[HISTORY: Adopted by the City Council of the City of Monessen 10-13-2020 by Ord. No.
11-2020. Amendments noted where applicable.]
This chapter may be cited as the "Monessen Vacant, Abandoned,
and Foreclosed Property Registration Ordinance" or the "Monessen Vacant
Property Ordinance."
A.
The purpose and intent of the City of Monessen is to require the
registration of all vacant buildings and the payment of registration
fees in order to assist the City in protecting the public health,
safety and welfare, to monitor the number of vacant properties in
the City, to assess the effects of the condition of those buildings
on nearby businesses and the neighborhoods in which they are located,
particularly in light of fire safety hazards and unlawful, temporary
occupancy by transients, including illicit drug users and traffickers,
and to require of the owners of such vacant buildings their registration
and the payment of related fees, and to promote substantial efforts
to rehabilitate such vacant buildings. It is the desire of the City
of Monessen to ameliorate the amount of deteriorating real property
located within the City, which includes but is not limited to property,
whether vacant or occupied, about which a public notice of default
has been filed, is in foreclosure, or where ownership has been transferred
to lender or mortgagee by any legal method.
B.
The provisions of this section are applicable to the owners of such
vacant buildings as set forth herein and are in addition to and not
in lieu of any and all other applicable provisions of the Monessen
City Code, and all relevant codes and/or regulations adopted therein.
C.
It is the City's intent to specifically establish a vacant or abandoned
residential property program, as a mechanism to protect the City from
becoming blighted through the lack of adequate maintenance and security
of abandoned properties.
D.
It is the City's intent to establish a Blight Fund from the fees
collected due to violations of this chapter. The Blight Fund will
be established in an interest-bearing account, and will be for the
sole purpose to address the City's blight and the effects that blight
has on neighborhoods and quality of life, within the City of Monessen.
E.
For the protection and promotion of the public health, safety, and
welfare of the citizens of the City of Monessen, the Mayor and City
Council hereby establish the rights and obligations of owners, mortgagees
and property management companies of vacant and abandoned properties
within the City and encourages owners, mortgagees and property management
companies to maintain and secure such property through registration
and compliance with this chapter.
The following words, terms and phrases, when used in these sections
of this chapter, shall have the meanings ascribed to them in this
section, except where the context clearly indicates a different meaning:
Any property that is vacant or is subject to a mortgage under
a current notice of default or notice of mortgagee's sale, pending
tax claim sale or vacant properties that have been the subject of
a foreclosure sale where the title was retained by the beneficiary
of a mortgage involved in the foreclosure and any properties transferred
under a deed in lieu of foreclosure or sale.
Funds dedicated specifically for addressing blight and the
issues they cause in the City.
The City of Monessen.
City Council of the City of Monessen.
Any Building Official, zoning inspector, Code Enforcement
Officer, health officer, police officer, fire inspector or Building
Inspector employed by the City.
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 not be limited to, overgrown
or dead vegetation, accumulation of abandoned personal property, extensive
or pervasive damage of improvements to real property, broken or boarded
up windows and/or doors, statements by neighbors, passers-by, delivery
agents or government agents, among other evidence that the property
is vacant.
The process by which a property, placed as security for a
real estate loan, is sold at public sale to satisfy the debt if the
borrower defaults.
A conveyance of title to property that is given as security
for the payment of debt or the performance of a duty and that will
become void upon payment or performance according to the stipulated
terms.
One to whom property is mortgaged or the mortgage creditor
or lender.
A mortgagee who takes control of mortgaged land by agreement
with the mortgagor, usually upon default of the loan secured by the
mortgage.
Any person, agent, operator, firm or corporation having a
legal or equitable interest in real property; or recorded in the official
records of the commonwealth, county or City as holding title to the
property; or otherwise having control of the property, including the
guardian of the estate of any such person, and the trustee, executor
or administrator of the estate of such person if authorized by law
to take possession of real property, or if ordered or authorized to
take possession of real property by a court.
An individual, sole proprietorship, business organization,
corporation, partnership or any other group and/or entity acting as
a unit.
A property manager, property maintenance company or similar
entity or individual responsible for the maintenance of abandoned
real property.
Any building/structure that is not legally occupied. The
definition shall not include properties that are subject to a valid
building permit. A lawfully operated and duly registered student house,
pursuant to Monessen City Code, shall not be considered vacant if
unoccupied for the duration of a traditional break from classes.
These sections shall be considered cumulative and not superseding
or subject to any other law or provision for same, but shall rather
be an additional remedy available to the City above and beyond any
other state, county or local provisions for same.
A.
The requirements of this chapter shall be applicable to each owner
of any building or property, whether governmental, commercial, residential
or institutional or owned by nonprofit or a for-profit organization
in which the building in total shall have been vacant for more than
30 days of the vacancy or abandonment of the property, and annually
thereafter. Each such owner shall cause to be filed a notarized registration
statement, which shall include the street address and parcel number
of each such vacant building or property, the names and addresses
of all owners, as hereinafter described, and any other information
deemed necessary by the City of Monessen Code Department. The registration
statement and, where applicable, registration fee(s) shall be billed
by the Code Enforcement Department, and such registration statement
and, where applicable, registration fee(s), shall be filed with and/or
paid to the and submitted to the Monessen Treasurer's Office, on or
before November 15, or if November 15 falls on Saturday or Sunday
by the preceding Friday, of each year. For purposes of this chapter,
registration application initially shall be due on November 13, 2020.
For purposes of this section, the following shall also be applicable:
(1)
If the owner is a corporation, the registration statement shall provide
the names and residence addresses of all officers and directors of
the corporation and shall be accompanied by a copy of the most recent
relevant filing with the Pennsylvania Department of State.
(2)
If an estate, the name and business address of the executor of the
estate;
(3)
If a trust, the name and address of all trustees, grantors and beneficiaries;
(4)
If a partnership, the names and residence addresses of all partners
with an interest of 10% or greater;
(5)
If any other form of unincorporated association, the names and residence
addresses of all principals with an interest of 10% or greater;
(6)
If an individual person, the name and residence address of that individual
person.
B.
Any mortgagee who holds a mortgage on real property located within
the City shall, upon default by the mortgagor and prior to the issuance
of a notice of default, perform an inspection of the property that
is the security for the mortgage. If the property is found to be vacant
or shows evidence of vacancy, it shall be deemed abandoned real property
and the mortgagee shall, within 10 days of the inspection, register
the property with the City, or its designee, on forms provided by
the City.
C.
If the property is occupied but the mortgage on the property remains
in default, the property shall be inspected to determine vacancy or
occupancy status by the mortgagee or his designee monthly until the
mortgagor or other party remedies the default, or 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 providing the date of
last inspection on forms provided by the City.
D.
Registration pursuant to this section shall contain the name of the
owner and/or mortgagee, and such person's direct mailing address,
a direct contact name and telephone number, facsimile number, and
email address, the tax number and address of the vacant and/or abandoned
property, and the name and twenty-four-hour contact phone number of
the property management company responsible for the security and maintenance
of the property, if one exists.
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, and the property remains
vacant.
F.
The registration fees charged pursuant to this chapter shall be set
from time to time by the Council by way of resolution and put on the
City's Fee Schedule. The Council may set different fees rates for
residential and commercial properties.
G.
Properties subject to this section shall remain under the registration
requirement, security and maintenance standards of this section as
long as they remain vacant.
H.
Any person or corporation that has registered a property under this
section must report any change of information contained in the registration
in writing within 10 days of the change to the City or its designee.
A.
If none of the persons listed in § 292-5 is shown at an address within the state, the registration statement also shall provide the name and address of a person who resides within the state and who is authorized to accept service of process on behalf of the owners and who shall be designated as a responsible, local party or agent, both for purposes of notification in the event of an emergency affecting the public health, safety or welfare and for purposes of service of any and all notices or registration statements as herein authorized and in connection herewith.
B.
Registration shall be required for all vacant buildings, whether
vacant and secure, vacant and open or vacant and boarded, and shall
be required whenever any building has remained vacant for 30 consecutive
days or more. In no instance shall the registration of a vacant building
and the payment of registration fees be construed to exonerate the
owner, agent or responsible party from responsibility for compliance
with any other Building Code, Housing Code, Property Maintenance,
or Quality of Life requirement. One registration statement may be
filed to include all vacant buildings of the owner so registering.
C.
The owner of the vacant property as of November 15 of each calendar
year shall be responsible for the filing of their registration statement
and, where applicable, registration payment of the nonrefundable registration
fee. Said fee shall be billed by the Code Enforcement Department,
and payment shall be remitted to the Monessen Treasurer's Office.
(1)
The registration fees for vacant buildings within the City to be
imposed in accordance with this chapter as set forth herein:
(a)
Registration fees: $65 per building.
(2)
The inspection fees for vacant properties within the City to be imposed
in accordance with this chapter as set forth herein:
(a)
Inspection fees: $130 per building. (This fee shall include the initial
inspection and one reinspection.)
(3)
Subsequent reinspections shall be charged at $65 each.
D.
Upon the registration of a property, the Code Enforcement Officer
may conduct an inspection of the property to determine if it complies
with the Monessen City Code. If the Code Officer finds violations
of the City Code, the Department shall issue a notice of violation
as per the requirements of those Codes and give notice to the owner
to comply with the Codes.
E.
The Fire Department or Code Enforcement Officer are hereby authorized
and directed to make inspections at any reasonable hour to determine
compliance with the Fire Prevention and/or Property Maintenance Codes.
For this purpose, the Department, its officers or representatives
are authorized to enter and examine any building, structure, yard
or part of either and every owner, operator or occupant shall allow
the Department, its officers or representatives free access. Inspection
may be postponed by the City due to illness of one or more occupants
of the premises or other emergency.
F.
Whenever the owner, mortgagee, purchaser or other interested party
requests a special inspection of a property regulated by this chapter,
or certification that a property is in compliance with this chapter
or other applicable City ordinances pertaining to structural condition;
when such a request is being made in connection with the sale, conveyance,
transfer, financing or refinancing of such property; then such person
shall first pay a fee to the City to defray the expenses of making
such inspection. The fee shall be established by resolution of Council.
Registration fees shall become dedicated to an interest-bearing
account, and shall be used for the sole purpose of addressing issues
in Monessen pertaining to blight and its effects on neighborhoods,
as well as neighborhood stabilization. In the City's budget, this
line item shall be named "Monessen Blight Fund Revenue/Expenditures."
Fines for violations of this chapter shall go to the City's General
Fund.
A.
Properties subject to this chapter shall be kept free of weeds, overgrown
brush, dead vegetation, trash, junk, debris, building materials, any
accumulation of newspapers, circular, flyers, notices (except those
required by federal, state, or local law), abandoned vehicles, portable
storage devices, 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 City's ordinances, including, by example and
not limitation, the City's Property Maintenance Code.
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 landscaping shall
not include weeds, gravel, broken concrete, asphalt or similar material.
E.
Maintenance shall include, but not be limited to, cutting, trimming,
and mowing of required ground cover or landscape and removal of all
trimmings.
F.
Pools and spas shall be maintained so that the water remains free
and clear of pollutants and debris, and does not cause a danger to
the public health, safety, and welfare. Pools and spas shall comply
with all requirements of the City's ordinances, the City's Property
Maintenance Code, and Pennsylvania Uniform Construction Code, as amended
from time to time.
G.
Failure of the owner or mortgagee to properly maintain the property
may result in a violation of the City's Code Department and subject
the owner or mortgagee to the enforcement provisions of this chapters
and the Monessen City Code.
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 shall be secured by reglazing of the window.
C.
If the owner and/or mortgagee is unable or unwilling to perform maintenance
and inspections itself, the owner or mortgagee shall contract with
a property management company who shall perform monthly inspections
to verify compliance with the requirements of this section and any
other applicable laws. Upon the request of the City, the owner or
mortgagee shall provide a copy of the inspection reports to the City
or its designee.
D.
Failure of the owner and/or mortgagee to properly maintain the property
will result in a violation of this chapter and the City Code, which
will result in the issuance of an appropriate citation.
The Code Enforcement Officer or its designee shall have authority
to require the owner and/or mortgagee of any property affected by
this chapter to implement maintenance 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 prevent a decline of the property. The enforcement
officer or its designee shall exercise this authority through the
issuance of a notice of violation, pursuant to Monessen City Code,
which outlines the appropriate corrective action. Further, in view
of the last referenced authority, it is specifically declared that:
A.
In the event that the owner and/or mortgagee fail to take appropriate
action to secure the structure within 10 days of demand by the Code
Enforcement Officer or designee as outlined above, and the enforcement
officer determines that the unsecured structure presents a danger
to the public health, safety, and welfare of the community, the City
may secure the structure, and charge the owner and/or mortgagee for
the actual costs of securing the structure, including the cost of
using a City employee to secure the structure. If the condition of
the real property creates an immediate danger to the public health,
safety, and welfare of the community, the City is authorized to immediately
secure the structure, issue the notice of violation, and charge the
owner and/or mortgagee for the actual costs of securing the structure,
including the cost of using a City employee to secure the structure.
B.
Whenever a structure or equipment is determined by the enforcement
officer or its designee to be unsafe, or when the enforcement officer
or City determines that a structure is unfit for human occupancy or
found to be unlawful such that said structure shall be subject to
condemnation proceedings under the Property Maintenance Code and other
applicable Monessen City Codes, as adopted by the City of Monessen
(with any amendments thereto), then such structure may be condemned
under the provisions of the Property Maintenance Code and other applicable
Monessen City Codes. If and when the City elects to condemn the property,
all continuing and future action by the City shall be governed by
the requirements of the Property Maintenance Code and other applicable
Monessen City Codes.
Any City officer or employee or any person authorized by the
City to take action pursuant to this chapter shall be immune from
prosecution, civil or criminal, for reasonable, good faith trespass
upon real property while in the discharge of duties imposed by this
chapter.
[Amended 5-11-2021 by Ord. No. 1237]
A.
A one-time, one-year waiver of the registration fee may be granted
by the Code Enforcement Department upon application of the owner and
upon review and advice of the Solicitor's Office, within 15 calendar
days of the date of the bill for the registration fee, if the owner:
(1)
Demonstrates with satisfactory proof to the Code Enforcement Department
that they have submitted valid architectural plans, based on the City's
permits and planning application procedures, and otherwise has shown
good faith efforts to efficiently rehabilitate, demolish, or otherwise
substantially repair or improve said vacant building; or
(2)
Demonstrates with satisfactory proof to the Code Enforcement Department
that they are actively marketing the property for sale/lease.
(a)
"Actively marketing" will be defined as an owner has placed
a "for sale" or a "for lease" sign on the property with accurate contact
information, which is also provided to the Code Enforcement Department,
and has done at least one of the following:
B.
Demonstrates that the owner has recently died, and the estate, family,
or other official and legal designee is actively cleaning the property,
and preparing it for sale, estate sale, or other related event.
C.
Any and all vacant properties in the City of Monessen shall not be
exempt from this chapter or the fees associated with it, if the property
is being used as a storage unit; especially, where said property is
not zoned for such use.
D.
Properties that are vacant, but that are actively and regularly maintained,
kept up to code; and that have no property taxes, utility liens, or
any other payments owed to the City shall be exempt from the annual
vacant property fee for a duration of time not to exceed three years.
Within 30 days after the waiver application is received by the
Code Enforcement Department or City Treasurer's Office, and upon review
and advice of the Solicitor's Office, the Code Enforcement Department
and designees shall grant or deny the waiver in writing, and dispatch
the written decision by mail to the owner.
After the owner is given notice of the amount of the registration
fee due, and the owner fails to pay the amount due, said amount shall
constitute a debt due and owing to the City, and the City may enter
a lien on the property as provided by law.
If the status of the registration information changes during
the course of any calendar year, it is the responsibility of the owner,
responsible party or agent for the same to contact the Code Enforcement
Department or City Treasurer's Office within 30 days of the occurrence
of such change and advise the department in writing of those changes.
The failure or refusal for any reason of any owner, or agent
of an owner acting on behalf of the owner, to file a registration
statement or to pay any fees required to be paid pursuant to the provisions
of this chapter, within 30 days after notice, shall constitute a violation
punishable upon conviction thereof by a fine in the amount of not
less than $500 nor more than $1,000 for the first two continual and
uncorrected failures or refusals to register, or for each failure
or refusal to pay and not exceeding $5,000 for the third and any subsequent
continual and uncorrected failure or refusal to register or for each
subsequent failure or refusal to pay or imprisonment for any term
not exceeding 90 days or both. Unpaid fines shall be registered as
a lien against the violating building.
Nothing in this chapter shall be construed to abridge or alter
the remedies now existing at common law, by statute or by ordinance,
but the provisions of this chapter are in addition to such remedies.
In the event any provision, section, sentence, clause or part
of this chapter shall be held to be invalid, such invalidity shall
not affect or impair any of the remaining provisions, sections, sentences,
clauses, or parts of this chapter; it being the intent of the City
of Monessen that the remainder of the chapter shall be and shall remain
in full force and effect.
This chapter shall come into effect 10 days after enactment.
