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.
ACCESSIBLE PROPERTY/STRUCTURE
A property that is accessible through a compromised/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.
APPLICABLE CODES
To include, but not be limited to, Lower Paxton Township's
Zoning Ordinance, Property Maintenance Code, Solid Waste and Recyclables
Ordinance, and the state and Township Building and Fire Codes.
DEFAULT
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.
ENFORCEMENT OFFICER
Any law enforcement officer, Building Official, Zoning Officer,
Codes Enforcement Officer, Fire Marshal, or other person authorized
by Lower Paxton Township to enforce the applicable code(s).
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 are not limited to: overgrown
and/or dead vegetation; past-due utility notices and/or disconnected
utilities; accumulation of trash, junk or debris; abandoned vehicles,
auto parts and/or materials; the absence of furnishings and/or personal
items consistent with habitation or occupancy; the presence of an
unsanitary, stagnant swimming pool; the accumulation of newspapers,
circulars, flyers and/or mail; statements by neighbors, passersby,
delivery agents or government agents; and/or the presence of boards
over doors, windows or other openings in violation of applicable codes.
FORECLOSURE
The legal process by which a mortgagee, or other lienholder,
terminates 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. This definition
shall include, but is not limited to, public notice of default, a
deed in lieu of foreclosure, sale to the mortgagee or lienholder,
certificate of title and all other processes, activities and actions,
by whatever name, associated with the described process. The process
is not concluded until the property obtained by the mortgagee, lienholder,
or their designee, by certificate of title, or any other means, is
sold to a nonrelated bona fide purchaser in an arm's-length transaction
to satisfy the debt or lien.
MORTGAGEE
The creditor, including, but not limited to, trustees; mortgage
servicing companies; lenders in a mortgage agreement; any agent, servant,
or employee of the creditor; any successor in interest; or any assignee
of the creditor's rights, interests or obligations under the mortgage
agreement, excluding government entities.
OWNER
Any person, firm, corporation or other legal entity who,
individually or jointly or severally with others, holds the legal
or beneficial title to any building, facilities, equipment or premises
subject to the provisions of this chapter.
PROPERTY MANAGEMENT COMPANY
A company that is operating in compliance with state real
estate licensing rules and is under contract with an owner or mortgagee
to manage real property, including inspecting, maintaining, and securing
the property.
[Added 2-7-2023 by Ord. No. 23-01]
REAL PROPERTY
Any 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
Lower Paxton Township. Developed lots are considered improved land.
REGISTRABLE PROPERTY
A.
Any real property located in Lower Paxton Township, 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 nonrelated 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.
B.
Any property that is vacant for more than 30 days or any cancellation
of utilities or service, whichever occurs first.
SEMIANNUAL REGISTRATION
Six months from the date of the first action that requires
registration, as determined by Lower Paxton Township, 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.
VACANT
Any parcel of land in Lower Paxton Township that is not legally
occupied. Vacant property does not mean property that is temporarily
unoccupied while the residents are away on vacation, personal matters
or business, or is not intended by the owner to be left vacant, so
long as the period does not exceed 30 days.
These sections shall be considered cumulative and not superseding
or subject to any other law or provision for same, but rather an additional
remedy available to Lower Paxton Township above and beyond any other
state or Township provisions for same.
Pursuant to the provisions of §
152-5, Lower Paxton Township, or its designee, shall establish a registry cataloging each registrable property within the Township, containing the information required by this chapter.
[Amended 2-7-2023 by Ord. No. 23-01]
A. Any owner of vacant property located within the Township shall, within
30 days after the property becomes vacant, register the real property
with the Township registry. Vacant commercial property that is under
contract and managed by a property management company is exempt from
this registration requirement.
B. Initial registration pursuant to this section shall contain at a
minimum the name of the owner, the mailing address of the owner, email
address and telephone number of the owner, and, if applicable, the
name and telephone number of the property manager and said person's
address, email address, and telephone number.
C. At the time of initial semiannual registration, each registrant shall
pay a nonrefundable registration fee of $300 for each vacant property.
Subsequent nonrefundable semiannual renewal registrations of vacant
properties are due within 10 days of the expiration of the previous
registration with fees increasing as follows: first renewal (six to
12 months): $600; second renewal (12 to 18 months): $1,200; renewals
after 18 months: $1,200. The fees are structured in order to provide
appropriate incentives for owners of vacant buildings to care for
them properly, seek to fill them, and in appropriate cases demolish
them. Said fees shall be used to offset the costs of: 1) registration
and registration enforcement, 2) code enforcement and mitigation related
to vacant properties, and 3) for any related purposes as may be adopted
in the policy set forth in this chapter. Said fees shall be deposited
to a special account in the Township of Lower Paxton General Fund
dedicated to the cost of implementation and enforcement of this chapter
and fulfilling the purpose and intent of this chapter.
D. If the property is sold or transferred, the new owner is subject
to all the terms of this chapter. Within 10 days of the transfer,
the new owner shall register the vacant property or update the existing
registration. The previous owner(s) will not be released from the
responsibility of paying all previous unpaid fees, fines, and penalties
accrued during that owner's involvement with the vacant property.
E. If the vacant property is not registered, or either the registration
fee or the semiannual registration fee is not paid within 30 days
of when the registration or semiannual registration is required pursuant
to this section, a late fee equivalent to 10% of the semiannual registration
fee shall be charged for every thirty-day period, or portion thereof,
the property is not registered and shall be due and payable with the
registration. This section shall apply to the initial registration
and registrations required by subsequent owners of the vacant property.
F. Properties subject to this section shall remain subject to the semiannual
registration requirement and the inspection, security, and maintenance
standards of this section as long as the property is vacant.
G. Failure of the owner to properly register or to modify the registration
to reflect a change of circumstances as required by this chapter is
a violation of this chapter and shall be subject to enforcement by
any of the enforcement means available to the Township.
H. If any property is in violation of this chapter, the Township may
take the necessary action to ensure compliance and place a lien on
the property for the cost of the outstanding obligation and any additional
cost incurred to bring the property into compliance.
I. Properties registered as a result of this section are not required
to be registered again pursuant to the foreclosure mortgage property
section.