[Adopted 10-9-2018 by Ord. No. 4-2018]
It is the purpose and intent of the Borough to establish a process
to address the deterioration and blight of Borough neighborhoods caused
by the increasing number of properties that are subject to foreclosure
within the Borough and to establish a registry as a mechanism to protect
the neighborhoods of the Borough from becoming blighted due to lack
of adequate maintenance of foreclosure properties.
The following words, terms, and phrases, when used herein, shall
have the meanings ascribed to them in this section, except when the
context clearly indicates a different meaning:
ABANDONED REAL PROPERTY
Any real property located within the Borough, 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 ongoing foreclosure action by the lender, is subject
to an application for a tax deed or pending tax lien sale or has been
transferred to a 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 comprised/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.
BLIGHTED PROPERTY
Shall include:
A.
Properties that have broken or severely damaged windows, doors,
walls or roofs which create hazardous conditions and encourage trespassing;
B.
Properties whose maintenance is not in conformity with other
neighboring properties causing a decrease in the value of the neighboring
properties;
C.
Properties cited for a public nuisance pursuant to any Borough
ordinance;
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 any Borough ordinance.
BOROUGH ORDINANCE
All ordinances of the Borough that are adopted and applicable
to the intent and meaning of this article, whether standing alone
or in the future become codified by the Borough into a codified Code
of Plymouth Borough.
ENFORCEMENT OFFICER
Any lawful enforcement officer, Building Official, zoning
inspector, Code Enforcement Officer, fire inspector or chief, or other
person authorized by any Borough ordinance or by a resolution of the
Borough Council to enforce this article.
FORECLOSURE ACTION
A legal action of mortgage foreclosure filed by a lender,
including an assignee of a lender, in a court of competent jurisdiction.
FORECLOSURE PROPERTY
Any real property located in the Borough, whether vacant
or occupied, that is subject to a mortgage foreclosure action filed
by a lender in a court of competent jurisdiction or where the title
to the property has been transferred to a lender under a deed in lieu
of foreclosure or other such conveyance of title to a lender. The
designation as a "foreclosure property" shall remain in place until
such time as the property is sold or transferred to a new owner, other
than a lender, or when the foreclosure action has been withdrawn or
concluded in favor of the mortgagor as evidenced by court records.
LENDER
Any person, bank, trust company, credit union, trust, or
any other legal entity or other party that holds a mortgage or security
interest, including an assignment of the same, against real property
located within the Borough.
OWNER
Any person, legal entity or other party having an ownership
interest, whether legal or equitable, in real property. This term
shall 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 responsible for the maintenance of a foreclosure property.
VACANT
Any building or structure that is not legally occupied.
These sections shall be considered cumulative and nor superseding
or subject to any other law or provision of the same, but rather be
an additional remedy available to the Borough above and beyond any
other state, county or Borough ordinance applicable to any violation
or condition that is covered under this article.
The Borough or its designee shall establish a registry cataloging
each foreclosure property within the Borough, containing the information
required by this article.
All blighted real property is hereby declared to be a public
nuisance, the abatement of which pursuant to the police power of the
Borough is hereby declared to be necessary for the health, welfare,
and safety of the residents of the Borough. Nothing herein shall be
deemed to alter or otherwise supersede the terms "public nuisance"
or "nuisance" as used elsewhere in this article.
Adherence to this article does not relieve any person, legal
entity or agent from any other obligations set forth in the Borough
Code, any other Borough ordinances or any other applicable, federal,
state or county law which may apply to the property. Upon transfer
of title of a foreclosure property to a new owner, other than a lender,
the owner shall be responsible for all violations of this article
or any other applicable Borough ordinance, and the owner shall be
responsible for meeting with the Borough Code Enforcement Officer
within 20 days of the date of transfer for a final inspection report
and the owner shall abate all violations cited in the inspection report
within 45 days of the date of the report.
Whoever opposes, obstructs or resists any enforcement officer
or any person authorized by the enforcement officer or Borough in
the discharge of duties provided for in this article shall be subject
to punishment for any crimes committed covered under state or federal
law in addition to being subject to a summary offense to be filed
with a Magisterial District Judge having jurisdiction over matters
occurring in the Borough. Upon conviction of the offense be subject
to a minimum fine of $300 and a maximum fine of $1,000 for each offense
and/or up to 90 days imprisonment, plus pay all filing fees and the
cost of prosecution.
Any enforcement officer or any person authorized by the Borough
to enforce the provisions of this article shall be immune from prosecution,
civil or criminal, for reasonable, good-faith entry upon real property
while in the discharge of duties imposed and/or performed under this
article.
If any section, sentence, clause or phrase of this article is
held to be invalid or unconstitutional by any court of competent jurisdiction,
then said ruling shall in no way affect the validity of the remaining
portions of this article.
[Adopted 10-9-2018 by Ord. No. 5-2018]
It is the purpose and intent of the Borough to establish a process
to address the deterioration and blight of Borough neighborhoods caused
by the increasing number of abandoned properties that are within the
Borough and to establish registration as a mechanism to protect the
neighborhoods of the Borough from becoming blighted due to lack of
adequate maintenance on abandoned properties.
The following words, terms, and phrases when used herein, shall
have the meanings ascribed to them in this section, except when the
context clearly indicates a different meaning:
ABANDONED REAL PROPERTY
Any real property or structure, located within the Borough
that is vacant for more than 45 days.
ACCESSED VALUE
The amount posted or listed on the public records of the
Luzerne County tax assessment records as the value of the land and
improvement.
BOROUGH
Borough of Plymouth, Luzerne County, Pennsylvania.
ENFORCEMENT OFFICER
Any lawful enforcement officer, Building Official, zoning
inspector, Code Enforcement Officer, fire inspector or chief, or other
person authorized by any Borough ordinance or by a resolution of the
Borough Council to enforce this article.
EVIDENCE OF VACANCY
Any condition that standing alone, or combined with other
conditions present, would lead a reasonable person to conclude that
the property is vacant. Such conditions include, but are not limited
to, overgrown and/or dead vegetation, accumulation of newspapers,
circulars, flyers and/or mail, past due utility notices and or disconnected
utilities, accumulation of trash, junk and/or debris, the absence
of window coverings such as curtains, blinds, or shutters, the absence
of furnishings and/or personal items consistent with residential habitation,
statements by neighbors, passersby, delivery agents, mail delivery
persons or governmental employees indicating that the property or
structure is vacant.
GARBAGE
The animal or vegetable waste resulting from the handling,
preparation, cooking or consumption of food.
HIGH GRASS
All grasses, annual plants, and vegetation, other than trees
or shrubs, in excess of 12 inches high; however, this term shall not
include cultivated flowers and gardens.
OWNER
Any person, legal entity, corporation, partnership, financial
institution, bank, credit union, savings, and loan company, an investment
firm, municipal or corporation, municipal authority, nonprofit organization
of any type, or other group acting as a unit, having an ownership
interest, whether legal or equitable, in real property.
PERSON
An individual, corporation, partnership, financial institution,
bank, credit union, savings, and loan company, an investment firm,
municipal or corporation, municipal authority, nonprofit organization
of any type, or other group acting as a unit, having an ownership
interest, whether legal or equitable, in real property.
PREMISES
Has the same meaning as property.
PROPERTY
Any unimproved or improved real property, or portion thereof,
located within the Borough and includes the buildings or structures
located on the property regardless of condition.
RUBBISH
Combustible and noncombustible waste material, except garbage.
The term shall include the residue from burning of wood, coal, coke
and other combustible materials, paper, rags, cartons, boxes, wood,
excelsior, rubber, leather, tree branches, yard trimmings. Tin cans,
metals, mineral matter, glass, crockery, dust, and other similar materials.
STRUCTURE
Any portion of that which is built, constructed or affixed
to the land.
VACANT
Any building or structure that is not legally occupied.
These sections shall be considered cumulative and nor superseding
or subject to any other law or provision of the same, but rather be
an additional remedy available to the Borough above and beyond any
other state, county or Borough ordinance applicable to any violation
or condition that is covered under this article.
The Borough or its designee shall establish a registry cataloging
each abandoned property within the Borough, containing the information
required by this article.
Any person who owns a property located within the Borough shall
have performed by the Borough or its designee an inspection within
10 days of purchase and if a property is vacant it shall be inspected
by the owner or his duly appointed designee/agent monthly until the
property becomes legally occupied.
All blighted real property is hereby declared to be a public
nuisance, the abatement of which pursuant to the police power of the
Borough is hereby declared to be necessary for the health, welfare,
and safety of the residents of the Borough. Nothing herein shall be
deemed to alter or otherwise supersede the terms "public nuisance"
or "nuisance" as used elsewhere in this article.
Adherence to this article does not relieve any person, legal
entity or agent from any other obligations set forth in the Borough
Code, any other Borough ordinances or any other applicable, federal,
state or county law, which may apply to the property. Upon transfer
of title of a vacant property to a new owner, the original owner shall
be responsible for all violations of this article or any other applicable
Borough ordinance, and the original owner shall be responsible for
meeting with the Borough Code Enforcement Officer within 20 days of
the date of transfer for a final inspection report and the original
owner shall abate all violations cited in the inspection report within
45 days of the date of the report.
Whoever opposes, obstructs or resists any enforcement officer
or any person authorized by the enforcement officer or Borough in
the discharge of duties provided for in this article shall be subject
to punishment for any crimes committed covered under state or federal
law in addition to being subject to a summary offense to be filed
with a Magisterial District Judge having jurisdiction over matters
occurring in the Borough. Upon conviction of the offense be subject
to a minimum fine of $300 and a maximum fine of $1,000 for each offense
and/or up to 90 days imprisonment, plus pay all filing fees and the
cost of prosecution.
Any enforcement officer or any person authorized by the Borough
to enforce the provisions of this article shall be immune from prosecution,
civil or criminal, for reasonable, good-faith entry upon real property
while in the discharge of duties imposed and/or performed under this
article.
Any person who violates or permits the violation of any portion
of this article shall be upon conviction in a summary nontraffic proceeding
subject to a minimum fine of $300 and a maximum fine of $1,000, plus
the costs of prosecution including all filing fees and costs associated
therewith. These proceedings shall be filed in a Court having jurisdiction
over matters involving Plymouth Borough. All actions involving fines
shall be filed with a Magisterial District Judge having jurisdiction
over matters occurring in the Borough.
If any section, sentence, clause or phrase of this article is
held to be invalid or unconstitutional by any court of competent jurisdiction,
then said ruling shall in no way affect the validity of the remaining
portions of this article.