[Prior history includes: 1983 Code §§ 79-1
– 79-8; Ord. No. 11-14; andOrd. No. 2016-06. Chapter 22 was amended in entirety and
renamed from Abandoned Properties; Foreclosed Properties and Buildings
to Registration of Foreclosing Mortgaged Property and Vacant Property 5-13-2020 by Ord. No. 20-12. Amendments noted where applicable.]
[Added 5-13-2020 by Ord.
No. 20-12]
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.
[Added 5-13-2020 by Ord.
No. 20-12]
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.
Shall mean 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.
Shall mean 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).
Shall mean 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.
Shall mean 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 non-related
bona fide purchaser in an arm's length transaction to satisfy
the debt or lien.
Shall mean 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.
Shall mean every person, entity, or mortgagee, who alone
or severally with others, has legal or equitable title to any real
property as defined by this chapter; 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.
Shall mean any party designated by the owner as responsible
for inspecting, maintaining and securing the property as required
in this chapter.
Shall mean 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.
Shall mean:
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
Any property that is vacant for more than 30 days or any cancellation
of utility or service, whichever occurs first.
Shall mean 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 chapter.
Shall mean 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.
Shall mean 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.
Shall mean any parcel of land in the Borough that contains
any building or structure that is not lawfully occupied.
[Added 5-13-2020 by Ord.
No. 20-12]
This chapter applies to foreclosing, foreclosed, and vacant
property within the Borough.
[Added 5-13-2020 by Ord.
No. 20-12]
Pursuant to the provisions of § 22-5, the Borough, or its designee, shall establish a registry cataloging each registrable property within the Borough, containing the information required by this chapter.
[Added 5-13-2020 by Ord.
No. 20-12]
A.
Any mortgagee who holds a mortgage on real property located within
the Borough shall perform an inspection of the property upon default
by the mortgagor as evidenced by the filing of a foreclosure action.
B.
Property inspected pursuant to Subsection A above that remains in foreclosure shall be inspected every 30 days by the mortgagee or mortgagee's designee. If an inspection shows a change in the property's occupancy status the mortgagee shall, within 10 days of that inspection, update the occupancy status of the property registration.
C.
Within 10 days of the date any mortgagee files a foreclosure action,
the mortgagee shall register the real property with the Borough registry,
and, at the time of registration, indicate whether the property is
vacant, and if so shall designate in writing a property manager to
inspect, maintain, and secure the real property subject to the mortgage
under a foreclosure action when legally possible. A separate registration
is required for each property under a foreclosure action, regardless
of whether it is occupied or vacant.
D.
Initial registration pursuant to this section shall contain at a
minimum the name of the mortgagee, the mailing address of the mortgagee,
e-mail address, telephone number and name of the property manager
and said person's address, e-mail address, and telephone number.
E.
At the time of initial registration each registrant shall pay a non-refundable
semi-annual registration fee of $500 for each property. Subsequent
non-refundable semi-annual renewal registrations of properties and
fees in the amount of $500 are due within 10 days of the expiration
of the previous registration. Said fees shall be used to offset the
costs of:
1.
Registration and registration enforcement;
2.
Code enforcement and mitigation related to defaulted properties;
3.
Post-closing counseling and foreclosure intervention limited to owner-occupied
persons in default, which may not include cash and mortgage modification
assistance; and
4.
For any related purposes as may be adopted in the policy set forth
in this chapter.
Said fees shall be deposited to a special account in the Borough's
department dedicated to the cost of implementation and enforcement
of this chapter, and fulfilling the purpose and intent of this chapter.
None of the funds provided for in this section shall be utilized for
the legal defense of foreclosure actions.
F.
If the mortgage and/or servicing on a registrable property is sold
or transferred, the new mortgagee is subject to all the terms of this
chapter. Within 10 days of the transfer, the new mortgagee shall register
the property or update the existing registration. The previous mortgagee(s)
will not be released from the responsibility of paying all previous
unpaid fees, fines, and penalties accrued during that mortgagee's
involvement with the registrable property.
G.
If the mortgagee sells or transfers the registrable property in a
non-arm's length transaction to a related entity or person, the
transferee is subject to all the terms of this chapter. Within 10
days of the transfer, the transferee shall register the property or
update the existing registration. Any and all previous unpaid fees,
fines, and penalties, regardless of who the mortgagee was at the time
registration was required, including, but not limited to, unregistered
periods during the foreclosure process, are the responsibility of
the transferee and are due and payable with the updated registration.
The previous mortgagee will not be released from the responsibility
of paying all previous unpaid fees, fines, and penalties accrued during
that mortgagee's involvement with the foreclosed property.
H.
If the foreclosing or foreclosed property is not registered, or the
registration fee is not paid within 30 days of when the registration
or renewal is required pursuant to this section, a late fee equivalent
to 10% of the semi-annual registration fee shall be charged for every
thirty-day period, or portion thereof, the property is not registered
and shall be due and payable with the registration.
I.
This section shall also apply to properties that have been the subject
of a foreclosure sale where title is transferred to the mortgagee
as well as any properties transferred to the mortgagee under a deed
in lieu of foreclosure or by any other legal means.
J.
Properties subject to this section shall remain subject to the semi-annual
registration requirement, and the inspection, security, and maintenance
standards of this section as long as the property remains registrable
property.
K.
Failure of the mortgagee and/or property owner of record to properly
register or to modify the registration to reflect a change of circumstances
as required by this chapter is a violation of this chapter and shall
be subject to enforcement by any of the enforcement means available
to the Borough.
L.
If any property is in violation of this chapter the Borough may take
the necessary action to ensure compliance with and/or place a lien
on the property for the cost of the outstanding obligation and any
additional cost incurred to the property into compliance.
M.
Registration of foreclosure property does not alleviate the mortgagee
and/or owner from obtaining all required licenses, permits and inspections
required by applicable code or State Statutes. Acquisition of required
licenses, permits and inspections or registration of rental property
does not alleviate the requirement for the property to be registered
under this section. Mortgagee and/or owner is expected to update the
status of the property in the event of a mortgagee managed rental.
[Added 5-13-2020 by Ord.
No. 20-12]
A.
Any owner of vacant property located within the Borough shall within
10 days after the property becomes vacant, register the real property
with the Borough registry.
B.
Initial registration pursuant to this section shall contain at a
minimum the name of the owner, the mailing address of the owner, e-mail
address, and telephone number of the owner, and if applicable, the
name and telephone number of the property manager and said person's
address, e-mail address, and telephone number.
C.
At the time of initial registration each registrant shall pay a non-refundable
semi-annual registration fee of $500 for each vacant property. Subsequent
non-refundable semi-annual renewal registrations of vacant properties
and fees in the amount of $500 are due within 10 days of the expiration
of the previous registration.
Said fees shall be used to offset the costs of:
1.
Registration and registration enforcement;
2.
Code enforcement and mitigation related to vacant properties; and
3.
For any related purposes as may be adopted in the policy set forth
in this chapter.
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Said fees shall be deposited to a special account in the Borough's
department dedicated to the cost of implementation and enforcement
of this chapter, and fulfilling the purpose and intent of this chapter.
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D.
If the property is sold or transferred, the new owner is subject
to all the terms of this chapter. Within 10 days of the transfer,
the new owner shall register the vacant property or update the existing
registration. The previous owner(s) will not be released from the
responsibility of paying all previous unpaid fees, fines, and penalties
accrued during that owner's involvement with the vacant property.
E.
If the vacant property is not registered, or either the registration
fee or the semi-annual registration fee is not paid within 30 days
of when the registration or semi-annual registration is required pursuant
to this section, a late fee shall be equivalent to 10% of the semi-annual
registration fee shall be charged for every 30-day period, or portion
thereof, the property is not registered and shall be due and payable
with the registration. This section shall apply to the initial registration
and registrations required by subsequent owners of the vacant property.
F.
Properties subject to this section shall remain subject to the semi-annual
registration requirement, and the inspection, security, and maintenance
standards of this section as long as the property is vacant.
G.
Failure of the owner to properly register or to modify the registration
to reflect a change of circumstances as required by this chapter is
a violation of this chapter and shall be subject to enforcement by
any of the enforcement means available to the Borough.
H.
If any property is in violation of this chapter the Borough may take
the necessary action to ensure compliance with and place a lien on
the property for the cost of the outstanding obligation and any additional
cost incurred to the property into compliance.
I.
Properties registered as a result of this section are not required
to be registered again pursuant to the foreclosure mortgage property
section.
[Added 5-13-2020 by Ord.
No. 20-12]
A.
Properties subject to this chapter shall be kept free of weeds, overgrown
brush, dead vegetation, trash, junk, debris, building materials, any
accumulation of newspaper circulars, flyers, notices, except those
required by federal, state or local law, discarded personal items
including, but not limited to, furniture, clothing, large and small
appliances, printed material, or any other items that give the appearance
that the property is abandoned.
B.
Registrable 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.
C.
Front, side, and rear yards, including landscaping, of registrable
property shall be maintained in accordance with the applicable code(s)
at the time registration is required.
D.
Registrable 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. Acceptable maintenance
of yards and/or landscape shall not include weeds, gravel, broken
concrete, asphalt or similar material.
E.
Maintenance shall include, but not be limited to, watering, irrigation,
cutting and mowing of required ground cover or landscape and removal
of all trimmings.
F.
Pools and spas of shall be maintained so the water remains free and
clear of pollutants and debris and shall comply with the regulations
set forth in the applicable code(s).
G.
Failure of the mortgagee, owner, and transferees to properly maintain
the property as required by this chapter may result in a violation
of the applicable code(s) and issuance of a citation or notice of
violation in accordance with the applicable code of the Borough. Pursuant
to a finding and determination by the Magistrate or a court of competent
jurisdiction, the Borough may take the necessary action to ensure
compliance with this section.
H.
In addition to the above, the property is required to be maintained
in accordance with the applicable code(s) of the Borough.
[Added 5-13-2020 by Ord.
No. 20-12]
A.
Properties subject to these sections shall be maintained in a secure
manner so as not to be accessible to unauthorized persons.
B.
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 re-glazing of
the window.
C.
If a property is registrable, and the property has become vacant
or blighted, a property manager shall be designated by the mortgagee
and/or owner to perform the work necessary to bring the property into
compliance with the applicable code(s), and the property manager must
perform regular inspections to verify compliance with the requirements
of this chapter, and any other applicable laws.
D.
In addition to the above, the property is required to be secured
in accordance with the applicable code(s) of the Borough.
E.
When a property subject to this chapter becomes vacant, it shall
be posted with the name and 24-hour-contact telephone number of the
property manager. The property manager shall be available to be contacted
by the Borough Monday through Friday between 9:00 a.m. and 5:00 p.m.,
legal holidays excepted. The sign shall be placed in a window facing
the street and shall be visible from the street. The posting shall
be no less than 18 inches by 24 inches and shall be of a font that
is legible from a distance of 45 feet. The posting shall contain the
following language with supporting information:
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THIS PROPERTY IS MANAGED BY .
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AND IS INSPECTED ON A REGULAR BASIS. .
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THE PROPERTY MANAGER CAN BE CONTACTED .
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BY TELEPHONE AT .
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OR BY EMAIL AT .
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F.
The posting required in Subsection E above shall be placed on the interior of a window facing the street to the front of the property so that it is visible from the street, or secured to the exterior of the building/structure facing the street to the front of the property so that it is visible from the street or if no such area exists, on a stake of sufficient size to support the posting in a location that is at all times visible from the street to the front of the property but not readily accessible to vandals. Exterior posting shall be constructed of and printed with weather-resistant materials.
G.
Failure of the mortgagee and/or property owner of record to properly
inspect and secure a property subject to this chapter, and post and
maintain the signage noted in this section, is a violation and shall
be subject to enforcement by any of the enforcement means available
to the Borough. The Borough may take the necessary action to ensure
compliance with this section, and recover costs and expenses in support
thereof.
[Added 5-13-2020 by Ord.
No. 20-12]
The provisions of this chapter are cumulative with and in addition
to other available remedies. Nothing contained in this chapter 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.
[Added 5-13-2020 by Ord.
No. 20-12]
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.
[Added 5-13-2020 by Ord.
No. 20-12]
A.
If the enforcement officer has reason to believe that a property
subject to the provisions of this chapter is posing a serious threat
to the public health, safety, and welfare, the code enforcement officer
may temporarily secure the property at the expense of the mortgagee
or owner, and may bring the violations before code enforcement, Council
or special magistrate as soon as possible to address the conditions
of the property. Nothing herein shall limit the Borough from abating
any nuisance or unsafe condition by any other legal means available
to it.
B.
The Sheriff, code enforcement, Council or special magistrate shall
have the authority to require the mortgagee or owner affected by this
section, to implement additional maintenance and/or security measures
including, but not limited to, securing any and all doors, windows
or other openings, employment of an on-site security guard or other
measures as may be reasonably required to help prevent further decline
of the property.
C.
If there is a finding that the condition of the property is posing
a serious threat to the public health, safety, and welfare, then the
Sheriff, code enforcement, Council or special magistrate may direct
the Borough to abate the violations and charge the mortgagee or owner
with the cost of the abatement.
D.
If the mortgagee or owner does not reimburse the Borough for the
cost of temporarily securing the property, or of any abatement directed
by the Sheriff, code enforcement officer, code enforcement, Council
or special magistrate, within 30 days of the Borough sending the mortgagee
or owner the invoice then the Borough may lien the property with such
cost, along with an administrative fee as determined in the Borough's
fee ordinance to recover the administrative personnel services. In
addition to filing a lien the Borough may pursue financial penalties
against the mortgagee or owner.
E.
The Borough may contract with an entity to implement this chapter,
and, if so, any reference to the enforcement officer herein shall
include the entity the Borough contract with for that purpose.
[Added 5-13-2020 by Ord.
No. 20-12]
It shall be a violation of this Chapter 22 obstruct or resist any enforcement officer or any person authorized by the enforcement office in the discharge of duties as provided in this chapter.
[Added 5-13-2020 by Ord.
No. 20-12]
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 chapter.
[Added 5-13-2020 by Ord.
No. 20-12]
The violation of any provision of this chapter shall be subject to the penalties provided for in Chapter 1, General Provisions, of the Code.
