation of this section and shall be subject to enforcement.
9.
Pursuant to any administrative or judicial finding and determination that any property is in violation of this section, 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, plus 10%, to benefit the property and bring it into compliance.
[Ord. No. 498, 5/15/2019]
1.
Properties subject to this Part shall be kept free of weeds, overgrown brush, dead vegetation, trash, junk, debris, building materials, any accumulation of newspapers, circulars, flyers, and notices, except those required by federal, state or local law, discarded personal items, including, but not limited to, furniture, clothing, large and small appliances, and printed material, or any other items that give the appearance that the property is abandoned.
2.
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.
3.
Front, side, and rear yards, including landscaping, shall be maintained in accordance with the Codified Ordinances.
4.
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, 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 Borough ordinances.
7.
Failure of the lender to properly maintain the property may result in a violation of the Codified Ordinances and issuance of a notice of violation. Pursuant to a finding and determination by the enforcement officer or a court of competent jurisdiction, the Borough may take the necessary action to ensure compliance with this Part.
8.
In addition to the above, the property is required to be maintained in accordance with the Codified Ordinances.
[Ord. No. 498, 5/15/2019]
1.
Properties subject to this Part shall be maintained in a secure manner so as not to be accessible to unauthorized persons.
2.
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.
3.
If a foreclosure property has become vacant, a property manager shall be designated by the lender to perform the work necessary to bring the property into compliance with the Codified Ordinances, and the property manager must perform regular inspections to verify compliance with the requirements of this Part and any other applicable laws.
[Ord. No. 498, 5/15/2019]
For the purpose of this Part only, all blighted 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. Nothing herein shall be deemed to alter or otherwise supersede the terms "public nuisance" or "nuisance" as used elsewhere in the Codified Ordinances.
[Ord. No. 498, 5/15/2019]
Adherence to this Part does not relieve any person, legal entity or agent from any other obligations set forth in the Codified Ordinances which may apply to the property. Upon transfer of title of a foreclosure property to a new owner, other than a lender, the owner shall be responsible for all violations of the Codified Ordinances; and the owner shall be responsible for meeting with the enforcement officer within 20 days of the date of transfer for a final inspection report; and the owner shall abate all violations cited in the inspection report within 45 days of the date of the report.
[Ord. No. 498, 5/15/2019]
1.
If the enforcement officer has reason to believe that a property subject to the provisions of this Part is posing a serious threat to the public health, safety and welfare, the enforcement officer may temporarily secure the property at the expense of the lender or new owner.
2.
The enforcement officer shall have the authority to require the lender or new owner of record of any property affected by this Part to implement additional maintenance and/or security measures, including, but not limited to, securing any and all doors, windows or other openings, or other measures as may be reasonably required to help prevent further decline of the property.
3.
If the enforcement officer has reason to believe that a property subject to the provisions of this Part is posing a serious threat to the public health, safety and welfare, then the enforcement officer may recommend that the Borough abate the violations, and the Borough may abate the violations and charge the lender or new owner with the cost of the abatement, plus 10%.
4.
If the lender or new owner does not reimburse the Borough for the cost of temporarily securing the property or of any abatement thereof within 30 days of the Borough sending an invoice, then the Borough may lien the property with such cost, plus legal fees.
[Ord. No. 498, 5/15/2019]
Any enforcement officer or any person authorized by the Borough to enforce the provisions of this Part 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 Part.
[Ord. No. 498, 5/15/2019]
If any provision, sentence, clause, section, or part of this Part or the application thereof to any person or circumstance is for any reason found to be unconstitutional, illegal or invalid by a court of competent jurisdiction, such unconstitutionality, illegality or invalidity shall not affect or impair any of the remaining provisions, sentences, clauses, sections, or parts of this Part. It is hereby declared as the intent of the Council of the Borough of Glen Rock that this Part would have been adopted had such unconstitutional, illegal or invalid provision, sentence, clause, section, or part not been included herein.
[Ord. No. 498, 5/15/2019]
Any person or entity who shall violate the provisions of this Part may be cited and fined pursuant to the Codified Ordinances of the Borough of Glen Rock and/or state or federal law. The following table shows violations of this Part, as may be amended from time to time, which may be enforced pursuant to the provisions of this Part and the dollar amount of the fine for violation of this Part 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. For each section of this Part listed in the schedule of penalties, the entirety of the section may be enforced by the fine provided, 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 Part, the relevant section shall be examined.
Description of Violation | Penalty |
|---|---|
Failure to register foreclosed upon or abandoned real property on annual basis and/or any violation of § 10-506 | $500 |
Failure to maintain foreclosed upon or abandoned real property as described in § 10-507 | $100 for the first offense; |
$250 for the second offense; | |
$500 for the third and subsequent offense. | |
A violation is considered a subsequent offense if the violation occurs at the same property as the former violation and ownership has not changed since the former violation. | |
Failure to secure foreclosed upon or abandoned real property or failure to designate a property manager as described in § 10-508 | $100 for the first offense; |
$250 for the second offense; | |
$500 for the third and subsequent offense. | |
A violation is considered a subsequent offense if the violation occurs at the same property as the former violation and ownership has not changed since the former violation. |
[Ord. No. 498, 5/15/2019]
Foreclosure properties existing on the effective date hereof or thereafter are intended to be subject to the requirements of this Part. This Part shall be effective May 15, 2019, as enacted by the Borough Council of Glen Rock Borough, County of York, Commonwealth of Pennsylvania.