[Adopted 6-9-2021 by Ord. No. 997]
A.
It is the purpose and intent of the Borough of Irwin to establish
a process to address the amount of deteriorating real property located
within the Borough, which includes but is not limited, to vacant and
abandoned property and properties 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.
It is the Borough's intent to specifically establish a vacant
or abandoned residential property program as a mechanism to protect
the Borough from becoming blighted through the lack of adequate maintenance
and security of abandoned properties.
C.
For the protection and promotion of the public health, safety, and
welfare of the citizens of the Borough of Irwin, 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 article.
The following words, terms and phrases, when used in these sections
of the article, 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, police officer, or building inspector employed
by the Borough.
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 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 of competent jurisdiction.
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.
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.
The owner of vacant and/or abandoned real property shall register
the property with the Borough within 30 days of the vacancy or abandonment
of the property, and semiannually thereafter, by January 1 and July
1 of each year the property remains vacant and/or abandoned. The owner
shall register the property with the Borough, or its designee, on
forms provided by the Borough. Within 10 days of the property being
lawfully occupied, the owner shall provide notice of the same to the
Borough. The registration fee shall not be prorated based upon the
date of registration.
B.
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 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 Borough, or its designee, on forms
provided by the Borough.
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 Borough.
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 article of Chapter 169 shall be set from time to time by Council by way of resolution and put on the Borough's fee schedule. 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 Borough or its designee.
A.
Properties subject to this Article III 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 Borough's ordinances, including, by example
and not limitation, the Borough'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 Borough's ordinances, the Borough'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 Borough's Code and subject the
owner or mortgagee to the enforcement provisions of this Article and
the Borough Code.
H.
All utilities must be shut off and disconnected for any structure
vacant for more than 30 days. Property owner shall make interior and
exterior of the structure available for inspection and confirmation
of shut off and disconnection.
A.
Properties subject to this article 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 Borough, the owner
or mortgagee shall provide a copy of the inspection reports to the
Borough or its designee.
The enforcement officer or its designee shall have authority to require the owner and/or mortgagee of any property affected by this article 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 § 169-21, 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 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 Borough 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 Borough
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 Borough 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 Borough 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 Borough 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 as
adopted by the Borough (with amendments thereto), then such structure
may be condemned under the provisions of the Property Maintenance
Code. If and when the Borough elects to condemn the property, all
continuing and future action by the Borough shall be governed by the
requirements of the Property Maintenance Code.
Any Borough officer or employee or any person authorized by the Borough to take action pursuant to this Article III 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 article.
Whenever real property or an owner and/or mortgagee is in violation of the provision(s) of this Article III, the enforcement officer or its designee shall provide notice of such violation to the owner and/or mortgagee, detailing the violation and the appropriate corrective action. Notice shall be by way of certified, restricted delivery mail requiring the signature of the owner and/or mortgage. If the same is returned as nondeliverable or not accepted by said owner and/or mortgagee, the notice of violation shall be mailed to the owner and/or mortgage by way of regular first class mail and the notice shall also be conspicuously posted on the real property for a period of 14 days. The posted notice shall be in a clear plastic sleeve with the opening taped so as to lessen the affect of moisture on the notice. All notices of violation shall be accompanied by a copy of this Article III. The owner shall have 10 days to comply with the notice of violation. The ten-day period shall begin on the date that the owner and/or mortgagee accepted the certified, restricted delivery mail, or upon the completion of the fourteen-day posting requirement. Failure to comply with the notice may lead to enforcement of this Article III pursuant to § 169-22.
A.
It shall be a violation of this Article III 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 as required by the provisions of this Article III.
(4)
To fail to perform the inspection and maintenance relating to properties so that they are maintained in a secure manner as required by the provisions of this Article III.
B.
Penalties and remedies.
(1)
Any person who shall violate any of the provisions of this article shall be guilty of a summary offense and, upon conviction thereof before a Magisterial District Judge, shall be sentenced to pay a fine of $1,000 and the cost of prosecution for each and every offense, and in default of payment thereof, shall be sentenced to imprisonment in Westmoreland County Prison for not more than 30 days. Each violation and each day of violation shall constitute a separate offense. If an appeal is duly and timely filed, pursuant to § 169-23, the Borough shall stay enforcement proceedings before the Magisterial District Judge until resolution of the appeal.
(2)
In addition to prosecution of the persons violating this Article III, 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 enforce the provisions of this article. The remedies and procedures of this article are not intended to supplant or replace, to any degree, the remedies provided to the Borough in the Borough's Property Maintenance Code, Uniform Construction Code, Zoning Ordinance, or any other Borough Code, or ordinance.
A.
Any person aggrieved by the issuance of a notice of violation may
file an appeal from that notice to the Borough Council within 10 days
of the notice of the violation. The appeal shall set forth the factual
and legal basis as to why the Borough's action against such real
property, owner and/or mortgagee was unlawful. A public hearing shall
be heard on the appeal within 30 days of the filing of the appeal,
at which time the appellant shall present their appeal. The Borough
employee, official, enforcement officer or designee responsible for
the action giving rise to the appeal may make a presentation to the
Borough Council. The Borough Council shall issue a decision on the
appeal following the presentment of the appeal and prior to the close
of the public hearing.
B.
Any person aggrieved by any decision of the Borough Council relevant
to the provisions of this article may appeal to the Westmoreland County
Court of Common Pleas within 30 days of the decision.
