[HISTORY: Adopted by the Borough Council of the Borough of
Pen Argyl 7-5-2022 by Ord. No. 720, approved 7-5-2022. Amendments noted
where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
Any real property located in the Borough, whether vacant
or occupied, that is in default on a mortgage, has had a lis pendens
filed against it by the lender holding a mortgage on the property,
is subject to an ongoing foreclosure action by the lender, is subject
to an application for a tax deed or pending tax assessor's lien
sale, 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 conditions designating it as a blighted property
are corrected, the foreclosure action has been dismissed, and any
default on the mortgage has been cured. Any parcel, whether vacant
or occupied, determined by an enforcement officer to be a blighted
property.
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.
Includes, but not limited to, the Code of the Borough of Pen Argyl, including but not limited to Chapter 52, Construction Codes, Uniform, grass, weeds and other vegetation nuisances, Chapter 84, Property Maintenance, Chapter 85, Rental Property, Chapter 60, Solid Waste, Municipal Waste, Garbage and Refuse, Chapter 90, Streets and Sidewalks, and Chapter 108, Zoning, Residential Inspection Ordinance,[1] and the Pennsylvania Building and Fire Codes.[2]
Properties that have broken or severely damaged windows, doors,
walls, or roofs which create hazardous conditions and encourage trespassing;
Properties whose maintenance is not in conformance with the
maintenance of other neighboring properties, causing a decrease in
value of the neighboring properties;
Properties cited for a public nuisance pursuant to Borough applicable
codes; or
Properties that endanger the public's health, safety, or
welfare because the properties or improvements thereon are dilapidated,
deteriorated, or violate minimum health and safety standards or lack
maintenance as required by the applicable codes.
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).
Shall include the title holder, any agent of the title holder
having authority to act with respect to a vacant property, and any
foreclosing entity, or any other entity determined by the Borough
of Pen Argyl to have authority to act with respect to the property.
Any portion of improved or unimproved real estate located
within the Borough of Pen Argyl which includes the buildings or structures,
or portions thereof, located on it, regardless of condition.
A local property manager, property maintenance company or
similar entity responsible for the maintenance of abandoned real property.
Any building or structure which is not at present legally occupied
or at which all lawful business or construction operations or residential
or other occupancy have ceased for a period of six months, including,
but not limited to, any property meeting any of the definitions of
"vacant property" below:
The property needs rehabilitation according to the adopted version
of the International Property Maintenance Code as determined by the
Code Enforcement Official, and no rehabilitation has taken place during
that six-month period; or
Construction was initiated on the property and was discontinued
prior to completion, leaving the building unsuitable for occupancy,
and no construction has taken place for at least six months as of
the date of a determination by the Code Enforcement Official pursuant
to this section.
A property which contains both residential and nonresidential
space may be considered abandoned so long as 2/3 or more of the total
net square footage of the building was previously legally occupied
as residential space and none of the residential space has been legally
occupied for at least six months at the time of the determination
of abandonment by the Code Enforcement Official.
Any area within a building or structure that may be individually
leased or rented for any purpose other than residential use which
is not present legally occupied or at which all lawful business or
construction operations or other occupancy have substantially ceased
for a period of six months.
A.
Any mortgagee who holds a mortgage on real property located within
the Borough of Pen Argyl shall perform an inspection of the property
to determine vacancy or occupancy, upon default by the mortgagor.
The mortgagee shall, within 10 days of the inspection, register the
property with the Borough of Pen Argyl on forms provided by the Borough,
and indicate whether the property is vacant or occupied. A separate
registration is required for each property.
B.
All abandoned real property shall be inspected by the mortgagee or
his designee monthly until the mortgagor or other party remedies the
default, the mortgagee shall, within 10 days of inspection, update
the property registration to reflect any changes in the occupancy
or status of the property on forms provided by the Borough.
C.
Post a sign affixed to the building and/or storefront indicating
the name, address, and telephone number of the owner, the owner's
authorized agent for the purpose of service of process (if designated
pursuant to this section), and the person responsible for the day-to-day
supervision and management of the building, if such person is different
from the owner holding title or authorized agent. The sign shall be
of a size and placed in such a location so as to be legible from the
nearest public street or sidewalk, whichever is nearer, but shall
not be smaller than eight inches by 10 inches.
D.
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, facsimile number and e-mail address for both parties, the
PIN 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.
E.
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 Borough and/or its authorized designee.
F.
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.
G.
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.
H.
Any person or legal entity that has registered a property under this
section must report any change or information contained in the registration
within 10 days of the change.
I.
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 chapter is a violation of this
section and shall be subject to enforcement.
A.
Properties subject to this chapter shall be kept free of weeds, overgrown
brush, dead vegetation, trash, junk, debris, building materials, any
accumulation of newspaper 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.
B.
All areas of vacant storefronts visible to the public from the public
street or sidewalk must be maintained in broom-cleaned condition and
free from litter and debris.
C.
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.
D.
Front, side, and rear yards, including landscaping, shall be maintained
in accordance with the applicable code(s).
E.
Yard maintenance shall include, but not be limited to, grass, ground
cover, 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 landscape shall
not include gravel, broken concrete, asphalt or similar material.
F.
Maintenance shall include, but not be limited to, watering, irrigation,
cutting and mowing of required ground cover or landscape and removal
of all trimmings.
G.
Pools and spas shall be maintained so the water remains free and
clear of pollutants and debris and shall comply with the regulations
set forth in the applicable code(s).
H.
Failure of the mortgagee and/or owner to properly maintain the property
may result in a violation of the applicable code(s) and issuance of
a citation or notice of violation in accordance with the applicable
codes. Pursuant to a finding and determination by the Borough Code
Enforcement Officer, Magistrate or a court of competent jurisdiction,
the Borough may take the necessary action to ensure compliance with
this section, including but not limited to taking such steps as are
necessary to abate the nuisance, and charge the mortgage company all
cost thereof, together with a collection fee of 10%, including reasonable
attorney's fees, or file a municipal lien against the property,
together with a collection fee of 10%, including reasonable attorney's
fees, or by instituting proceedings under any court of equity having
jurisdiction to abate the property violation.
I.
In addition to the above, the property is required to be maintained
in accordance with the applicable code(s).
A.
Properties subject to these subsections 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, doors, gates and other openings of such size that
may allow a child access to the interior of the property or structure
must be repaired. Broken windows shall be secured by replacing glass
of the window and/or replacement of the window itself.
C.
If a mortgage on a property is in default, and the property has become
vacant or abandoned, a property management company shall be designated
by the mortgagee to perform the work necessary to bring the property
into compliance with the applicable code(s), and the property management
company must perform regular monthly inspections to verify compliance
with the requirements of this chapter, and any other applicable laws
of the Borough of Pen Argyl, as amended and adopted.
All abandoned real property and blighted 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 residents of the Borough.
Adherence to this chapter does not relieve any person, legal
entity or agent from any other obligations set forth in any applicable
Borough ordinance or regulation which may apply to the property. Upon
offer for sale or transfer of title to the property, the owner shall
be responsible to notify the Borough Code Enforcement Officer, who
shall be permitted to conduct a presale inspection.
A.
If the Borough Code Enforcement Officer has reason to believe that
a property subject to the provisions of this chapter is posing a serious
threat to the public health, safety and welfare, the Borough may temporarily
secure the property at the expense of the mortgagee and/or owner and
may bring the violations before the Magistrate as soon as possible
to address the conditions of the property.
B.
The Code Enforcement Officer shall have the authority to require
the mortgagee and/or owner of record of any property affected by this
section, to implement additional maintenance and/or security measures,
including, but not limited to, securing any and all doors, windows
or other openings, repairing roof systems or other measures as may
be reasonably required to help prevent further decline of the property.
C.
If there is a finding that the condition of the property is posing
a serious threat to the public health, safety, and welfare, then the
Borough Code Enforcement Officer may take the necessary steps to abate
the violations and charge the mortgagee with the cost of the abatement.
D.
If the mortgagee does not reimburse the Borough for the cost of temporarily
securing the property, or of any abatement directed by the Borough
Code Enforcement Officer within 30 days of the Borough sending the
mortgagee the invoice, then the Borough may lien the property with
such cost and charge the mortgagee with all costs thereof, together
with a collection fee of 10% and reasonable attorney fees. The Borough
may also institute proceedings in any court having jurisdiction to
abate the violation.
Whoever opposes, obstructs or resists any enforcement officer, or any person authorized by the Borough in the discharge of duties as provided in this chapter, shall be punishable as provided in § 83-10, Fees; violations and penalties, below and/or in a court of competent jurisdiction.
Any Borough 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 chapter.
A.
An annual nonrefundable registration fee in the amount of $200 per
property shall accompany the registration form.
B.
Any person who shall violate the provisions of this chapter may be
cited and fined. A failure to register an abandoned real property
on an annual basis and/or any violation stated herein shall receive
a fine of $500, plus court costs and fees. Enforcement for any violation
of this chapter shall be by action brought before the Magistrate in
the same manner provided for the enforcement of summary offenses under
the Pennsylvania Rules of Criminal Procedure. The fine imposed shall
not exceed $1,000 per violation. In addition to or in lieu of enforcement
of the chapter as a summary offense, the Borough may enforce the chapter
through an equity action in the Northampton County Court of Common
Pleas.
A waiver of the registration fee set herein may be granted,
upon application, by the Borough Manager for the current year if the
following conditions are met:
A.
All local municipal fees are paid in full; and
B.
A consistent good faith effort is shown to market, rent, sell, or
lease the vacant property or storefront. Good faith efforts include
but are not limited to contracts with a real estate licensee, newspaper
advertisements, electronic advertisements or other methods, list of
interested lessees, provided that the effort is actually likely to
generate interest in the property and the owner is actually willing
to rent, sell or lease, and the pricing is consistent with other similar
properties or portions thereof as attested by a real estate licensee
as licensed by the Pennsylvania Real Estate Commission. The mere placement
of a "for sale" or "for rent or lease" sign on or in the building
in and of itself does not meet the requirements of this subsection.
Registration and penalty fees outlined in this chapter may be
modified by a resolution, passed, and adapted by the Borough of Pen
Argyl.
This chapter shall take effect immediately upon its adoption.
