[HISTORY: Adopted by the Borough Council of the Borough of
Plymouth as indicated in article histories. Amendments noted where
applicable.]
[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:
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.
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.
Shall include:
Properties that have broken or severely damaged windows, doors,
walls or roofs which create hazardous conditions and encourage trespassing;
Properties whose maintenance is not in conformity with other
neighboring properties causing a decrease in the value of the neighboring
properties;
Properties cited for a public nuisance pursuant to any Borough
ordinance;
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.
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.
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.
A legal action of mortgage foreclosure filed by a lender,
including an assignee of a lender, in a court of competent jurisdiction.
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.
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.
A legal action of mortgage foreclosure filed by a lender
in a court of competent jurisdiction.
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.
A local property manager, property maintenance company or
similar entity responsible for the maintenance of a foreclosure property.
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.
A.
Any lender who holds a mortgage or other security interest on real
property located within the Borough shall perform an inspection of
the property to determine vacancy or occupancy, upon the filing of
a mortgage foreclosure action against the property/owner. The lender
shall within 10 days of the inspection register the property with
the office of code enforcement or the Borough, or its designee, on
the required forms and indicate whether the property is vacant or
occupied. A separate registration is required for each foreclosure
property, whether it is found to be vacant or occupied.
B.
If the property is occupied, it shall be inspected monthly by the
lender or its designee to verify continued occupancy. If the property
becomes vacant or shows evidence of vacancy, the lender shall, within
10 days of that inspection, update the property registration to vacancy
status on forms provided by the Borough.
C.
Registration pursuant to this section shall contain the name of the
lender and mortgage servicer, the physical mailing address of the
lender and mortgage servicer (not P.O. box), a direct contact name
and telephone number for both parties, a facsimile number and e-mail
address for both parties, the 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.
A nonrefundable registration fee in the amount of $300 per foreclosure property shall accompany the registration form and said amount shall be paid by the lender every six months thereafter until the property is no longer subject to registration as set forth in § 186-5G below.
E.
All registration fees must be paid directly by the lender or its
designated mortgage servicer. Third-party registration fees are prohibited
without the prior written consent of the Borough or its authorized
designee.
F.
This section shall apply to all properties where 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.
G.
Properties subject to this section shall remain under registration
and fee requirement and the inspection, security, and maintenance
standards of this article until such time as the property is sold
or transferred to a new owner, other than the lender, or when the
foreclosure action has been withdrawn or concluded in favor of the
mortgagor as evidenced by court records.
H.
Any lender that has registered a property under this section must
report any change of information contained on the registration form
within 10 days of its occurrence.
I.
Failure of the lender to properly register or to update the registration
form to reflect a change of circumstances as required under this section
shall be considered as a violation of this section and be subject
to enforcement and penalties as set forth under this article.
J.
Pursuant to any administrative or judicial finding and determination
that any property is in violation of this section, the Borough may
take the necessary action to ensure compliance with and place a lien
on the property for the cost of work performed to benefit the property
and/or to bring it in compliance with this article.
A.
Properties subject to this article 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 laws, 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 all Borough 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 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 shall be maintained so that water remains free and
clear of pollutants and debris and shall comply with regulations under
other applicable Borough ordinances.
G.
Failure of the lender to properly maintain the property may result
in a violation of other Borough ordinances and the issuance of a citation
or notice of violation. In accordance with the findings of the enforcement
officer or any person designated under any Borough ordinance or court
of competent jurisdiction, the Borough may take the necessary action
to ensure compliance with this article.
H.
In addition to the above, the property must be maintained in compliance
with all other applicable Borough ordinances.
A.
Properties subject to this article 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 reglazing of
the window.
C.
If a foreclosure property has become vacant, a property manager shall
be designated by the lender to perform the work necessary to bring
the property into compliance with the Borough Code or any property
maintenance codes that have been adopted by the Borough, and the property
manager must perform regular inspections to verify compliance with
the requirements of this article and any other applicable laws or
ordinances.
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.
A.
If the enforcement officer or any person or entity designated by
the Borough to enforce this article has reason to believe that a property
subject to this article is posing a serious threat to the public health,
safety or welfare, the enforcement officer may temporarily secure
the property at the expense of the lender or new owner.
B.
The enforcement officer or Borough designee shall have the authority
to require the lender or new owner of record of any property covered
by this article 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 the enforcement officer or Borough designee has reason to believe
that a property subject to this article is posing a serious threat
to the public health, safety or welfare, then the enforcement officer
or Borough designee may recommend to the Borough to abate the violations,
and the Borough may abate the violations and charge the lender or
new owner with the cost of abatement and take any and all lawful steps
to collect the same, including, but not limited to, placing a lien
on the property.
D.
If the lender or new owner does not reimburse the Borough for the
cost of temporarily securing the property or of any abatement thereof
within 30 days of the date of the Borough invoice, then the Borough
may lien the property with such costs along with an administration
fee of $500 to recover the administrative costs and fees connected
with the filing of the lien.
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.
A.
A nonrefundable registration fee of $300 per property shall accompany the registration form a specified in § 186-5D.
B.
Any person who shall violate the provisions of this article may be
cited and fined as follows:
(1)
Failure to register foreclosures upon or abandoned real property on annual basis and/or any violation of § 186-5 of this article. Fine is $500, plus all costs and fees associated with enforcement of the violation.
(2)
Failure to maintain foreclosed upon or abandoned real property as described in § 186-6 of this article. Fines include: $150 for the first offense; $300 for the second offense; $1,000 for the third and subsequent offense, plus all costs and fees associated with the enforcement of any violation. A violation is considered a subsequent offense if the violation occurs at the same property as the former violation and ownership has not changed since the former violation.
C.
Registration fees, penalties and any other charge or fee fixed under
this article can be modified by a resolution of Council, passed and
adopted in accordance with the Borough Code of the Commonwealth of
Pennsylvania.
D.
The above enforcement procedure is cumulative in nature and does
not limit the Borough to utilize any and all other available actions
in law or equity to enforce compliance with this article or to file
other actions applicable to address violations thereof.
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:
Any real property or structure, located within the Borough
that is vacant for more than 45 days.
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 of Plymouth, Luzerne County, Pennsylvania.
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.
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.
The animal or vegetable waste resulting from the handling,
preparation, cooking or consumption of food.
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.
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.
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.
Has the same meaning as 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.
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.
Any portion of that which is built, constructed or affixed
to the land.
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.
A.
If any property is found to be vacant or abandoned or shows evidence
of vacancy, then the owner shall register the property with the Borough
Code Enforcement Officer or its designee on a form or forms and pay
a registration fee of $300 per year for each and every year for each
property that meets the requirements requiring registration per this
article.
B.
Registration pursuant to this section shall contain the name of the
owner, the physical address of the property, the physical mailing
address of the owner and not P.O. box, a direct contact name and telephone
number for the owner(s) and the name, address and phone number for
the local management company responsible for the security, maintenance
and marketing of the property, a facsimile number and e-mail address
for all parties, the fax 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 and any other information
required by the Borough Code Enforcement Officer or the Borough's
designee.
C.
A nonrefundable annual registration fee in the amount of $300 per
property is required to register under this article. This fee will
be due during each calendar year and will not be prorated. The annual
fee shall accompany the registration form. The annual fee can be changed
by resolution of Council passed at a duly authorized public meeting.
D.
The fee will be valid for the calendar year or remainder of that
calendar year in which the registration fee was initially required.
Subsequent registrations and fees are due January 1 of each year and
must be paid by January 31 of the year due.
E.
Properties subject to this section shall remain under registration
and fee requirement and the inspection, security, and maintenance
standards of this article for so long as they remain vacant.
F.
Any owner that has registered a property under this article must
report any change of information contained on the registration form
within 10 days of its occurrence.
A.
Properties subject to this article 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 laws, 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 all Borough 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 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 shall be maintained so that water remains free and
clear of pollutants and debris and shall comply with regulations under
other applicable Borough ordinances.
G.
Failure of the owner to properly maintain the property may result
in a violation of other Borough ordinances and the issuance of a citation
or notice of violation. In accordance with the findings of the enforcement
officer or any person designated under any Borough ordinance or court
of competent jurisdiction, the Borough may take the necessary action
to ensure compliance with this article.
A.
Properties subject to this article shall be maintained in a secure
manner so as not to be accessible to unauthorized persons, vermin,
rats or pests.
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 reglazing of
the window.
C.
If a property manager is designated by the owner to perform the work
necessary to bring the property into compliance with the Borough Code
or any property maintenance codes that have been adopted by the Borough,
and the property manager must perform regular inspections to verify
compliance with the requirements of this article and any other applicable
laws or ordinances.
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.
A.
If the enforcement officer or any person or entity designated by
the Borough to enforce this article has reason to believe that a property
subject to this article is posing a serious threat to the public health,
safety or welfare, the enforcement officer may temporarily secure
the property at the expense of the owner.
B.
The enforcement officer or Borough designee shall have the authority
to require the owner of record of any property covered by this article
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 the enforcement officer or Borough designee has reason to believe
that a property subject to this article is posing a serious threat
to the public health, safety or welfare, then the enforcement officer
or Borough designee may recommend to the Borough to abate the violations,
and the Borough may abate the violations and charge owner with the
cost of abatement and take any and all lawful steps to collect the
same, including but not limited to placing a lien on the property.
D.
If the owner does not reimburse the Borough for the cost of temporarily
securing the property or of any abatement thereof within 30 days of
the date of the Borough invoice, then the Borough may lien the property
with such costs along with an administration fee of $500 to recover
the administrative costs and fees connected with the filing of the
lien.
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.
