[Ord. No. 957, 9/14/2020[1]]
1.
CODE ENFORCEMENT OFFICERS
CODES
COUNTY
DISRUPTIVE CONDUCT
A.
(1)
(2)
(3)
(4)
(5)
(6)
B.
C.
DISRUPTIVE CONDUCT LETTER
DISRUPTIVE CONDUCT REPORT
DWELLING TYPES
A.
B.
C.
OCCUPANT
OWNER
PERSON
PROPERTY MANAGEMENT COMPANY
PROPERTY MANAGER
RELATED PARTY
RESIDENTIAL RENTAL OCCUPANCY LICENSE
RESIDENTIAL RENTAL PROPERTY
RESIDENTIAL RENTAL REGISTRATION
RESIDENTIAL RENTAL UNIT
RESPONSIBLE AGENT
ROOMING HOUSE/BOARDINGHOUSE (DORMITORY)
ROOMING UNIT
TENANT
TOWNSHIP
TRANSIENT DWELLING
Except where the context clearly indicates otherwise, the terms used herein shall have the meanings ascribed to them in the Township's Property Maintenance Code, adopted in Chapter 5, Part 3, of the Code of the Township of Elizabeth. Additionally, the following words shall have the meaning ascribed to them in this section except where the context clearly indicates or requires a different meaning:
The Code Enforcement Officers of the Township of Elizabeth
as defined in the Property Maintenance Code and other ordinances of
the Township of Elizabeth.
The County of Allegheny, Pennsylvania.
Any act by an occupant of a residential rental unit or by a
person present at a residential rental unit that:
Is so loud, untimely as to the time of day, offensive and/or
nuisance-causing that it unreasonably interferes with the peaceful
enjoyment by other persons of their premises or causes damage to property
that is owned by others;
Involves music or noise that is disruptive to persons occupying
a different dwelling unit;
Involves music that is audible from a street, sidewalk or dwelling
from a minimum distance of 50 feet away from where the sound is originating;
Is the subject of a criminal citation for disorderly conduct
under the Pennsylvania Crimes Code;
Is the subject of a criminal citation under the Pennsylvania
Crimes Code or the Pennsylvania Liquor Code;
Involves the illegal possession of a controlled substance or
drug paraphernalia as defined by the Crimes Code or the Controlled
Substance, Drug Device and Cosmetic Act.
It is not necessary that such conduct, action, incident or behavior
constitute a criminal offense, nor that criminal charges be filed
against any person in order for said person to have perpetrated, caused
or permitted the commission of disruptive conduct, as defined herein;
provided, however, that no disruptive conduct will be deemed to have
occurred unless a police officer shall investigate and make a determination
that such did occur, and keep written records, including a disruptive
conduct report, of such occurrences. The occupant and the owner or,
if applicable, the responsible agent shall be notified of any such
occurrences, in writing.
A domestic violence victim with a protection from abuse order
shall not be subject to a disruptive conduct report if the police
officer determines, after investigation, that the behavior complained
of is the result of domestic violence.
A letter from the Township advising that a disruptive conduct
report has been filed and containing information including the following:
A written report of disruptive conduct to be completed by
a police officer, which shall be maintained by the Elizabeth Police
Department and a copy filed with Elizabeth Township Code Enforcement.
The following dwelling types are included in this chapter:
SINGLE-FAMILY DWELLINGA detached residential building containing one dwelling unit.
TWO-FAMILY DWELLINGA residential building that contains two dwelling units, each with a separate entrance directly to the outside.
MULTIFAMILY DWELLINGA residential building containing three or more dwelling units, each with a separate entrance directly to the outside.
Any person over one year of age living and sleeping in a
residential rental unit or having actual possession of such residential
rental unit.
Any person, agent, operator, housing authority or fiduciary
having legal, equitable or other interest in any real property, as
recorded in the official records of the state, county or municipality
as holding title to the real property; or otherwise having control
of the real property, including the guardian of the estate of such
person and the executor or administrator of such person's estate.
When used in this Part in a clause proscribing any activity or imposing
a penalty, the term, as applied to partnerships and associations,
shall mean each general partner; as applied to corporations and the
officers thereof; and as applied to limited liability companies and
the members and any managers thereof.
Any natural person, partnership, association, limited liability
company, corporation, firm or other similar entity.
A business that manages residential rental property, who
takes responsibility for the care, maintenance, tenant management
and supervision of the residential rental property under contract
with the owner of said property, including receiving notices, citations
or other mail from the Township on behalf of the owner.
An individual who manages residential rental property, or
who takes responsibility for the care, maintenance, tenant management
and supervision of the residential rental property under contract
with the owner, including receiving notices, citations or other mail
from the Township on behalf of the owner.
Any spouse or child of an owner, or any corporation, limited
liability company, partnership or other entity in which the owner,
the owner's spouse or an owner's child has an ownership
interest, whether equitable or legal.
A document issued annually by the Code Enforcement Department
of the Township of Elizabeth to the owner, responsible agent, property
manager or property management company of a residential rental unit
certifying the unit as licensed for being rented. Such license is
required for lawful rental and occupancy of residential rental units,
unless a Code Enforcement Officer certifies that violations of the
applicable codes are being corrected or that it is a registered rental
unit awaiting inspection. Whenever the word "license" is used herein,
it shall mean "residential rental occupancy license" as defined by
this definition.
Any parcel of real estate, including land and all buildings
and appurtenant structures and dwellings thereon that contain therein
one or more residential rental units. Whenever the word "property"
is used herein, it shall mean residential rental property as defined
by this definition.
The document issued by the Township of Elizabeth to the owner,
responsible agent, property manager or property management company
of a residential rental property evidencing the existence of said
residential rental property. A residential rental registration shall
be required for lawful rental and licensing of residential rental
units contained in said property. Rental registration does not warrant
the proper zoning, habitability, safety, or condition of the residential
rental unit in any way. Whenever the word "registration" is used herein,
it shall mean "residential rental registration" as defined by this
definition.
A rooming unit; or a dwelling let for rent; or a residential
unit occupied by any persons other than are occupied solely by the
owner and members of the owner's family. Each individual townhouse
dwelling, each individual apartment unit, each individual unit in
a multifamily building, each individual unit in a two-family dwelling,
and each rooming unit shall be considered a separate residential rental
unit. A residential rental unit shall not include a hospital room
utilized for medical services and personal care facilities. Whenever
the word "unit" is used herein, it shall mean "residential rental
unit" as defined by this definition.
Any person or entity that serves as the principal contact
for an owner that does not reside within the Township of Elizabeth,
Pennsylvania.
A building arranged or occupied for lodging, with or without
meals, for compensation and not occupied as a one- or two-family dwelling.
A portion of a dwelling unit, including any room or group
of rooms forming a single habitable unit used or intended to be used
for living and sleeping, but not for cooking purposes. Granting of
permission to use shared or common cooking facilities may be associated
with the leasing of a rooming unit.
An occupant of a unit with whom a legal relationship with
the owner is established by a lease or other enforceable agreement
under the laws of the Commonwealth of Pennsylvania.
The Township of Elizabeth, Allegheny County, Pennsylvania.
A one-family, two-family or multifamily dwelling which is
not occupied exclusively by the owner thereof and each dwelling unit
therein is not occupied pursuant to the terms of a written lease or
is occupied pursuant to a written lease with a term of less than one
month.
[1]
Editor's Note: This ordinance superseded former Part
1, Tenant Registration, (Ord. 561, 6/1/1987; as amended by Ord. 577,
8/1/1988).
[Ord. No. 957, 9/14/2020]
1.
It shall be the duty of every owner, property manager or property
management company of residential rental property to:
A.
General.
(1)
Keep and maintain all units in compliance with all applicable
codes, ordinances and provisions of all applicable local and state
laws and regulations, including, but not limited to, the Property
Maintenance Code of the Township of Elizabeth.
(2)
Keep and maintain all property in good and safe condition.
(3)
Be aware of, and to act to eliminate, disruptive conduct in
all units.
(4)
Employ policies to manage the units under his/her control in
compliance with the provisions of this Part and applicable state laws.
(5)
Pay or ensure payment of all real estate taxes, sewer rates,
water rates, and trash collection fees to ensure that such vital utilities
are provided.
(6)
Obtain a registration for each property.
(7)
Obtain and maintain a license for each unit.
(8)
Provide to the Township a listing of all tenants, including
contact information yearly for all residential rental units, by January
31 of each year.
(9)
Provide trash and recyclable collection and disposal services
and instruct tenants of the method of trash and recyclable collection
(e.g., curbside or dumpster) and, if applicable, the day of week of
trash and recyclable pickup.
(10)
Provide each tenant with a disclosure statement containing the
requirements of this Part, including the provisions relating to disruptive
conduct. Providing of a copy of this Part to each tenant will satisfy
this requirement.
(11)
Take all actions necessary to ensure that each unit is occupied
in accordance with the Township Zoning Ordinance.
B.
Designation of Property Manager or Property Management Company.
(1)
If the owner has contracted with a property manager or property
management company to manage units under their ownership, the owner
shall provide the Township with the name and address of the property
manager or property management company, telephone number and email
contact information, and a copy of the contract authorizing the property
manager or property management company to manage the units.
(2)
A property manager or property management company must be authorized
to receive notices and communications necessary or deemed to be appropriate
under the terms of the codes of the Township of Elizabeth on behalf
of the owner, including notices of violations and citations; provided,
however, that nothing contained herein shall affect the right of the
Township of Elizabeth to submit notices and communications directly
to the owner, rather than to the responsible agent.
C.
Designation of Responsible Agent.
(1)
If the owner of a property is not a full-time resident of the
Township of Elizabeth, then the owner shall designate a person to
serve as the responsible agent, who shall provide a twenty-four-hour
contact number and be able to travel to said property within one hour.
(2)
No license shall be issued to any owner, property manager, or
property management company for a unit unless such owner, property
manager, or property management company provides the Code Enforcement
Officer with the name, address and twenty-four-hour contact telephone
number of a designated responsible agent.
(3)
A responsible agent must be authorized to receive notices and
communications necessary or deemed to be appropriate under the terms
of the codes of the Township of Elizabeth on behalf of the owner;
provided, however, that nothing contained herein shall affect the
right of the Township of Elizabeth to submit notices and communications
directly to the owner, rather than to the responsible agent.
(4)
The owner, with the approval of the responsible agent, may choose
to designate the responsible agent to also receive service of original
process regarding notices of violation and citations.
(5)
Any owner to whom a license has been issued or any owner of
property who subsequently changes her/his place of residence or who
changes the designation of a responsible agent shall notify, in writing,
the Code Enforcement Officer within 10 days after such change.
D.
No owner, property manager or property management company may offer
for rent or assist in offering for rent, by advertising or otherwise,
any unit without first ascertaining that the property is properly
registered with the Township of Elizabeth. No unit may be occupied
prior to the unit being properly licensed.
[Ord. No. 957, 9/14/2020]
If the owner has contracted with a property manager or property
management company, the property manager or property management company
shall be jointly responsible to fulfill all of the obligations set
forth in this Part.
[Ord. No. 957, 9/14/2020]
1.
The owner or, if applicable, the property manager or property management
company shall include the document attached hereto as Exhibit "A,"
identified as "Addendum to Residential Rental Agreement," in each
lease of a unit taking effect on or after October 1, 2020.[1]
[1]
Editor's Note: Said addendum is included as an attachment to this chapter.
2.
The owner or property manager or property management company shall
not include text in any lease that is contrary to the provisions of
this Part.
3.
Any public or nonprofit housing entity may, in lieu of the attachment
of the leasing addendum, incorporate the requirements of said addendum
into its existing lease upon demonstration to the Township that its
lease is a product of a federal or state requirement or program.
4.
The owner, property manager or property management company shall
forward a copy of the completed and signed rental agreement addendum
to Elizabeth Township within 10 days of its signing.
[Ord. No. 957, 9/14/2020]
1.
This Part shall not be construed as diminishing or relieving the
responsibility of occupants or their guests for their conduct or activity.
2.
The occupant(s) shall not engage in disruptive conduct, nor tolerate,
nor permit others on the property to cause damage to the unit or engage
in disruptive conduct. It shall be the duty of each occupant of a
unit to:
A.
Comply with all obligations of this Part and all applicable codes
and Township ordinances, as well as all state laws and regulations.
B.
Conduct himself/herself and require other persons, including, but
not limited to, guests on the property and within his/her unit with
his/her consent, to conduct themselves in a manner that will not disturb
the peaceful enjoyment of adjacent or nearby dwellings by people occupying
the same.
C.
Not engage in, nor tolerate, nor permit others on the property to
cause damage to the unit or engage in disruptive conduct, or other
violations of this Part, Township ordinances, or applicable state
laws.
D.
Use the trash and recyclable collection services provided by the
owner.
E.
Use the unit for no purpose other than as a residence or as permitted
by the Township Zoning Ordinance.
F.
Maintain the unit in a manner meeting all requirements for occupants
of structures set forth in the codes.
G.
Allow the Code Enforcement Officer to inspect the unit in accordance
with this Part at reasonable times.
H.
Not allow persons other than those identified on the lease to reside
in the unit.
I.
Not allow the unit to be occupied in a way that conflicts with Township
Zoning Ordinance.
J.
Not permit the possession of, or consumption of, alcoholic beverages
by, or serving alcoholic beverages to, underage persons.
[Ord. No. 957, 9/14/2020]
1.
Police officers may investigate alleged incidents of disruptive conduct.
A police officer shall complete a disruptive conduct report upon a
finding that the reported incident constitutes disruptive conduct
as defined herein. The information filed in the disruptive conduct
report shall include, if possible, the identity of the alleged perpetrator(s)
of the disruptive conduct and the factual basis for the disruptive
conduct described in the disruptive conduct report.
2.
All disruptive conduct reports shall be reviewed by the Chief of
Police and the Township Code Enforcement Officer. Should both parties
agree that an incident of disruptive conduct has occurred, a disruptive
conduct letter shall be sent to the occupant and owner. Should the
Chief of Police and the Code Enforcement Officer fail to agree that
an incident of disruptive conduct has occurred, the report shall be
considered closed and no further action will be taken on that report.
3.
A disruptive conduct letter shall be given or mailed to the occupant
and mailed to the owner or, if applicable, the responsible agent,
within 30 working days of the occurrence of the alleged disruptive
conduct.
4.
The occupant or the owner or, if applicable, the responsible agent
shall have 10 working days from the date of mailing of a disruptive
conduct letter to appeal the disruptive conduct report. The appeal
shall be made in writing and submitted to the body designated by the
Board of Commissions to handle such appeals.
5.
After three disruptive conduct incidents documented by disruptive
conduct reports in any twelve-month period involving an occupant or
person present at the unit, the owner or, if applicable, the responsible
agent shall have 10 working days from the date of the mailing of the
third disruptive conduct letter to begin eviction proceedings against
the occupants. The owner/agent must submit a copy of the document
indicating the eviction process has begun to the Township Code Enforcement
Department. Failure to take such action will result in the immediate
revocation of the license. The unit involved shall not have its license
reinstated until the reinstatement fee is paid and the disruptive
occupants have been evicted, the Magisterial District Judge has ruled
in the occupants' favor, the Magisterial District Judge has ruled
in the owner's favor but has not ordered the eviction of the
occupant(s), or the occupants have filed an appeal to a higher court,
thereby preventing their eviction. The disruptive occupants, upon
eviction, shall not reoccupy any unit on the same property involved
for a period of at least one year from the date of eviction. This
subsection is not intended to limit or inhibit the owner's and,
if applicable, the responsible agent's right to initiate eviction
actions prior to the issuance of the third disruptive conduct letter
in a twelve-month period.
6.
The disruptive conduct report shall count against all occupants of
the unit. More than one disruptive conduct report filed against the
occupants of a unit in a twenty-four-hour period shall count as a
single disruptive conduct report for the purpose hereof. The Elizabeth
Township Code Enforcement Department shall maintain a list of the
names of all occupants evicted as a result hereof. The names shall
remain on the list for a period of five years.
[Ord. No. 957, 9/14/2020]
Every owner, property manager or property management company
of property shall register the property with the Township on a form
provided by the Code Enforcement Officer. With each registration,
the applicant shall pay a registration fee according to the fee structure
established by resolution of the Township Commissioners.
[Ord. No. 957, 9/14/2020]
1.
No person shall permit a rooming house, dormitory, multifamily dwelling
(a building containing three or more dwelling units which is not a
transient dwelling), transient dwelling or other residential rental
property to be occupied unless he has first registered the residential
rental property with the Township and obtained a license. It shall
be the duty of the owner, property manager or property management
company to notify the Township whenever any unit becomes occupied.
2.
Every owner of a unit shall pay an annual license fee according to
the fee structure established by resolution of the Township Commissioners.
3.
Each license shall remain in force for one year from the date of
issuance unless sooner revoked in accordance with the Code of the
Township of Elizabeth.
4.
No registration or license required hereunder shall be transferable
unless the new owner shall give notice in writing to the Code Enforcement
Officer within 10 days after the transfer, in any manner, of ownership
or control of the interest in the property. Such notice shall include
the name and address of the person succeeding to the ownership or
control.
5.
Any person whose license has been revoked or whose application for
a license for a unit has been denied may appeal to the body designated
by the Board of Commissions to handle such appeals.
6.
Upon the filing of an application for a license, the Township shall
select a time period during which the unit is to be inspected prior
to issuing the license.
[Ord. No. 957, 9/14/2020]
1.
It shall be the duty of all owners, property managers, property management
companies and occupants to provide access to Township officials to
all units subject to inspections hereunder, and failure to permit
such access shall be deemed a violation of this Part.
2.
For purposes of enforcing this Part, the Code Enforcement Officer
or his designee may seek to obtain an administrative warrant issued
by a competent authority for the purpose of compelling an inspection
of a unit.
3.
If requested, the Code Enforcement Officer or his authorized representative
shall disclose proper credentials of their respective offices for
the purpose of inspecting any and all structures and property in the
performance of their duties under this Part.
4.
In addition to the inspections referenced above, the Code Enforcement
Officer may also inspect units upon any of the following occurrences:
A.
Prior to the initial occupancy of newly constructed units, newly
erected units, or substantially rehabilitated units;
B.
Prior to the sale of any unit or the structure in which it is located;
C.
Upon a change in occupancy of the unit (required);
D.
Upon receipt of complaints regarding any residential rental property
subject to this Part owned in whole or in part by the owner or any
related party of the owner;
E.
Upon the occurrence of disruptive conduct at such unit;
F.
Should the unit, or any combination of this unit and other units
of the owner or any related party of the owner receive three notices
of violation within any twelve-month period; or
G.
For any other reasonable cause.
5.
Application, inspection, issuance and reinspection.
A.
The Code Enforcement Officer shall, upon receipt of an application
for a license, inspect the unit. In the event such dwelling is in
compliance with this Part, the license applied for shall be issued
upon:
B.
The Code Enforcement Officer shall inspect a unit each time there
is a change of tenant occupancy in that unit. The Code Enforcement
Officer shall inspect each such unit once a year prior to the issuance
of a license. These periodic inspections shall occur notwithstanding
more frequent inspections which may be required in the investigation
of complaints regarding the dwelling. Additional, more frequent periodic
inspections may occur as deemed necessary by Township Code Enforcement
Officers, for reasons such as reasonable threats to the safety of
occupants of the unit, reasonable threat to the safety of users of
rights-of-way and adjoining properties and reasonable concern that
the unit is the subject of additional code violations. The licensee
shall maintain and make copies of all written leases under which each
unit is occupied and available for inspection upon request of the
Code Enforcement Officer. Such written leases shall indicate the name
of the occupants of each unit and the term of the lease. In the event
the unit is not in compliance with the codes of the Township of Elizabeth,
the Code Enforcement Officer shall notify the applicant in writing
and shall specify the noncompliance with the Code. Upon abatement
of the violations, the Code Enforcement Officer shall inspect the
property and/or unit and, upon the unit passing the inspection, issue
the license applied for. If any violation still exists, reinspections
shall be scheduled. For any reinspections, the fee for each reinspection
shall be established by resolution of Township Board of Commissioners.
6.
If the Code Enforcement Officer, upon completion of the inspection,
finds that the applicable codes have not been met, the Code Enforcement
Officer shall issue notices and, if appropriate, may commence enforcement
actions under the procedures set forth in the code which has been
violated or under any other applicable ordinance of the Township.
Notice provided to a property manager or property management company
shall be deemed notice provided to the owner. The following notices
shall be issued to the owner of the property, the property manager
or the property management company:
A.
If the Code Enforcement Officer finds violations of the adopted codes
of Elizabeth Township, the Code Enforcement Officer shall:
(1)
Issue a notice of violation that establishes a timeline for
abatement.
(2)
If, after the abatable period expires, an inspection reveals
that the violations are not corrected and arrangements satisfactory
to the Code Enforcement Officer have not been made, the license for
the unit may be revoked. If the unit is vacant, it shall remain vacant.
[Ord. No. 957, 9/14/2020]
1.
Violations. It shall be a violation of this Part to commit or to
permit any other person to commit any of the following acts:
A.
To lease, let, or allow the occupancy of a unit without obtaining
a license where required by this Part.
B.
To fail to register a residential rental property as required by
this Part.
C.
To refuse to permit inspections required under this Part for a unit.
D.
To fail to perform the duties established by this Part if such person
is an owner, property manager or property management company.
E.
To fail to perform the duties established by this Part if such person
is an occupant of a unit.
F.
To place false information onto, or omit relevant information to
register a unit from, an application for a license.
G.
To fail to comply with any other provision of this Part.
2.
Penalties and Remedies.
A.
Allowing occupancy of a unit after the license has been revoked:
a fine of not less than $500 per unit for each day the violation exists
or a term of imprisonment not exceeding 90 days, or both. Each day
the violation exists constitutes a separate violation. Notwithstanding
the foregoing, no fines shall be imposed for any period during which
the unit is vacant and the owner, property manager, and/or property
management company is taking affirmative action to correct the violations.
B.
Failure to Seek a License. The owner, property manager or property
management company shall be sent a notice of violation, warning him/her
of his/her failure to comply with the terms of this Part. If he/she
does not comply by the date stated on the violation, there shall be
a fine of not less than $500 per unit for each day the violation exists
or a term of imprisonment not exceeding 90 days, or both. Each day
the violation exists constitutes a separate violation.
C.
Failure to Pay Annual License Fee. If the owner, property manager
or property management company fails to pay the annual license fee,
and therefore the Township holds the release of the license, but the
owner, property manager or property management company continues to
rent the unit, there shall be a fine of not less than $500 per unit
for each day the license fee goes unpaid, or a term of imprisonment
not exceeding 90 days, or both.
D.
Whoever violates any other provisions of this Part shall be subject
to a fine of not more than $500 or a term of imprisonment not exceeding
90 days, or both. Each day that a violation exists constitutes a separate
violation.
E.
In addition to prosecution of persons in violation of this Part,
the Code Enforcement Officer or any duly authorized agent of the Township
may seek such civil or equitable remedies, including injunctive relief
and other measures, to enforce this Part in any court of record of
the Commonwealth of Pennsylvania, against any person or property,
real or personal, to effect the provisions of this Part.
F.
The provisions of this section and the provisions of this Part governing
revocation, suspension or nonrenewal of licenses shall be independent,
nonmutually exclusive, separate remedies, all of which shall be available
to the Township as may be deemed appropriate.
[Ord. No. 957, 9/14/2020]
1.
Appeals. Except as otherwise set forth herein, all appeals shall
be heard by the body designated by the Board of Commissioners to handle
such appeals.
2.
Codes Violations. Nothing in this Part shall preclude or prohibit
the Code Enforcement Officer or his designee from identifying any
violations of the codes and taking lawful action in connection therewith.
3.
The issuance of a license is not a representation by the Township
that the unit and/or the building in which it is located is in compliance
with the codes. The issuance of a license indicates that the unit
did not have any patently dangerous conditions as of the date of inspection.
However, neither the enactment of this Part nor the issuance of a
license shall impose any liability upon the Township for any errors
or omissions which resulted in the issuance of such license, nor shall
the Township bear any liability not otherwise imposed by law.
4.
The Township Administration is authorized to promulgate rules, regulations,
policies and procedures for the implementation and enforcement of
the provisions of this Part, which rules, regulations, policies and
procedures shall be effective 10 days after they are approved by the
Elizabeth Township Board of Commissioners.
5.
It is the right of every tenant and resident to report any alleged
violation of Township codes to the appropriate Township official.
[Ord. No. 955, 3/2/2020]
1.
It is the purpose and intent of the Township Board of Commissioners
to establish a process to address the deterioration, crime and decline
in value of Township of Elizabeth neighborhoods caused by foreclosed
property located within the Township of Elizabeth, and to identify,
regulate, limit and reduce the number of these properties located
within the Township of Elizabeth. It is the Township Board of Commissioners'
further intent to establish a registration requirement as a mechanism
to protect neighborhoods from the negative impact and conditions that
occur as a result of vacancy, absentee ownership and lack of adequate
maintenance and security and to provide a method to expeditiously
identify contact persons for each property responsible for this protection.
2.
It is not the intent of this Part to determine the rights and liabilities
of persons under agreements to which the Township of Elizabeth is
not a party. This Part shall not be construed to alter the terms of
any lease or other agreement between a landlord and a tenant or others
relating to property that is the subject of this Part, provided that
no provision of any lease or other agreement shall be construed to
excuse compliance with this Part. Additionally, a violation of this
Part shall not in and of itself create a negligence per se standard
or otherwise expand existing liability in tort for either a landlord
or a tenant.
[Ord. No. 955, 3/2/2020]
1.
ACCESSIBLE PROPERTY/STRUCTURE
APPLICABLE CODES
DEFAULT
ENFORCEMENT OFFICER
FORECLOSED PROPERTY
FORECLOSURE
MORTGAGEE
OWNER
REAL PROPERTY
REGISTRABLE PROPERTY
A.
B.
SEMIANNUAL REGISTRATION
VACANT
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.
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 the interior space by unauthorized
persons.
To include, but not be limited to, the Township of Elizabeth's
adopted International Property Maintenance Code and Township of Elizabeth
Ordinances.
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 Township of Elizabeth to enforce the
applicable code(s).
Any real property located in the Township, whether vacant
or occupied, that is in default on a mortgage, has had a lis pendens
filed against it 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 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. This definition
shall include, but is not limited to, public notice of default, a
deed in lieu of foreclosure, sale to the mortgagee or lienholder,
certificate of title and all other processes, activities and actions,
by whatever name, associated with the described process. The 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, excluding governmental agencies.
Any person, firm, corporation or other legal entity who,
individually or jointly or severally with others, holds the legal
or beneficial title to any building, facilities, equipment or premises
subject to the provisions of this Part.
Any improved residential and/or commercial land, buildings,
leasehold improvements and anything affixed to the land, or portion
thereof identified by a property parcel identification number, located
in the Township of Elizabeth limits. Developed lots are considered
improved land.
Any real property located in the Township of Elizabeth, whether
vacant or occupied, that is 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 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 and any default on the mortgage has been
cured.
Six months from the date of the first action that requires
registration, as determined by the Township of Elizabeth, 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 parcel of land in the Township of Elizabeth that is not
legally occupied.
[Ord. No. 955, 3/2/2020]
These sections shall be considered cumulative and not superseding
or subject to any other law or provision for same, but rather shall
be an additional remedy available to the Township of Elizabeth above
and beyond any other state or Township of Elizabeth provisions for
same.
[Ord. No. 955, 3/2/2020]
The Township of Elizabeth, or its designee, shall establish
a registry cataloging each registrable property within the Township
of Elizabeth, containing the information required by this Part.
[Ord. No. 955, 3/2/2020]
1.
Any mortgagee who holds a mortgage on registrable property located
within the Township of Elizabeth shall perform an inspection of the
property to determine vacancy or occupancy upon foreclosure. The mortgagee
shall, within 10 days of the inspection, register the property with
the Code Enforcement Department, or its designee, on forms or other
manner as directed, 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.
Registration pursuant to this section shall contain the name, direct
mailing address, a direct contact name, telephone number, and email
address for the mortgagee/trustee, and the mortgage servicer, and
the name and twenty-four-hour contact phone number of the local property
management company responsible for the security and maintenance of
the property who has the authority to make decisions concerning the
abatement of nuisance conditions at the property, as well as any expenditure
in connection therewith.
3.
Mortgagees who have existing registrable property on the effective
date of this Part have 30 calendar days from the effective date to
register the property with the Code Enforcement Department, or its
designee, on forms or other manner as directed, and indicate whether
the property is vacant or occupied. A separate registration is required
for each property, whether it is vacant or occupied.
4.
Any previous unpaid registration fees are the responsibility of the
new mortgagee or trustee and are due and payable with their initial
registration; except if it is determined that the transferee is exempt
from paying fees, then the previous mortgagee will not be released
from the responsibility of paying all previous unpaid fees and fines,
regardless of who the mortgagee was at the time when registration
was required, including but not limited to unregistered periods during
the foreclosure process. The provisions of this section are cumulative
with and in addition to other available remedies.
5.
If the servicing rights for a mortgage on a registrable property
are sold or transferred, the registration must be updated to include
all the new servicer information within 10 days of the servicing transfer.
6.
Any previous unpaid registration fees are the responsibility of the
new registrable property owner and are due and payable with their
initial registration; except if it is determined that the transferee
is exempt from paying fees, then the previous mortgagee will not be
released from the responsibility of paying all previous unpaid fees
and fines, regardless of who the mortgagee was at the time when registration
was required, including but not limited to unregistered periods during
the foreclosure process. The provisions of this section are cumulative
with and in addition to other available remedies.
7.
As long as the property is registrable, it shall be inspected by
the mortgagee, or designee, monthly. If an inspection shows a change
in the property's occupancy status, the mortgagee shall, within
10 days of that inspection, update the occupancy status of the property
registration.
8.
A nonrefundable semiannual registration fee of $300 shall accompany
each registration pursuant to this section.
9.
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.
10.
All registration fees must be paid directly from the mortgagee, trustee,
servicer, or owner. Third-party registration fees are not allowed
without the consent of the Township of Elizabeth and/or its authorized
designee.
11.
Properties subject to this section shall remain under the semiannual
registration requirement and the inspection, security and maintenance
standards of this section as long as they are registrable.
12.
Until the mortgage or lien on the property in question is satisfied,
or legally discharged, the desire to no longer pursue foreclosure,
the filing of a dismissal of lis pendens and/or summary of final judgment
and/or certificate of title, voluntary or otherwise, does not exempt
any mortgagee holding the foreclosure mortgage from all the requirements
of this Part as long as the property remains registrable.
13.
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.
14.
Failure of the mortgagee to properly register or to modify the registration
information within 10 days of the action requiring the update to reflect
a change of circumstances as required by this Part is a violation
of this Part and shall be subject to enforcement and any resulting
monetary penalties and/or property liens.
15.
Pursuant to any administrative or judicial finding and determination
that any property is in violation of this Part, the Township of Elizabeth
may take the necessary action to ensure compliance with and place
a lien on the property for the cost of the work performed to benefit
the property and bring it into compliance.
16.
Mortgagees shall maintain real property subject to this Part in accordance
with the applicable code(s) of the Township of Elizabeth.
17.
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.
[Ord. No. 955, 3/2/2020]
If any section, sentence, clause or phrase of this Part is held
to be invalid or unconstitutional by any court of competent jurisdiction,
then said holding shall in no way affect the validity of the remaining
portions of this Part.
[Ord. No. 955, 3/2/2020]
All ordinances or parts of ordinances in conflict herewith are
and the same are hereby repealed.
[Ord. No. 955, 3/2/2020]
It is the intention of the Township Board of Commissioners that
the provisions of this Part shall become and be made a part of the
Township of Elizabeth Code of Ordinances; and that the sections of
this ordinance may be renumbered or relettered to accomplish such
intention, and the word "ordinance" may be changed to "section," "article,"
or such other appropriate word or phrase in order to accomplish such
intentions.
[Ord. No. 955, 3/2/2020]
Mortgagees who shall fail to comply with the provisions of this
Part shall be guilty of a summary offense, and, upon conviction thereof
before the District Judge in the Township of Elizabeth, shall be fined
not less than $500 for each offense.
[Ord. No. 955, 3/2/2020]
This Part shall take affect according to local and state requirements.
