This chapter may be cited as the "Monessen Vacant, Abandoned,
and Foreclosed Property Registration Ordinance" or the "Monessen Vacant
Property Ordinance."
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:
ABANDONED REAL PROPERTY
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.
BLIGHT FUND
Funds dedicated specifically for addressing blight and the
issues they cause in the City.
CITY
The City of Monessen.
COUNCIL
City Council of the City of Monessen.
ENFORCEMENT OFFICER
Any Building Official, zoning inspector, Code Enforcement
Officer, health officer, police officer, fire inspector or Building
Inspector employed by the City.
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 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.
FORECLOSURE
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.
MORTGAGE
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.
MORTGAGEE
One to whom property is mortgaged or the mortgage creditor
or lender.
MORTGAGEE IN POSSESSION
A mortgagee who takes control of mortgaged land by agreement
with the mortgagor, usually upon default of the loan secured by the
mortgage.
OWNER
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.
PERSON
An individual, sole proprietorship, business organization,
corporation, partnership or any other group and/or entity acting as
a unit.
PROPERTY MANAGEMENT COMPANY
A property manager, property maintenance company or similar
entity or individual responsible for the maintenance of abandoned
real property.
VACANT
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.
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.
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:
[1]
Engaged the services of a real estate licensee, whose name,
address, telephone number and email will be provided to the Code Enforcement
Department, in the Multiple Listing Service (MLS);
[2]
Placed weekly advertisements in print or electronic media;
[3]
Distributed printed advertisements.
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.