[Ord. 576, 8/10/2015; as amended by Ord. No. 606, 2/10/2020]
It is the purpose and intent of the Borough to establish a process
to address the deterioration and blight of the Borough neighborhoods
caused by an increasing amount of abandoned, foreclosed, vacant or
distressed real property located within the Borough, and to identify,
regulate, limit and reduce the number of abandoned properties located
within the Borough. It is the Borough's further intent to establish
a registration program as a mechanism to protect the neighborhoods
from becoming blighted due to the lack of adequate maintenance and
security of abandoned, vacant and foreclosed properties.
[Ord. 576, 8/10/2015; as amended by Ord. No. 606, 2/10/2020]
The following words, terms and phrases, when used in this Part,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning.
Any vacant real property located in the Borough that is in
default on a mortgage and is subject to an ongoing foreclosure action
by the lender, or has been transferred to the lender under a deed
in lieu of foreclosure. The designation of a 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, window, etc., or a structure that is unsecured
and/or breached in such a way as to allow access to the interior space
by unauthorized persons.
To include, but not be limited to, the Borough's Zoning
Code, the Borough's Code of Ordinances ("Borough Code"), and
the Pennsylvania Building Code.
That the mortgagor has not complied with the terms of the
mortgage on the property, or the promissory note, or other evidence
of the debt, referred to in the mortgage.
Any law enforcement officer, building official, zoning inspector,
code enforcement officer, fire inspector or building inspector, or
other person authorized by the Borough to enforce the applicable code(s).
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 are not limited to: overgrown
and/or dead vegetation; past due utility notices and/or disconnected
utilities; accumulation of trash, junk or debris; abandoned vehicles,
auto parts and/or materials; the absence of furnishings and/or personal
items consistent with habitation or occupancy; the presence of an
unsanitary, stagnant swimming pool; the accumulation of newspapers,
circulars, flyers and/or mail; statements by neighbors, passersby,
delivery agents or government agents; and/or the presence of boards
over doors, windows or other openings in violation of applicable code.
The legal process by which a mortgagee, or other lien holder,
terminates or attempts to terminate a property owner's equitable
right of redemption to obtain legal and equitable title to the real
property pledged as security for a debt or the real property subject
to the lien. The legal process is not concluded until the property
obtained by the mortgagee, lien holder, or their designee, by certificate
of title, or any other means, is sold to a nonrelated bona fide purchaser
in an arm's length transaction to satisfy the debt or lien.
The creditor, including, but not limited to, trustees; mortgage
servicing companies; lenders in a mortgage agreement; any agent, servant,
or employee of the creditor; any successor in interest; or any assignee
of the creditor's rights, interests or obligations under the
mortgage agreement; or any other person or entity with the legal right
to foreclose on the real property, excluding governmental entities.
Any person, legal entity or other party having any ownership
interest whether legal or equitable, in real property, including,
without limitation, any mortgagee. This term shall also apply to any
person, legal entity or agent responsible for the construction, maintenance
or operation of the property involved.
A local property manager, property maintenance company or
similar entity responsible for the maintenance of abandoned real property.
Any residential or commercial land and/or buildings, leasehold
improvements and anything affixed to the land, or portion thereof
identified by a property parcel identification number, located in
the Borough limits.
Any real property located in the Borough, whether vacant or
occupied, that is encumbered by a mortgage subject to an ongoing foreclosure
action by the mortgagee or trustee, has been the subject of a foreclosure
action by a mortgagee or trustee and a judgement has been entered,
or has 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.
The designation of a foreclosure property as "registrable" shall remain
in place until such time as the property is sold to a nonrelated bona
fide purchaser in an arm's length transaction or the foreclosure
action has been dismissed; or
Any property that is vacant for more than 30 days or any cancellation
of utility or service, whichever occurs first.
A web-based electronic database of searchable real property
records, used by the Borough to allow mortgagees and owners the opportunity
to register properties and pay applicable fees as required in this
Part.
Six months from the date of the first action that requires
registration, as determined by the Borough, or its designee, and every
subsequent six months. The date of the initial registration may be
different than the date of the first action that required registration.
Any utility and/or service that is essential for a building
to be habitable and/or perform a service necessary to comply with
all Borough codes. This includes, but is not limited to, electrical,
gas, water, sewer, lawn maintenance, pool maintenance, and snow removal.
Any building or structure that is not occupied by owners
and/or tenants under a legal, valid and unexpired lease agreement.
[Ord. 576, 8/10/2015; as amended by Ord. No. 606, 2/10/2020]
These sections shall be considered cumulative and not superseding
or subject to any other law or provision for same, but rather be an
additional remedy available to the Borough above and beyond any other
state, county or local provisions for same.
[Ord. 576, 8/10/2015; as amended by Ord. No. 606, 2/10/2020]
The Borough or designee shall establish a registry cataloging
each abandoned property within the Borough, containing the information
required by this Part.
[Ord. 576, 8/10/2015; as amended by Ord. No. 606, 2/10/2020]
1.
Any mortgagee who holds a mortgage on real property located within
the Borough of East Lansdowne shall perform an inspection of the property
to determine vacancy or occupancy, upon default, as evidenced by a
foreclosure filing, by the mortgagor. The mortgagee shall, within
10 days of the inspection, register the property with the Code Enforcement
Officer, or designee, on forms or website access provided by the Borough,
and indicate whether the property is vacant or occupied. A separate
registration is required for each property, whether it is found to
be vacant or occupied. The sale of any mortgage by a mortgagee shall
not terminate or otherwise affect the requirements of this Part. The
requirements of this Part shall be applicable to and binding upon
any successor mortgagee or assignee or purchaser of a mortgage.
2.
If the property is occupied but remains in default, it shall be inspected
by the mortgagee or his designee monthly until 1) the mortgagor or
other party remedies the default, or 2) 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 the inspection, update the
property registration to a vacancy status on forms provided by the
Borough.
3.
Registration pursuant to this section shall contain the name of the
mortgagee, the direct mailing address of the mortgagee, a direct contact
name and telephone number, facsimile number and email address for
the mortgagee, the folio or tax number, and the name and twenty-four-hour
contact phone number of the property management compancy responsible
for the security and maintenance of the property.
4.
A nonrefundable semi-annual registration fee shall accompany the
registration form or website registration. The fee shall be $300 per
property upon enactment of this Part, but such fee may be revised
by resolution of Borough Council from time to time.
5.
Each individual property on the registry that has been registered
for 12 months or more prior to the effective date of this Part shall
have 30 days to renew the registration and pay the nonrefundable $300
semi-annual registration fee. Properties registered less than 12 months
prior to the effective date shall renew the registration every six
months from the expiration of the original registration renewal date
and shall pay the nonrefundable $300 semi-annual registration fee.
6.
If the mortgage and/or servicing on a registrable property is sold
or transferred, the new mortgagee is subject to all the terms of this
Part. Within 10 days of the transfer, the new mortgagee shall register
the property or update the existing registration. The previous mortgagee(s)
will not be released from the responsibility of paying all previous
unpaid fees, fines, and penalties accrued during that mortgagee's
involvement with the registrable property.
7.
If the mortgagee sells or transfers the registrable property in a
non-arm's length transaction to a related entity or person, the
transferee is subject to all the terms of this Part. Within 10 days
of the transfer, the transferee shall register the property or update
the existing registration. Any and all previous unpaid fees, fines,
and penalties, regardless of who the mortgagee was at the time registration
was required, including, but not limited to, unregistered periods
during the foreclosure process, are the responsibility of the transferee
and are due and payable with the updated registration. The previous
mortgagee will not be released from the responsibility of paying all
previous unpaid fees, fines, and penalties accrued during that mortgagee's
involvement with the foreclosed property.
8.
If the foreclosing or foreclosed property is not registered, or the
registration fee is not paid within 30 days of when the registration
or renewal is required pursuant to this section, a late fee equivalent
to 10% of the semi-annual registration fee shall be charged for every
thirty-day period, or portion thereof, the property is not registered
and shall be due and payable with the registration.
9.
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.
10.
Properties subject to this section shall remain under the annual
registration requirement, and the inspection, security and maintenance
standards of this section as long as they remain vacant or in default.
11.
Any person or legal entity that has registered a property under this
section must report any change of information contained in the registration
within 10 days of the change.
12.
Failure of the mortgagee and/or owner to property register or to
modify the registration form from time to time to reflect a change
of circumstances as required by this Part is a violation of the Part
and shall be subject to enforcement.
[Ord. 576, 8/10/2015; as amended by Ord. No. 606, 2/10/2020]
1.
Any owner of property located within the Borough that shall be vacant
for 30 consecutive days shall, within 10 days after the 30th day of
vacancy, register the real property with the Borough registry.
2.
Initial registration pursuant to this section shall contain at a
minimum the name of the owner, the mailing address of the owner, email
address, and telephone number of the owner, and if applicable, the
name and telephone number of the property manager and said person's
address, email address, and telephone number.
3.
At the time of initial registration each registrant shall pay a nonrefundable
semi-annual registration fee for each vacant property. The fee shall
be $300 per property upon enactment of this Part, but such fee may
be revised by resolution of Borough Council from time to time. Subsequent
nonrefundable Semi-Annual renewal registrations of vacant properties
and the applicable fees are due within 10 days of the expiration of
the previous registration.
4.
If the property is sold or transferred, the new owner is subject
to all the terms of this Part. Within 10 days of the transfer, the
new owner shall register the vacant property or update the existing
registration. The previous owner(s) will not be released from the
responsibility of paying all previous unpaid fees, fines, and penalties
accrued during that owner's involvement with the vacant property.
5.
If the vacant property is not registered, or either the registration
fee or the semi-annual registration fee is not paid within 30 days
of when the registration or semi-annual registration is required pursuant
to this section, a late fee shall be equivalent to 10% of the semi-annual
registration fee shall be charged for every thirty-day period or portion
thereof, the property is not registered and shall be due and payable
with the registration. This section shall apply to the initial registration
and registrations required by subsequent owners of the vacant property.
6.
Properties subject to this section shall remain subject to the semi-annual
registration requirement, and the inspection, security, and maintenance
standards of this section as long as the property is vacant.
7.
Failure of the owner to property register or to modify the registration
to reflect a change of circumstances as required by this Part is a
violation of this Part and shall be subject to enforcement by any
of the enforcement means available to the Borough.
8.
If any property is in violation of this Part the Borough may take
the necessary action to ensure compliance with and place a lien on
the property for the cost of the outstanding obligation and any additional
cost incurred to the property into compliance.
9.
Properties registered as a result of this section are not required
to be registered again pursuant to the foreclosure mortgage property
section.
[Ord. 576, 8/10/2015; as amended by Ord. No. 606, 2/10/2020]
1.
Properties subject to this Part shall comply with the Borough's
Property Maintenance Code, including, without limitation, provisions
requiring that the property be kept free of weeds, overgrown brush,
dead vegetation, trash, junk, debris, building materials, any accumulation
of newspapers, circulars, flyers, notices, except those required by
federal, state or local law, 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.
2.
The property shall be maintained free of graffiti or similar markings
by removal or painting over with an exterior paint that matches the
color of the exterior structure.
3.
Front, side and rear yards, including landscaping, shall be maintained
in accordance with the applicable code(s) at the time registration
was required.
4.
Yard maintenance shall include, but not be limited to, grass, ground
covers, brushes, shrubs, hedges or similar plantings specifically
for residential installation. Acceptable maintenance of yards and/or
landscapes shall not include weeds, gravels, broken concrete, asphalt
or similar material.
5.
Maintenance shall include, but not be limited to, watering, irrigation,
cutting and mowing of required ground cover or landscape and removal
of all trimmings.
6.
Pools and spas shall be maintained so the water remains free and
clear of pollution and debris and shall comply with the regulations
set forth in the applicable code(s).
[Ord. 576, 8/10/2015; as amended by Ord. No. 606, 2/10/2020]
1.
Properties subject to this Part shall be maintained in a secure manner
so as not to be accessible to unauthorized persons.
2.
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, doors, gates and other openings of such size that
may allow a child to access the interior of the property or structure
must be repaired. Broken windows shall be secured by reglazing or
replacing the window.
3.
If a mortgage on the property is in default, and the property has
become vacant or abandoned, or where the owner of a vacant property
resides more than 50 miles outside of the Borough, a property manager
shall be designated by the mortgagee or owner to perform the work
necessary to bring the property into compliance with the applicable
code(s) and this Part, and the property manager must perform regular
inspections to verify compliance with the requirements of this Part
and any other applicable laws.
[Ord. 576, 8/10/2015; as amended by Ord. No. 606, 2/10/2020]
All abandoned, foreclosure or vacant real property is hereby
declared to be a public nuisance, the abatement of which pursuant
to the police power is hereby declared to be necessary for the health,
welfare and safety of the resident of the Borough.
[Ord. 576, 8/10/2015; as amended by Ord. No. 606, 2/10/2020]
1.
Any person who shall violate the provisions of this Part shall, upon
conviction, be punished by a fine not to exceed $1,000, plus costs,
and in default of payment of said fine and costs, to a term of imprisonment
not to exceed 30 days. Each day that a violation continues shall constitute
a separate offense.
2.
The Borough may seek to enjoin violations of this Part by equitable
action for injunction or specific performance.
[Ord. 576, 8/10/2015; as amended by Ord. No. 606, 2/10/2020]
Adherence to this Part does not relieve any person, legal entity
or agent from any other obligations set forth in any applicable code(s),
which may apply to the property.
[Ord. 576, 8/10/2015; as amended by Ord. No. 606, 2/10/2020]
Any enforcement officer or any person authorized by the Borough
to enforce the sections here within shall be immune from prosecution,
civil or criminal, for reasonable, good faith entry upon real property
while in the discharge of duties imposed by this Part.
