[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.
