[HISTORY: Adopted by the City Council of the City of Allentown 10-17-2012 by Ord. No. 15026 (Article 1731 of the 1962 Codified Ordinances). Amendments noted
where applicable.]
It is the purpose and intent of the City to establish a process
to address the deterioration and blight of City neighborhoods caused
by an increasing amount of abandoned, foreclosed or distressed real
property located within the City, and to identify, regulate, limit
and reduce the number of abandoned properties located within the City.
It is the City's further intent to establish a registration program
as a mechanism to protect neighborhoods from becoming blighted due
to the lack of adequate maintenance and security of abandoned and
foreclosed properties.
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:
Any real property located in the City, 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 an ongoing foreclosure action by the lender, is subject
to an application for a tax deed or pending tax assessor's lien sale,
or has been transferred to the 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.
To include, but not be limited to, Chapter 660, Zoning, of the City's Code, Chapter 455, Property Rehabilitation and Maintenance, of the City's Code, Chapter 393, Neighborhood Improvement, of the City's Code, Chapter 525, Solid Waste, Articles I, II and III, of the City's Code, and the Pennsylvania Building and Fire Codes.
Properties that have broken or severely damaged windows, doors,
walls, or roofs which create hazardous conditions and encourage trespassing;
or
Properties whose maintenance is not in conformance with the
maintenance of other neighboring properties causing a decrease in
value of the neighboring properties; or
Properties cited for a public nuisance pursuant to the City
codes; or
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 lacks maintenance
as required by the applicable codes.
Any law enforcement officer, Building Official, Zoning Inspector,
Code Enforcement Officer, Fire Inspector of Building Inspector, or
other person authorized by the City to enforce the applicable code(s).
Any person, legal entity or other party having any ownership
interest, whether legal or equitable, in real property. This term
shall also 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 abandoned real property.
Any building or structure that is not legally occupied.
This chapter shall be considered cumulative and not superseding
or subject to any other law or provision for same, but rather be an
additional remedy available to the City above and beyond any other
state, county or local provisions for same.
Pursuant to the provisions of § 135-5, the City or designee shall establish a registry cataloging each abandoned property within the City, containing the information required by this chapter.
A.
Any mortgagee who holds a mortgage on real property located within
the City of Allentown shall perform an inspection of the property
to determine vacancy or occupancy, upon default by the mortgagor.
The mortgagee shall, within 10 days of the inspection, register the
property with the Bureau of Building Standards and Safety, or designee,
on forms or website access provided by the City and indicate whether
the property is vacant or occupied. A separate registration is required
for each property, whether it is found to be vacant or occupied.
B.
If the property is occupied but remains in default, it shall be inspected
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 on forms provided by the
City.
C.
Registration pursuant to this section shall contain the name of the
mortgagee and the server, the direct mailing address of the mortgagee
and the server, a direct contact name and telephone number for both
parties, facsimile number and email address for both parties, the
PIN 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.
All registration fees must be paid directly from the mortgagee, servicer,
trustee, or owner. Third-party registration fees are not allowed without
the consent of the City and/or its authorized designee.
E.
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.
F.
Properties subject to this section shall remain under the annual
registration requirement, and the inspection, security and maintenance
standards of this section as long as they remain vacant or in default.
G.
Any person or legal entity that has registered a property under this
section must report any change of information contained in the registration
within 10 days of the change.
H.
Failure of the mortgagee and/or owner to properly register or to
modify the registration form from time to time to reflect a change
of circumstances as required by this chapter is a violation of the
chapter and shall be subject to enforcement.
I.
Pursuant to any administrative or judicial finding and determination
that any property is in violation of this chapter, the City may take
the necessary action to ensure compliance with and place a lien on
the property for the cost of the work performed to benefit the property
and bring it into compliance.
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.
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 applicable code(s) at the time registration
was required.
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 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 and/or owner to properly maintain the property
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 City. Pursuant to a finding and determination by the City's
Code Enforcement Officer, Magisterial District Judge or a court of
competent jurisdiction, the City 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 City.
A.
Properties subject to this chapter 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 mortgage on a property is in default, and the property has become
vacant or abandoned, a property manager shall be designated by the
mortgagee 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.
All abandoned real property is hereby declared to be 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 City.
Adherence to this chapter does not relieve any person, legal
entity or agent from any other obligations set forth in any applicable
code(s), which may apply to the property. Upon offer for sale or transfer
of title to the property, the owner shall be responsible to apply
to the City's Bureau of Building Standards and Safety office for a
pre-sales inspection.
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
and/or owner, and may bring the violations before the Magisterial
District Judge as soon as possible to address the conditions of the
property.
B.
The Code Enforcement Officer or Magisterial District Judge shall
have the authority to require the mortgagee and/or owner of record
of any property 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
Code Enforcement Board or Magisterial District Judge may direct the
City to abate the violations and charge the mortgagee with the cost
of the abatement.
D.
If the mortgagee does not reimburse the City for the cost of temporarily
securing the property, or of any abatement directed by the Code Enforcement
Officer or Magisterial District Judge, within 30 days of the City
sending the mortgagee the invoice then the City may lien the property
with such cost, along with an administrative fee as determined in
the City's fee ordinance to recover the administrative personnel services.
Whoever opposes obstructs or resists any enforcement officer
or any person authorized by the enforcement office in the discharge
of duties as provided in this chapter shall be punishable as provided
in the applicable code(s) or a court of competent jurisdiction.
Any enforcement officer or any person authorized by the City
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.
A.
A nonrefundable registration fee in the amount of $200 per property
shall accompany the registration form.
B.
Any person who shall violate the provisions of this chapter may be
cited and fined. The following table shows violations of these sections,
as may be amended from time to time, which may be enforced pursuant
to the provisions of this chapter; and the dollar amount of civil
penalty for the violation of these sections as it may be amended.
The descriptions of violations below are for informational purposes
only and are not meant to limit or define the nature of the violations
or the subject matter of the City code sections, except to the extent
that different types of violations of the Code section may carry different
civil penalties. For each Code section listed in the schedule of civil
penalties, the entirety of the section may be enforced by the mechanism
provided in this section, regardless of whether all activities prescribed
or required are described in the "Description of Violation" column.
To determine whether a particular activity is prescribed or required
by this Code, the relevant City Code section(s) shall be examined.
|
Description of Violation
|
Civil Penalty
|
|---|---|
|
Failure to register abandoned real property on annual basis
and/or any violation of the sections stated within
|
$500
|
