[HISTORY: Adopted by the Township Council of the Township
of Upper Darby as indicated in article histories. Amendments noted
where applicable.]
[Adopted 8-18-2021 by Ord. No. 3102[1]]
[1]
Editor's Note: This ordinance superseded former Art. I, Registration,
adopted 2-3-2021 by Ord. No. 3090.
The following words, terms and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning.
To include, but not be limited to, Upper Darby Township's
Codified Ordinances ("Township Code").
Any law enforcement officer, building official, zoning inspector,
code enforcement officer, fire inspector or building inspector, or
other person authorized by the Township 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.
Any real property located in the Township that is in default
on a mortgage, has had a lis pendens filed against it by the mortgagee
holding a mortgage on the property, is subject to an ongoing foreclosure
action by the mortgagee, is subject to an application for a tax deed
or pending Tax Assessor's lien sale, or has been transferred
to the mortgagee under a deed in lieu of foreclosure. The designation
of a property as "foreclosed" 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.
The legal process by which a mortgagee, or other lienholder,
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, lienholder, 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
as the assignee or owner.
Every person, entity, or mortgagee who, alone or severally
with others, has legal or equitable title to any real property as
defined by this article; has legal care, charge, or control of any
such property; is in possession or control of any such property; and/or
is vested with possession or control of any such property. The property
manager shall not be considered the owner.
Any party designated by the owner as responsible for inspecting,
maintaining and securing the property as required in this article.
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 Township limits.
Any real property located in the Township, 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 judgment 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 Township to allow mortgagees and owners the opportunity
to register properties and pay applicable fees as required in this
article.
Six months from the date of the first action that requires
registration, as determined by the Township, 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 Township codes. This includes, but is not limited to, electrical,
gas, water, sewer, lawn maintenance, pool maintenance, and snow removal.
Any parcel of land in the Township that contains any building
or structure that is not lawfully occupied.
An owner of any building or structure that is not legally
occupied.
Pursuant to the provisions of this article, the Township shall
establish a registry cataloging each abandoned property within the
Township, containing the information required within.
A.
Mortgage foreclosed properties.
(1)
Any mortgagee who holds a mortgage on real property located within
Upper Darby Township shall perform an inspection of the property to
determine vacancy or occupancy, upon default by the mortgagor, as
evidenced by a foreclosure filing. The mortgagee shall, within 10
days of the inspection, register the property with the Department
of Licenses and Inspections or its designee in a form provided by
the Township, 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.
(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 vacant, and
the mortgagee shall, within 10 days of that inspection, update the
property registration to a vacancy status on forms provided by the
Township.
(3)
Registration pursuant to this section shall contain the name of the
mortgagee and the server, the direct mailing address of the mortgagee
and the server, a direct contact name and telephone number for both
parties, and email address for both parties, the folio or 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, if applicable.
(4)
At the time of initial registration, each registrant shall pay a
nonrefundable semiannual registration fee for each property. Subsequent
nonrefundable semiannual renewal registrations of properties and fees
are due within 10 days of the expiration of the previous registration.
Said fees shall be used to offset the costs of: 1) registration and
registration enforcement, 2) code enforcement and mitigation related
to defaulted properties, 3) post-closing counseling and foreclosure
intervention limited to owner-occupied persons in default, which may
not include cash and mortgage modification assistance, and 4) any
related purposes as may be adopted in the policy set forth in this
article. Said fees shall be deposited to a special account in the
Township's department dedicated to the cost of implementation
and enforcement of this article, and fulfilling the purpose and intent
of this article. None of the funds provided for in this section shall
be utilized for the legal defense of foreclosure actions.
(5)
Each individual property on the registry that has been registered
for 12 months or more prior to the effective date shall have 30 days
to renew the registration and pay the nonrefundable semiannual 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
semiannual 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
article. 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 article. 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 semiannual 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 title is transferred to the mortgagee
as well as any properties transferred to the mortgagee under a deed
in lieu of foreclosure or by any other legal means.
(10)
Properties subject to this section shall remain subject to the
semiannual registration requirement, and the inspection, security,
and maintenance standards of this section as long as the property
remains a registrable property.
(11)
Failure of the mortgagee and/or property owner of record to
properly register or to modify the registration to reflect a change
of circumstances as required by this article is a violation of this
article and shall be subject to enforcement by any of the enforcement
means available to the Township.
(12)
If any property is in violation of this article, the Township
may take the necessary action to ensure compliance with and/or place
a lien on the property for the cost of the outstanding obligation
and any additional cost incurred to the property into compliance.
(13)
Registration of foreclosure property does not alleviate the
mortgagee and/or owner from obtaining all required licenses, permits
and inspections required by applicable codes or state statutes. Acquisition
of required licenses, permits and inspections or registration of rental
property does not alleviate the requirement for the property to be
registered under this section. The mortgagee and/or owner is expected
to update the status of the property in the event of a mortgagee-managed
rental.
B.
Tax foreclosed properties.
(1)
Any owner of a property that is the subject of a tax foreclosure
shall, within 30 days of notice of the tax foreclosure action, register
the property with the Department of Licenses and Inspections on forms
provided by the Township, 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.
(2)
If the property is occupied but remains the subject of tax foreclosure,
it shall be inspected by the owner or his/her designee every 30 days
until: 1) the owner or other party remedies the default; or 2) if
it is vacant, the owner shall, within 10 days of the vacancy, update
the property registration to a vacancy status on forms or website
address provided by the Township.
(3)
Registration pursuant to this section shall contain the name of the
owner, and its agent, if applicable, the mailing address of the owner
and the server, the contact name and telephone number for any and
all responsible parties related to the property, and email address
for all parties, the folio or 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, if applicable.
A.
Any owner of vacant property located within the Township shall, within
10 days after the property becomes vacant, register the real property
with the Township registry.
B.
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.
C.
At the time of initial registration, each registrant shall pay a
nonrefundable semiannual registration fee for each vacant property.
Subsequent nonrefundable semiannual renewal registrations of vacant
properties and fees are due within 10 days of the expiration of the
previous registration. Said fees shall be used to offset the costs
of: 1) registration and registration enforcement, 2) code enforcement
and mitigation related to vacant properties, and 3) for any related
purposes as may be adopted in the policy set forth in this article.
Said fees shall be administered by the Township, under direction of
the Mayor, which fulfills the purpose and intent of this article.
D.
If the property is sold or transferred, the new owner is subject
to all the terms of this article. Within 10 days of the transfer,
the new owner shall register the vacant property. 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.
E.
If the vacant property is not registered, or either the registration
fee or the semiannual registration fee is not paid within 30 days
of when the registration or semiannual registration is required pursuant
to this section, a late fee equivalent to 10% of the semiannual 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.
F.
Properties subject to this section shall remain subject to the semiannual
registration requirement and the inspection, security, and maintenance
standards of this section as long as the property is vacant.
G.
Failure of the owner to properly register or to modify the registration
to reflect a change of circumstances as required by this article is
a violation of this article and shall be subject to enforcement by
any of the enforcement means available to the Township.
H.
If any property is in violation of this article, the Township 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 bring the property into compliance.
I.
Properties registered as a result of this section are not required
to be registered again pursuant to the foreclosure mortgage property
section.
A.
A nonrefundable semiannual registration fee shall be assessed as
per the Upper Darby Township fee schedule and shall accompany the
registration form. This fee shall be paid within 10 days of the expiration
of the previous registration.
B.
All registration fees must be paid directly from the mortgagee, servicer,
trustee or owner. Third-party registration fees are not allowed without
the consent of the Township or its designee.
C.
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.
D.
Properties subject to this article shall remain under the semiannual
registration requirements of this section and the inspection requirements
of this article.
E.
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 said change.
F.
Failure of the mortgagee and/or owner to properly register or to
modify the registration form from time to time to reflect a change
of circumstances as required by this article is a violation of this
article and shall be subject to enforcement.
Any person, business or entity who shall violate any provision
of this article shall be liable, upon conviction therefor, to fines
and penalties of not less than $500 nor more than $1,000 plus costs
of prosecution, and any such fines and penalties as may be collected
as provided by law.
All abandoned real properties are subject to the requirements
contained within the Township's Property Maintenance Ordinance.
Adherence to this article 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.
This article shall become effective immediately after enactment
according to law and shall remain in effect hereafter until revised,
amended or revoked by action of Upper Darby Township.
