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:
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.
ENFORCEMENT OFFICER
Any Building Official, Zoning Inspector, Code Enforcement
Officer, Health Officer, Fire Inspector or Building Inspector appointed
by the Borough Council.
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 real property, as defined
herein, statements by neighbors, passersby, 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 who 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 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.
PERSON
An individual, corporation, partnership or any other group
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.
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.
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 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.
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.