The following words and phrases, when used in this Part, shall have
the meanings given to them in this section unless the context clearly
indicates otherwise.
ABANDONED
Any real property located in the Township, whether vacant
or occupied, that is in default on a mortgage, has 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 the
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.
ACCESSIBLE PROPERTY/STRUCTURE
A property or structure that unauthorized persons may gain
entry to the interior space through a compromised/breached/unsecured
gate, door, fence, wall, window, or other point of entry.
ACT
The Act of October 27, 2010 (P.L. 875, No. 90), 53 Pa.C.S.A.
Ch. 61, known as the Neighborhood Blight Reclamation and Revitalization
Act.
AGREEMENT
Any agreement or written instrument that provides title to
the residential properties, and shall be transferred or conveyed from
one owner to another owner after the sale, trade, transfer or exchange.
APPLICABLE CODES
To include, but not be limited to, the Township's Property
Maintenance Code, the Zoning Ordinance, Building Code, Fire Code,
the Pennsylvania Building and Fire Codes, the UCC, and the Township's
Codified Ordinances.
BENEFICIARY
A lender or other entity under a note secured by a deed of
trust.
BLIGHTED PROPERTY
A.
Property that has broken or severely damaged windows, doors,
walls, or roofs which create hazardous conditions and encourage trespassing;
B.
Property whose maintenance is not in conformance with the maintenance
of other neighboring properties, causing a decrease in value of the
neighboring properties;
C.
Properties cited for a public nuisance pursuant to the applicable
codes; or
D.
Properties that endanger the public's health, safety, or
welfare because the properties are vacant and abandoned or improvements
thereon are dilapidated, deteriorated, or violate minimum health and
safety standards or lack maintenance as required by the applicable
codes.
BOARD
Means and shall refer to the Township Board of Supervisors
or other body granted jurisdiction to render decisions in accordance
with the Municipalities Planning Code, the Second Class Township Code,
or any board authorized to act in a similar manner by law.
BUYER
Any person, co-partnership, association, corporation, or
fiduciary that agrees to transfer anything of value in consideration
for property described in an agreement of sale.
DAYS
Consecutive calendar days.
DEED IN LIEU OF FORECLOSURE
A recorded document that transfers property from the trustor
to the holder of deed of trust upon consent of the beneficiary of
the deed of trust.
DEED OF TRUST
An instrument by which title to real estate is transferred
to a third-party trustee as security for a real estate loan. May be
used in place of a mortgage in some places.
DEFAULT
A failure to fulfill a contractual obligation, monetary or
conditional.
DISTRESSED
A property that is introduced to a foreclosure procedure.
EVIDENCE OF VACANCY
Any condition visible from the exterior that on its own,
or combined with other conditions present, would lead a responsible
person to believe that the property is vacant. Such conditions would
include, but are not limited to, overgrown and/or dead vegetation,
accumulation of newspapers, circular, flyers, mail, past-due utility
notices or disconnected utilities, accumulation of trash, junk, debris,
the absence of furnishings, window coverings such as blinds or drapes,
absence of personal items consistent with residential habitation,
and statements from neighbors, passersby, delivery agents, and government
employees that the property is vacant.
FIELD SERVICE PROVIDER
An individual, entity or department that is responsible for
inspecting, securing and maintaining an abandoned property.
FORECLOSURE
The process by which a property, placed as security for a
real estate loan, is sold at auction to satisfy the debt if the borrower
defaults.
INSPECTION
A physical investigation at a property to obtain evidence
of occupancy or vacancy and/or to verify compliance with this Part
and any other applicable code or law. Although interior inspections
may be allowed under a deed of trust, they are not required by this
Part.
NOTICE OF DEFAULT
A recorded notice that a default has occurred under a Deed
of Trust and that the beneficiary intends to proceed with a trustee
sale.
OWNER
A holder of the title to residential, commercial, or industrial
real estate, who possesses and controls the real estate. The term
includes, but is not limited to, heirs, assigns, and beneficiaries
and lessees, provided this ownership interest is a matter of public
record, including lessees under leases for which a memorandum of lease
is recorded in accordance with the Act of June 2, 1959 [P.L. 254 (Vol.
1), No. 86], 21 P.S. § 405, as well as a person, co-partnership,
association, corporation or fiduciary having a legal or equitable
title or any interest in any real property.
PROPERTY
An unimproved or improved property, or portion thereof, situate
in the Township, and includes the buildings or structures located
on the property, regardless of condition.
RESIDENTIAL
Any property or portion thereof situated in the Township
designated or permitted to be used for dwelling purposes, and shall
include all buildings and structures located on such property. This
shall include any property being offered for sale, trade, transfer
or exchange as residential, whether or not it is legally permitted
and/or zoned for such use.
RESPONSIBLE PARTY
The beneficiary that is pursuing foreclosure of a property
subject to this Part secured by a mortgage, deed of trust or similar
instrument or a property that has been acquired by the beneficial
interest at a trustees sale.
SECURING
Such measures as may be directed by the Code Enforcement
Officer so that the property is not accessible to unauthorized persons,
including, but not limited to, the repairing of fences and walls,
chaining/padlocking gates, and the repair or boarding of doors, windows
or other openings. Boarding shall be completed to a minimum of the
current HUD standards at the time the boarding is completed or required.
Locking includes measures that require a key, keycard, tool or special
knowledge to open or gain access.
SERIOUS VIOLATION
A violation of a state law and/or applicable code (as defined
herein) that poses an imminent threat to the health and safety of
a dwelling occupant, occupants in surrounding structures or passersby.
Property found to be a public nuisance is also considered to be a
serious violation.
SUBSTANTIAL STEP
An affirmative action as determined by the Township Code
Enforcement Officer on the part of a property owner or managing agent
to remedy a serious violation of a state law or municipal code, including,
but not limited to, physical improvements or repairs to the property,
which affirmative action is subject to appeal in accordance with applicable
law.
TOWNSHIP PERMIT
Shall mean and refer to privileges relating to real property
granted by the Township, including, but not limited to, building permits,
exceptions to zoning ordinances, and occupancy permits. The term includes
approvals pursuant to land use ordinances other than decisions on
the substantive validity of a zoning ordinance or map or the acceptance
of a curative amendment.
TRUSTEE
The person, firm, entity, or corporation holding the deed
of transfer secured by the property.
TRUSTOR
A borrower under a deed of trust, who deeds property to a
trustee as security for the payment of a debt.
VACANT
A building/structure that is not legally occupied for a period
of 60 calendar days or more. Exception: This definition shall not
apply to properties where owners have, for reasons such as extended
vacations, nursing home care, or temporary employment, not occupied
their homes for over 90 days but intend to return and have notified
the Township of their intentions.