[Adopted 8-11-1997 by Ord. No. 1211; amended in its entirety 8-10-2015 by Ord. No. 1322]
An amendment to provide for the upgrade of the standard of maintenance
by reference to the BOCA National Property Maintenance Code, fifth
edition, to the IPMC Code: year 2015.
Former §§ 131-1 and 131-2 are now to be eliminated
and the IPMC Code, latest 2015, shall be herein substituted.
The Canonsburg Borough Code Enforcement Officers may permit
reasonable variations where practical conditions exist or dictate
variations where public health and safety are not jeopardized.
[Adopted 10-11-2021 by Ord. No. 1357]
The foregoing clauses are hereby ratified and confirmed as being
true and correct and are made a part of this article upon adoption
hereof.
It is the purpose and intent of the Borough Council to establish
a process to address the threat to the health, safety, and welfare
of citizens of the Borough in relation to the deterioration, crime
and decline in property value that occurs as a result of vacancy,
absentee ownership, and a lack of adequate maintenance and security
of property with defaulted mortgages. It is the Borough Council's
further intent to establish a registration requirement to identify,
regulate, limit and reduce the number of such properties within the
Borough and identify a contact person that shall be responsible for
each such property.
The following words, terms and phrases, when used in this chapter,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
ABANDONED PROPERTY
Any real property located in the Borough, whether vacant
or occupied, that is in default on a mortgage, has had a lis pendens
filed against it by the lender holding a mortgage on the property,
is subject to an ongoing foreclosure action by the lender, is subject
to an application for a tax deed or pending Tax Assessor's lien
sale, or has been transferred to the lender under a deed in lieu of
foreclosure. The designation of a property as abandoned shall remain
in place until such time as the property is sold or transferred to
a new owner, the foreclosure action has been dismissed, and any default
on the mortgage has been cured.
ACCESSIBLE PROPERTY/STRUCTURE
A property or structure that is readily accessible as a result
of an unsecured door, window, gate, fence, wall, etc., or which is
secured in an insufficient manner so as to easily be breached to allow
access to the interior space by unauthorized persons.
APPLICABLE CODES
To include, but not be limited to, the Borough's Code of Ordinances, Chapter
170, Zoning, of the Code of the Borough of Canonsburg, and Chapter
131, Property Maintenance, Article
I, Adoption of Standards, of the Code of the Borough of Canonsburg.
BLIGHTED PROPERTY
A.
Properties that have broken or severely damaged windows, doors,
walls, or roofs which create hazardous conditions and encourage trespassing;
or
B.
Properties in repeated or gross violation of Chapter
131, Property Maintenance, Article
I, Adoption of Standards, which cause a decrease in the value of neighboring properties; or
C.
Properties cited as a public nuisance pursuant to applicable
codes; or
D.
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 applicable codes.
DEFAULT
That the mortgagor has not complied with the terms of the
mortgage, promissory note, or other written evidence of debt which
is secured by real property.
ENFORCEMENT OFFICER
Any law enforcement officer, Building Inspector, Code Enforcement
Officer, or other person authorized to enforce the applicable codes.
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
or dead vegetation; past-due utility notices or disconnected utilities;
accumulation of trash, junk or debris; abandoned vehicles or motorized
equipment; the absence of furnishings or personal items consistent
with habitation or occupancy; the presence of an unsanitary, stagnant
swimming pool; the accumulation of newspapers, circulars, flyers or
mail; statements by neighbors, passersby, delivery agents or government
agents; or the presence of boards over doors, windows or other openings.
FORECLOSURE
The legal process by which a mortgagee, or other lienholder,
terminates a property owner's right of redemption to obtain legal
and/or equitable title to the real property pledged as security for
a debt or the real property subject to the lien. This definition shall
include, but is not limited to, public notice of default, a deed-in-lieu
of foreclosure, sale to the mortgagee or lien holder, certificate
of title, and all other processes, activities and actions, by whatever
name, associated with the described process. The process is not concluded
until the property obtained by the mortgagee, lienholder, 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.
LOCAL PROPERTY MANAGEMENT COMPANY
A property manager, property management company or similar
entity responsible for the maintenance and security of registrable
real property. The property manager must have a principle place of
business within 30 driving miles of the Borough limits. At its sole
discretion, the Borough or its designee may make exceptions to this
requirement and allow a nonlocal property manager to be listed.
MORTGAGEE
The creditor, including, but not limited to, lenders in a
mortgage agreement; mortgage service companies; trustees; any successor
in interest; any agent, servant, or employee of the creditor; or any
assignee of the creditor's rights, interests or obligations under
the mortgage agreement.
OWNER
Any person, firm, corporation or other legal entity who,
individually or jointly or severally with others, holds the legal
or beneficial title to any building, facilities, equipment or premises
subject to the provisions of this chapter.
PROPERTY MANAGEMENT COMPANY
A local property manager, property maintenance company or
similar entity responsible for the maintenance of registrable real
property.
REAL PROPERTY
Any improved residential or commercial land, buildings, leasehold
improvements and anything affixed to the land, or portion thereof
identified by a property parcel identification number, located in
the Borough limits. Developed lots are considered improved land.
REGISTRABLE PROPERTY
A.
Any real property located in the Borough, whether vacant or
occupied, that is encumbered by a mortgage in default, is subject
to an ongoing foreclosure action by the mortgagee or trustee, is subject
to an application for a tax deed or pending Tax Assessor's lien
sale, or has 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,
or is determined as vacant by the Borough or its designee, including
properties in said status at the time of the enactment of this article.
B.
The designation of a default/foreclosure property as registrable
shall remain in place until such time as the property is sold to a
nonrelated, bona fide purchaser in an arm's-length transaction
or the foreclosure action has been dismissed and any default on the
mortgage has been cured.
RENTAL PROPERTY
Property that contains a single-family rental dwelling unit
or multifamily rental dwelling units for use by residential tenants,
including, but not limited to, mobile homes, mobile home spaces, townhomes
and condominium units. A rental dwelling unit includes property that
is provided to an individual or entity for residential purposes upon
payment of rent or any other consideration in lieu of rent, regardless
of relationship between lessor and lessee.
VACANT
A.
Any building or structure that is not legally occupied and is
not currently being offered for sale, rent or lease evidenced by a
sign posted on the subject property advertising the property for sale,
rent or lease with contact information, ownership information, and
current phone number and/or an active listing on an electronic database
accessible to Borough staff. If there is no posted sign and the listing
is not accessible to Borough staff, a realtor may submit a written
confirmation of listing to avoid the requirement of registration.
B.
Exception: This definition shall not apply to properties where
owners have, for reasons such as extended vacations, nursing home
care, or temporary employment, not occupied their homes for over 90
days but intend to return and have notified the Borough of their intentions.
These sections shall be considered cumulative and not superseding
or subject to any other law or provision for same, but rather, shall
be in addition to those remedies already available to the Borough.
Pursuant to the above provisions of §
131-5, the Borough or its designee shall establish a registry cataloging each registrable property within the Borough containing the information required by this article.
All registrable property is hereby declared to be a public nuisance,
the abatement of which is pursuant to the police power in the interest
of the health, welfare and safety of the residents of the Borough.
Upon property becoming registrable in accordance with this article,
an initial inspection of the property shall be performed by the Borough,
its agent or designee, with subsequent monthly inspections to be performed
at the discretion of the Borough. Upon inspection, a detailed report
outlining the violations will be given to the responsible party, and
the responsible party shall have between 10 days and 30 days, as determined
by the Borough, its agent or designee, to abate the said violations.
If the violations are not abated, the Borough, its agent or designee
may conduct subsequent inspections, whereby the party who is responsible
for registering the property with the Borough under this article shall
be cited in accordance with the penalty section of this article.
Registration and penalty fees outlined in this article may be
modified by amendment of this article, passed and adopted by the Borough
Council.
If any section, sentence, clause or phrase of this article is
held to be invalid or unconstitutional by any court of competent jurisdiction,
then said holding shall in no way affect the validity of the remaining
portions of this article.
All ordinances or parts of ordinances in conflict herewith are
hereby repealed.
This article shall take effect 10 days after final passage.