It is the purpose and intent of the Council to establish a process
to address the deterioration, crime, and decline in value of Borough
neighborhoods caused by property with foreclosing or foreclosed mortgages
located within the Borough, and to identify, regulate, limit and reduce
the number of these properties located within the Borough. 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 Council'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 Part,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning.
DEFAULT
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.
ENFORCEMENT OFFICER
Any law enforcement officer, Building Official, Zoning Inspector,
Code Enforcement Officer, Fire inspector, Building Inspector, or other
person authorized by the Borough to enforce the applicable code(s).
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
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.
FORECLOSURE or FORECLOSURE ACTION
The legal process by which a mortgagee, or other lien holder,
terminates or attempts to terminate a property owner's equitable right
of redemption to obtain legal and equitable title to the real property
pledged as security for a debt or the real property subject to the
lien. The legal process is not concluded until the property obtained
by the mortgagee, lien holder, 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.
MORTGAGEE
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.
OWNER
Every person, entity, or mortgagee, who alone or severally
with others, has legal or equitable title to any real property as
defined by this Part; 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.
PROPERTY MANAGER
Any party designated by the owner as responsible for inspecting,
maintaining and securing the property as required in this Part.
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 Borough limits.
REGISTRABLE PROPERTY
1.
Any real property located in the Borough, whether vacant or
occupied, that is encumbered by a mortgage 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 "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; or
2.
Any property that is vacant for more than 30 days or any cancellation
of utility or service, whichever occurs first.
REGISTRY
A web-based electronic database of searchable real property
records, used by the Borough to allow mortgagees and owners the opportunity
to register properties and pay applicable fees as required in this
Part.
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 date of the initial registration may be
different than the date of the first action that required registration.
UTILITIES AND SERVICES
Any utility and/or service that is essential for a building
to be habitable and/or perform a service necessary to comply with
all Borough codes. This includes, but is not limited to, electrical,
gas, water, sewer, lawn maintenance, pool maintenance, and snow removal.
VACANT
Any parcel of land in the Borough that contains any building
or structure that is not lawfully occupied.
This Part applies to foreclosing, foreclosed, and vacant property
within the Borough.
Pursuant to the provisions of §
4-202 the Borough, or its designee, shall establish a registry cataloging each registrable property within the Borough, containing the information required by this Part.
The provisions of this Part are cumulative with and in addition
to other available remedies. Nothing contained in this Part shall
prohibit the Borough from collecting on 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 Borough.
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 Part 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 Borough
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 of duties imposed by this Part.
Unless otherwise provided for in this Part, a violation of this
Part is declared unlawful.
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 Council.
It is hereby declared to be the intention of the Borough that
the sections, paragraphs, sentences, clauses, and phrases of this
Part are severable, and if any phrase, clause, sentence, paragraph,
or section of this Part 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 Part.
All ordinances or parts of ordinances in conflict herewith,
are hereby repealed and replaced.
It is the intention of the Council, that the provisions of this
ordinance shall become and be made a part of the Borough Code of Ordinances;
and that the sections of this ordinance may be renumbered or re-lettered
to accomplish such intention, and the word "ordinance" may be changed
to "section," "chapter," or such other appropriate word or phrase
in order to accomplish such intentions.
This Part shall become effective immediately upon adoption.