[HISTORY: Adopted by the Municipal Council of the Municipality
of Monroeville 5-14-2019 by Ord.
No. 2702. Amendments noted where applicable.]
This chapter shall be known as the "Municipality of Monroeville
Vacant and Abandoned Property Ordinance" (the "Ordinance").
As used in this chapter, the following terms shall have the
meanings indicated:
Any real property, including, but not limited to, vacant
lots, buildings and structures located in the Municipality, that is
subject to a mortgage and is either: in default of a mortgage for
which a mortgagee has obtained a judgment in foreclosure; in default
of a mortgage and subject to an application or proceeds for a tax
deed or pending tax claim bureau or Tax Assessor sale for unpaid property
taxes; in default of a mortgage and subject to an application or proceedings
for a sheriff sale for unpaid claims, debts or obligations; or in
default of a mortgage and has been transferred to a mortgagee by deed
in lieu of foreclosure, or any similar document. The designation of
real property as "abandoned" shall remain in place until such time
as the property is sold or transferred to a new owner, the foreclosure
action has been dismissed, and any default on the mortgage has been
cured.
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 its interior by unauthorized persons.
All of the applicable codes, ordinances, laws and regulations
of the Municipality in effect at the adoption of this chapter, or
hereafter adopted and/or amended.
Property that has broken or severely damaged or deteriorated
windows, doors, walls and/or roof, which create hazardous conditions
and encourage trespassing by unauthorized individuals;
Property that is not being maintained in conformance with reasonable
standards and is causing a decrease in value of neighboring properties;
Property cited for public nuisance pursuant to applicable codes;
Property that endangers the public health, safety and/or welfare
due to being vacant and/or abandoned, and being dilapidated, deteriorated
or violating minimum health and safety standards, or property that
lacks maintenance as required by applicable codes.
Any individual authorized by the Municipality to enforce
the applicable codes.
The Municipality of Monroeville.
Any person, legal entity or other party having any ownership
interest, whether legal or equitable, in real property. This term
shall also apply to any person, legal entity or agent responsible
for the construction, maintenance and/or operation of the property
involved.
A property manager, property maintenance company or similar
entity or person responsible for the maintenance of abandoned property.
Any building or structure that is not legally occupied and
is not currently being offered for sale, rent or lease, evidence by
a sign posted on the property, and/or listed on an electronic database
accessible by the Municipality. In lieu of a sign located on the property,
a licensed realtor may submit written confirmation that the subject
property is listed for sale, rent or lease. This definition shall
not apply to properties where owners or occupants are temporarily
absent by reason of extended vacation, part-time seasonal residence,
illness, or temporary employment for a period in excess of 90 days
but intend to return to such property and have notified the Municipality
of their intentions.
This chapter shall be applicable to all abandoned real property
and vacant property located in the Municipality.
The Municipality or its designee shall establish a registration
system for each abandoned real property and/or vacant property within
the Municipality:
A.
Upon default of a mortgage on a property located in the Municipality
by the owner, the lender holding the mortgage on said property shall
perform an inspection on such property to determine vacancy or abandonment
of said property. If the lender finds the property to be vacant and/or
abandoned, the lender shall register the property with the designated
officer of the Municipality and pay the applicable required registration
fee. A separate fee is required for each vacant and/or abandoned property.
B.
If the property is in default but remains occupied, it shall be the
responsibility of the lender to inspect the property on a monthly
basis to determine a condition of vacancy or abandonment, and report
such condition to the Municipality within 10 days of finding such
property vacant and/or abandoned.
C.
Registration pursuant to this section shall include the name of the
lender and servicer; the direct mailing address of the lender and
servicer; and the name, contact telephone number, and email address
of the property management company or person responsible for the security
and maintenance of the property.
D.
All registration fees due pursuant to this chapter shall be paid
directly from the lender, servicer, trustee or owner.
E.
This section shall also apply to all properties that have been the
subject of foreclosure where title was transferred to the beneficiary
of the mortgage for said property, and any property transferred by
deed in lieu of foreclosure.
F.
Properties registered subject to this chapter shall remain under
an annual registration requirement and the other provisions of this
chapter for as long as they remain vacant and/or abandoned and in
default.
G.
Any person or entity which has registered a property pursuant to
this chapter shall remain responsible to update the required contact
information within 30 days of its receipt of such information. Failure
of the responsible party to promptly update such information shall
be a violation of this chapter.
H.
The provisions of this section shall also apply to all owners, servicers,
trustees, administrators, property managers and agents of all vacant
property and abandoned real property. All properties must be registered
immediately upon becoming vacant.
I.
Pursuant to any administrative or judicial finding and determination
that any property is in violation of this chapter, the Municipality
may take the necessary action to ensure compliance with such finding
or determination and may cause a lien to be placed upon the property
pursuant to the Pennsylvania Municipal Claims and Tax Liens Act[1] for the cost of bringing the property into compliance,
including reasonable attorneys' fees.
[1]
Editor's Note: See 53 P.S. § 7101 et seq.
A.
Properties subject to this chapter shall be maintained in a secure
manner, so as not to be accessible to unauthorized persons.
B.
For the purposes of Subsection A, keeping properties in a "secure manner" shall include, but not by way of limitation, the closure and locking of windows, doors, gates, garage doors, and all other openings of any kind that would permit the unauthorized entry of small children into the interior of the property. Broken windows, regardless of what level of the structure, shall be repaired by reglazing and replacement of broken glass panes.
C.
Failure of the responsible party to take the required action to secure
the property in accordance with this section shall constitute a violation
of this chapter.
All abandoned real property and/or vacant property is hereby
declared to constitute a public nuisance, the abatement of which pursuant
to the police power granted to the Municipality by this chapter and
the applicable codes is hereby declared necessary to protect the health,
safety and welfare of the citizens of the Municipality.
An inspection must be completed by the Municipality within 30
days of initial registration, and annually thereafter within 60 days
of the anniversary of the initial registration date, to determine
if the registered property complies with the applicable codes and
this chapter. The scheduling of such inspections shall be the sole
responsibility of the owner or the owner's representative.
If the Municipality believes that the a property subject to
this chapter poses a serious and imminent threat to the public health,
safety and welfare, the Municipality shall be entitled to temporarily
secure the property at the expense of owner and may subsequently cause
a lien to be placed upon the property pursuant to the Pennsylvania
Municipal Claims and Tax Liens Act[1] for the cost of bringing the property into compliance,
including reasonable attorneys' fees.
[1]
Editor's Note: See 53 P.S. § 7101 et seq.
A.
A nonrefundable initial registration fee in the amount of $250 per
property shall accompany the filing of the initial registration form.
Thereafter, the fee for annual renewal of registration shall be $250
per property. The Municipality may, at its option, modify the fee
structure by annual resolution of the Municipal Council.
B.
Any person, firm or entity who shall violate the provisions of this
chapter shall be subject to a fine of up to $1,000. Each day shall
constitute a separate violation.
If any section, subsection, sentence, clause or phrase of this
chapter is for any reason declared to be or held invalid or unconstitutional
by any court of competent jurisdiction, such shall be determined to
be a separate, distinct and independent provision, and such holding
shall not affect the validity of any other portion of this chapter.
All ordinances or parts of ordinances that conflict with this
chapter are hereby repealed.
This chapter shall become effective upon it adoption.
