[HISTORY: Adopted by the Borough Council of the Borough of Steelton 3-4-2019 by Ord. No. 2019-1, approved 3-4-2019.[1] Amendments noted where applicable.]
[1]
Editor's Note: This chapter was originally designated as an amendment to Chapter 85 but was added as Chapter 81 to maintain the organization of the Code.
A. 
It is the purpose and intent of the Borough of Steelton to amend the process to address the amount of deteriorating real property located within the Borough, which includes property, whether vacant or occupied, in default, about which a public notice of default has been filed, is in foreclosure, or where ownership has been transferred to lender or mortgagee by any legal method. It is the Borough's further intent to specifically establish an abandoned property program as a mechanism to protect neighborhoods from becoming blighted through the lack of adequate maintenance and security of abandoned properties.
B. 
For the protection and promotion of the public health, safety and welfare of the citizens of the Borough of Steelton, the Borough Council hereby establishes the rights and obligations of owners, mortgagees and property management companies of vacant and abandoned properties within the Borough and encourages owners, mortgagees and property management companies to maintain and secure such property through registration and compliance with the Borough Code[1] and this chapter.
[1]
Editor's Note: See 8 Pa.C.S.A. § 101 et seq.
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:
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, as evidenced by the initiation of a foreclosure action.
ENFORCEMENT OFFICER
Any Building Official, zoning inspector, Code Enforcement Officer, health officer, fire inspector or Building Inspector employed by the Borough.
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 not be limited to, overgrown or dead vegetation, accumulation of abandoned real property, as defined herein, statements by neighbors, passersby, delivery agents or government agents, among other evidence that the property is vacant.
FORECLOSURE or FORECLOSURE ACTION
The legal process, initiated by the filing of a complaint, 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 deed, or any other means, is sold to a non-related bona fide purchaser for value in an arm's length transaction to satisfy the debt or lien.
MORTGAGE
A conveyance of title to property that is given as security for the payment of debt or the performance of a duty and that will become void upon payment or performance according to the stipulated terms.
MORTGAGEE
One to whom property is mortgaged or the mortgage creditor or lender.
MORTGAGEE IN POSSESSION
A mortgagee who takes control of mortgaged land by agreement with the mortgagor, usually upon default of the loan secured by the mortgage.
OWNER
Any person, agent, operator, firm or corporation having a legal or equitable interest in real property; or recorded in the official records of the commonwealth, county or Borough as holding title to the property, or otherwise having control of the property, including the guardian of the estate of any such person, and the trustee, executor or administrator of the estate of such person if authorized by law to take possession of real property, or if ordered or authorized to take possession of real property by a court.
PERSON
An individual, corporation, partnership or any other group acting as a unit.
PROPERTY MANAGEMENT COMPANY
A property manager, property maintenance company or similar entity or individual responsible for the maintenance of abandoned real property.
REAL PROPERTY
Any vacant or 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, 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 non-related 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; or
B. 
Any property that is vacant/uninhabited 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 chapter.
SEMIANNUAL REGISTRATION
Registration under § 81-4 below which shall occur 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 building/structure that is not legally occupied.
These sections shall be considered cumulative and not superseding or subject to any other law or provision for same, but shall rather be an additional remedy available to the Borough above and beyond any other state, county or local provisions for same.
A. 
Any mortgagee who holds a mortgage on real property located within the Borough shall, upon default by the mortgagor and prior to the issuance of a notice of default, perform an inspection of the property that is the security for the mortgage. If the property is found to be vacant or shows evidence of vacancy, it shall be deemed abandoned real property and the mortgagee shall, within 10 days of the inspection, register the property with the Borough, or its designee, on forms provided by the Borough or through a website designated by the Borough. A registration is required for each property, whether vacant or occupied.
B. 
If the property is occupied but the mortgage on the property remains in default, the property shall be inspected to determine vacancy or occupancy status by the mortgagee or his designee monthly until: (1) the mortgagor or other party remedies the default; or (2) it is found to be vacant or shows evidence of vacancy at which time it is deemed abandoned, and the mortgagee shall, within 10 days of that inspection, update the property registration to a vacancy status providing the date of last inspection on forms provided by the Borough.
C. 
Registration pursuant to this section shall contain the name of the mortgagee and the servicer, the direct mailing address of both parties, a direct contact name and telephone number for both parties, a 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.
D. 
This section shall also apply to properties that have 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.
E. 
At the time of initial registration, each registrant shall pay a nonrefundable semiannual registration fee of $300 for each property in default. Subsequent semiannual registrations of properties in default and fees in the amount of $300 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. 
Each individual property on the registry that has been registered for 12 months or more prior to the effective date shall have 30 days to renew the registration and pay the $300 semiannual registration fee. Properties registered less than 12 months prior to the effective date shall renew the registration every six months from the expiration of the original registration renewal date and shall pay the $300.
G. 
If the mortgage in default and/or servicing of a mortgage on a 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 defaulted property.
H. 
If the mortgagee sells or transfers the property in default 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 property in default.
I. 
If the property in default 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 semiannual 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.
J. 
Properties subject to this section shall remain under the registration requirement, security and maintenance standards of this section as long as they remain registrable property.
K. 
Any person or corporation that has registered a property under this section must report any change of information contained in the registration in writing within 10 days of the change to the Borough Manager or his designee.
L. 
Properties registered as a result of this section are not required to be registered again pursuant to § 81-5 below dealing with real property that is not subject to a mortgage in default section.
A. 
Any owner of vacant property located within the Borough shall within 10 days after the property becomes vacant, or within 10 days after assuming ownership of the property, whichever is later, 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 nonrefundable semiannual registration fee of $300 for each vacant property. Subsequent semiannual registrations of vacant properties and fees in the amount of $300 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. 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.
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 semiannual registration fee is not paid within 30 days of when the registration or semiannual registration is required pursuant to this section, a late fee shall be equivalent to 10% of the semiannual 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. 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 semiannual 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 ordinance 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 defaulted mortgage property section.
A. 
Properties subject to this section shall be kept free of weeds, overgrown brush, dead vegetation trash, junk, debris, building materials, any accumulation of newspapers, circulars, flyers, notices (except those required by federal, state, or local law), abandoned vehicles, portable storage devices, 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. 
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.
C. 
Front, side, and rear yards, including landscaping, shall be maintained in accordance with the Borough's Code of Ordinances.
D. 
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 landscaping 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 or all trimmings.
F. 
Pools and spas shall be maintained so that the water remains free and clear of pollutants and debris. Pools and spas shall comply with all requirements of the Borough's Code of Ordinances and Pennsylvania Uniform Construction Code,[1] as amended from time to time.
[1]
Editor's Note: See 35 P.S. § 7210.101 et seq.
G. 
Failure of the mortgagee or property owner of record to properly maintain the property may result in a violation of the Borough's Code and issuance of a citation or notice of violation.
A. 
Properties subject to this division 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 shall be secured by reglazing of the window.
C. 
If the property is owned by a corporation or mortgagee that is unable or unwilling to perform maintenance and inspections itself, the corporation or mortgage shall contract with a property management company shall be contracted to perform biweekly inspections to verify compliance with the requirements of this section, and any other applicable laws.
D. 
The mortgagee or owner shall inspect or have inspected the property on a biweekly basis to ensure that the property is in compliance with this section. Upon the request of the Borough, the mortgagee or owner shall provide a copy of the inspection reports to the Borough Code Enforcement Department.
E. 
Failure of the mortgagee or property owner of record to properly maintain the property may result in a violation of the Borough Code and issuance of a citation. Pursuant to a finding and determination by the Borough's Code Enforcement Officer, the Borough may take the necessary action to ensure compliance with this section.
The Borough, or its designee, shall have authority to require the mortgagee or owner of record of any property affected by this section, to implement additional maintenance 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 prevent a decline of the property.
Any enforcement officer or any person authorized by the enforcement officer shall be immune from prosecution, civil or criminal, for reasonable, good faith trespass upon real property while in the discharge of duties imposed by this chapter.
A. 
It shall be a violation of this chapter to commit or permit any other person to commit any of the following acts:
(1) 
To fail to perform any inspection or to register any property required by § 81-4 of this chapter.
(2) 
To fail to pay a registration fee in the amount of $300 pursuant to § 81-4E of this chapter.
(3) 
To fail to maintain property as required under § 81-6 of this chapter.
(4) 
To fail to perform the inspection and maintenance relating to properties so that they are maintained in a secure manner pursuant to the provisions of § 81-6 of this chapter.
(5) 
To refuse to permit inspections required under this chapter.
(6) 
To place any false information on or to omit relevant information from an application for registration provided pursuant to this chapter.
(7) 
To fail or refuse to comply with any other provision of this chapter.
B. 
Penalties and remedies.
(1) 
Any person who shall violate any of the provisions of this chapter shall be guilty of a summary offense and, upon conviction thereof before a District Magistrate, shall be sentenced to pay a fine of $500 and the cost of prosecution for each and every offense, and in default of payment thereof, shall be sentenced to imprisonment in Dauphin County Prison for not more than 30 days. Each violation and each day of violation shall constitute a separate offense.
(2) 
In addition to prosecution of the persons violating this chapter, a Steelton Borough Code Enforcement Officer, Steelton Borough Solicitor, or any other duly authorized agent of the Borough may bring such civil or equitable actions, seeking civil or equitable remedies, and any appropriate Court of record of the Commonwealth of Pennsylvania, against any persons and/or property, real or personal, to effect the provisions of this chapter. The remedies and procedures of this chapter are not intended to supplant or replace, to any degree, the remedies provided to the Borough in the Borough Building Code, Property Maintenance Code,[1] Uniform Construction Code, Chapter 120, Zoning, or any other Borough Code, ordinance or resolution.
[1]
Editor's Note: See Ch. 44, Building Construction, and Ch. 82, Property Maintenance, respectively.
A. 
Any person aggrieved by the action of the Borough or its designee relevant to the provisions of this chapter may appeal to the Steelton Code Enforcement Appeals Board within 30 days of that action.
B. 
Any person aggrieved by any decision of the Steelton Code Enforcement Appeals Board relevant to the provisions of this chapter may appeal to the Dauphin County Court of Common Pleas within 30 days of the decision.