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.
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.