This chapter shall be known and may be cited as "The Municipality
of Kingston Abandoned Real Property Ordinance of 2015."
It is the purpose and intent of the Municipality to amend the
process to address the deterioration and blight of Municipality neighborhoods
caused by an increasing amount of abandoned, foreclosed or distressed
real property located within the Municipality, and to identify, regulate,
limit and reduce the number of abandoned properties located within
the Municipality. It is the Municipality's further intent to
amend the registration program as a mechanism to protect neighborhoods
from becoming blighted due to the lack of adequate maintenance and
security of abandoned and foreclosed properties.
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 REAL PROPERTY
Any real property located in the Municipality, 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 claim bureau 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 that is accessible through a compromised/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.
APPLICABLE CODES
To include but not be limited to the laws of the Commonwealth
of Pennsylvania, the Municipality's Zoning Ordinance, the Municipality's
Property Maintenance Code, the Municipality's Refuse Disposal
Ordinance, the Municipality's Mandatory Recycling Ordinance,
the Municipality's Snow and Ice Removal Ordinance, the Municipality's
Landlord Registration, Licensing and Occupancy Ordinance, and all
other Municipal laws that regulate health, safety, peace and good
order.
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 whose maintenance is not in conformance with the
maintenance of other neighboring properties, causing a decrease in
value of the neighboring properties; or
C.
Properties cited for a public nuisance pursuant to the Municipality
codes or other 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 applicable codes.
E.
Properties which because of their general condition are unsafe,
unsanitary or dangerous to the health, safety or general welfare of
the people of the Municipality.
ENFORCEMENT OFFICER
Any law enforcement officer, building official, zoning inspector,
code enforcement officer, designated fire personnel, code enforcement
officer or building inspector, or other person authorized by the Municipality
to enforce the applicable code(s).
MORTGAGE
Any individual, corporation, limited liability company or
any other entity holding a security interest in real property located
within the Municipality. This definition shall include assignees of
any such security interest.
OWNER
Any person, legal entity or other party having any ownership
interest, whether legal or equitable, in real property. This term
shall also apply to any person, legal entity or agent responsible
for the construction, maintenance or operation of the property involved.
PROPERTY MANAGEMENT COMPANY
A local property manager, property maintenance company or
similar entity located within 20 miles of the corporate boundaries
of the Municipality responsible for the maintenance of abandoned real
property.
REAL PROPERTY
Any residential or commercial land and/or buildings, leasehold
improvements and anything affixed to the land, or portion thereof
identified by a property parcel identification number, located in
the municipal limits.
REGISTRABLE PROPERTY
Any real property located in the Municipality, whether vacant
or occupied, that is encumbered by a mortgage in default, is subject
to an ongoing foreclosure action by the mortgagee or trustee, has
been the subject of a foreclosure action by a mortgagee or trustee
and a judgment has been entered, 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/sale. 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.
SEMIANNUAL REGISTRATION
Six months from the date of the first action that requires
registration, as determined by the Borough, or its designee, and every
subsequent six months the property is registrable. The date of the
initial registration may be different than the date of the first action
that required registration.
VACANT
Any building or structure that is not legally occupied.
Pursuant to the provisions of this chapter, the Municipality
or designee shall amend the registry cataloging each abandoned property
within the Municipality, containing the information required by this
chapter.
All abandoned real property is hereby declared to be a public
nuisance, the abatement of which, pursuant to the police power, is
hereby declared to be necessary for the health, welfare and safety
of the residents of the Municipality.
Adherence to this chapter does not relieve any person, legal
entity or agent from any other obligations set forth in any applicable
code(s) which may apply to the property. Upon sale or transfer of
title to the property, the conveying owner shall be responsible for
all violations of the applicable code(s) and shall further be responsible
to apply to the Municipality's Building Officer or Code Enforcement
Officer for a pre-sales inspection.
Whoever opposes, obstructs or resists any enforcement officer
or any person authorized by the enforcement officer in the discharge
or 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 Municipality
of Kingston to enforce the sections here within shall be immune from
prosecution, civil or criminal, for reasonable, good faith entry upon
real property while in the discharge or duties imposed by this chapter.
Registration and penalty fees as set forth in this chapter may
be modified by resolution of the Town Council of the Municipality
of Kingston.
If any section, sentence, clause, or phrase of this chapter
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 chapter.
All ordinances or parts of ordinances in conflict herewith are
and the same are hereby repealed.
This chapter shall become effective in conformity with the Charter
of the Municipality of Kingston.