As used in this chapter, the following terms shall have the
meanings indicated:
ABANDONED REAL PROPERTY
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.
ACCESSIBLE PROPERTY/STRUCTURE
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.
APPLICABLE CODES
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, and the Pennsylvania Building and Fire Codes.
BLIGHTED PROPERTY
A.
Properties that have broken or severely damaged windows, doors,
walls, or roofs which create hazardous conditions and encourage trespassing;
B.
Properties whose maintenance is not in conformance with the
maintenance of other neighboring properties, causing a decrease in
value of the neighboring properties;
C.
Properties cited for a public nuisance pursuant to Borough applicable
codes; or
D.
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.
ENFORCEMENT OFFICER
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).
OWNER
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.
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.
PROPERTY MANAGEMENT COMPANY
A local property manager, property maintenance company or
similar entity responsible for the maintenance of abandoned real property.
VACANT PROPERTY
A.
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:
(1)
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
(2)
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.
B.
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.
VACANT STOREFRONT
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.
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.
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 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.