[HISTORY: Adopted by the Borough Council of the Borough of
Summit Hill 3-26-2018 by Ord. No.
2-2018. Amendments noted where applicable.]
A.
Purpose and intent.
(1)
It is the purpose and intent of the Borough of Summit Hill to establish
a process to address the amount of deteriorating real property located
within the Borough, which includes 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.
(2)
It is the Borough's further intent to specifically establish
an abandoned residential property program as a mechanism to protect
residential neighborhoods from becoming blighted through the lack
of adequate maintenance and security of abandoned properties.
B.
For the protection and promotion of the public health, safety and
welfare of the citizens of the Borough of Summit Hill, the Borough
Council hereby establishes the rights and obligations of owners, mortgagees
and property management companies of vacant and abandoned properties
within the Borough 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 the 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.
Any Building Official, Zoning Inspector, Code Enforcement
Officer, Health Officer, Fire Inspector or Building Inspector appointed
by the Borough Council.
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 real property, as defined
herein, statements by neighbors, passersby, 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 who 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 Borough 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, corporation, partnership or any other group
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.
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 Borough above and beyond
any other state, county or local provisions for same.
A.
Any mortgagee who holds a mortgage on real property located within
the Borough shall, upon default by the mortgagor and prior to the
issuance of the 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, is shall be deemed abandoned
real property and the mortgagee shall, within 10 days of the inspection,
register the property with the Borough, or its designee, on forms
provided by the Borough or through a website designated by the Borough.
A registration is required for each property whether vacant or occupied.
B.
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 the last inspection on forms provided by the Borough.
C.
Registration pursuant to this section shall contain the names of
the mortgagee and the servicer, the direct mailing address of both
parties, a direct contact name and telephone number for both parties,
a facsimile number and email address for both parties, the folio and
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.
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.
E.
A registration fee in the amount of $200 per property shall accompany
the registration form(s).
F.
Properties subject to this section shall remain under the registration
requirement, security and maintenance standards of this section as
long as they remain vacant.
G.
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 Borough or its designee.
A.
Properties subject to this section shall be kept free of weeds, overgrown
brush, dead vegetation, trash, junk, debris, building material, 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.
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 designated 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, watering, irrigation,
cutting, 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. Pools and spas shall comply with
all requirements of the Borough's ordinances, the Borough's
Property Maintenance Code,[2] and Pennsylvania Uniform Construction Code, as amended
from time to time.
G.
Failure of the mortgagee or property owner of record to properly
maintain the property may result in a violation of the Borough's
Code and issuance of a citation or notice of violation.
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 property is owned by a corporation or mortgagee that is unable
or unwilling to perform maintenance and inspection itself, the corporation
or mortgagee shall contract with a property management company shall
be contracted to perform biweekly inspections to verify compliance
with the requirements of this section, and any other applicable laws.
D.
The mortgage shall inspect or have inspected the property on a biweekly
basis to ensure that the property is in compliance with this chapter.
Upon the request of the Borough, the mortgagee shall provide a copy
of the inspection reports to the Borough or its designee.
E.
Failure of the mortgagee or property owner of record to properly
maintain the property will result in a violation of the Borough chapter
and will result in the issuance of a citation. Pursuant to a finding
and determination by the Borough's Code Enforcement Office, the
Borough may take the necessary action to ensure compliance with this
chapter.
The Borough, or its designee, shall have authority to require
the mortgagee or owner of record of any property affected by this
chapter, to implement additional 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. Further, in view of the last-referenced authority, it is
specifically declared that:
A.
Whenever a structure or equipment is determined by the Enforcement
Officer to be unsafe, or when the Enforcement Officer 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 Borough's Property Maintenance Code[1] as adopted by the Borough of Summit Hill (with amendments
thereto), then such unsafe structure or equipment or structure unfit
for inhabitancy shall be condemned under the provisions of the Borough's
Property Maintenance Code as adopted by the Borough of Summit Hill
(with amendments thereto).
B.
At the point of condemnation by the Enforcement Officer as identified in § 347-7A above, all continuing and future action by the Enforcement Officer and all penalties and procedures shall be governed by the requirements of the International Property Maintenance Code as adopted by the Borough of Summit Hill (with amendments thereto) which such code and amendments are incorporated herein by reference as though set forth at length.
Any Enforcement Officer or any person authorized by the Enforcement
Officer 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.
A.
It shall be a violation of this chapter to commit or permit any other
person to commit any of the following acts:
(1)
To fail to perform any inspection or to register any property required by § 347-4 of this chapter.
(4)
To fail to perform the inspection and maintenance relating to properties so that they are maintained in a secure manner pursuant to the provisions of § 347-5 of this chapter.
(5)
To refuse to permit inspections required under this chapter.
(6)
To place any false information on or to omit relevant information
from the application for registration provided pursuant to this chapter.
(7)
To fail or refuse to comply with any other provision of this chapter.
B.
Penalties and remedies.
(1)
Any person who shall violate any of the provisions of this chapter
shall be guilty of a summary offense and, upon conviction thereof
before a Magisterial District Judge, shall be sentenced to pay a fine
of $500, and the cost of prosecution, for each and every offense and,
in default of payment thereof, shall be sentenced to imprisonment
in Carbon County prison for not more than 30 days. Each violation
and each day of violation shall constitute a separate offense.
(2)
In addition to prosecution of the persons violating this chapter,
a Borough Enforcement Officer, Borough Solicitor, or any other duly
authorized agent of the Borough may bring such civil or equitable
actions, seeking civil or equitable remedies, in any appropriate court
of record of the Commonwealth of Pennsylvania against any persons
and/or property, real or personal, to effect the provisions of this
chapter. The remedies and procedures of this chapter are not intended
to supplant or replace, to any degree, the remedies provided to the
Borough in the Borough's Property Maintenance Code;[1] Uniform Construction Code;[2] Chapter 475, Zoning; or any other Borough code, ordinance or resolution.
A.
Any person aggrieved by the action of the Borough or its designee
relevant to the provisions of this chapter may appeal to the Borough's
UCC Appeals Board within 30 days of that action.
B.
Any person aggrieved by any decision of the Borough or the Borough's
UCC Appeals Board relevant to the provisions of this chapter may appeal
to the Carbon County Court of Common Pleas within 30 days of the decision.
If any section, clause, sentence or phrase of this chapter is
for any reason held invalid or unconstitutional by a court of competent
jurisdiction, the holding shall not affect the validity of the remaining
portions of this chapter.
All sections or parts of sections of the Borough ordinances,
all ordinances or part of ordinances, and all resolutions, in conflict
with the chapter are repealed to the extent of such conflict.
This chapter shall be effective upon passage in accordance with
the requirements of the Borough Code.
