[Ord. No. 3-2023, passed 1-18-2023]
It is the purpose and intent of the City to establish a process
to address the deterioration and blight of City neighborhoods caused
by an increasing amount of vacant properties and those subject to
mortgage foreclosure located within the City and to identify and regulate
such properties located within the City. It is the City's further
intent to establish a registration program as a mechanism to protect
neighborhoods from becoming blighted due to the lack of adequate maintenance
and security of vacant and foreclosure properties.
[Ord. No. 3-2023, passed 1-18-2023]
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:
A property that is accessible through a comprised/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.
All applicable provisions of the Codified Ordinances of Erie,
Pennsylvania, as amended from time to time ("City Code").
Any law enforcement officer, building official, zoning inspector,
code enforcement officer, fire inspector or building inspector, or
other person authorized by the City to enforce the City Code.
A legal action of mortgage foreclosure filed by a lender
in a court of competent jurisdiction.
Any real property located in the City, whether vacant or
occupied, that is subject to a mortgage foreclosure action filed by
a lender in a court of competent jurisdiction or where title to the
property has been transferred to a lender under a deed in lieu of
foreclosure or other such conveyance of title to a lender. The designation
as a "foreclosure property" shall remain in place until such time
as the property is sold or transferred to a new owner, other than
a lender, or when the foreclosure action has been withdrawn or concluded
in favor of the mortgagor as evidenced by court records.
Any person, bank, trust company, credit union, trust or any
other legal entity or other party that holds a mortgage or security
interest against any real property located within the City.
A legal action of mortgage foreclosure filed by a lender
in a court of competent jurisdiction.
Any person, legal entity or other party having any ownership
interest, whether legal or equitable, in real property. 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 a foreclosure property.
A building or structure shall be deemed to be vacant if no
person or persons actually currently conduct a lawfully licensed business
or lawfully reside or live in any part of the building as the legal
or equitable owner(s) or tenant-occupant(s) or owner-occupants or
tenant(s) on a permanent, nontransient basis.
[Ord. No. 3-2023, passed 1-18-2023]
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 City above and beyond any other
state, county or local provisions for same.
[Ord. No. 3-2023, passed 1-18-2023]
The City or designee shall establish a registry cataloging each
vacant and foreclosure property within the City, containing the information
required by this article.
[Ord. No. 3-2023, passed 1-18-2023]
(a)
Vacant property.
(1)
Each owner of any building or structure located on real property
that has been vacant for more than 180 consecutive days shall register
the property with the Office of Code Enforcement, or designee, on
forms or website access provided by the City.
(2)
Registration pursuant to this section shall contain the name
and direct mailing address of the owner or the property.
(3)
A nonrefundable registration fee in the amount of $300 shall accompany the registration form or website registration, and said amount shall be paid by the owner every six months thereafter until such time as the property is no longer subject to registration as set forth in § 749.05(a)(4). The registration fee shall not be prorated.
(4)
Properties subject to this section shall remain under the registration
and fee requirement and the inspection, security and maintenance standards
of this article until such time as the property is sold or transferred
to a new owner.
(5)
Any change of information contained in the registration within
10 days of the change.
(6)
Failure of the owner to properly register or to update the registration
form from time to time to reflect a change of circumstances as required
by this section is a violation of this section and shall be subject
to enforcement.
(7)
Pursuant to any administrative or judicial finding and determination
that any property is in violation of this section, the City 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.
(b)
Foreclosure property.
(1)
Any lender who holds a mortgage or other security interest on
real property located within the City shall perform an inspection
of the property to determine vacancy or occupancy, upon the filing
of a mortgage foreclosure action against the property. The lender
shall, within 10 days of the inspection, register the property with
the Office of Code Enforcement, or designee, on forms or website access
provided by the City, and indicate whether the property is vacant
or occupied. A separate registration is required for each foreclosure
property, whether it is found to be vacant or occupied.
(2)
If the property is occupied, it shall be inspected monthly by
the lender or its designee to verify continued occupancy. If the property
becomes vacant or shows evidence of vacancy, the lender shall, within
10 days of that inspection, update the property registration to a
vacancy status on forms provided by the City.
(3)
Registration pursuant to this section shall contain the name
of the lender and mortgage servicer, the direct mailing address of
the lender and the mortgage servicer, a direct contact name and telephone
number for both parties, a facsimile number 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.
(4)
A nonrefundable registration fee in the amount of $300 per foreclosure property shall accompany the registration form or website registration, and said amount shall be paid by the lender every six months thereafter until such time as the property is no longer subject to registration as set forth in § 749.05(b)(7). The registration fee shall not be prorated.
(5)
All registration fees must be paid directly from the lender
or its designated mortgage servicer. Third-party registration fees
are not allowed without the consent of the City and its authorized
designee.
(6)
This section shall also apply to properties where title to the
property has been transferred to a lender under a deed in lieu of
foreclosure or other such conveyance of title to a lender.
(7)
Properties subject to this section shall remain under the registration
and fee requirement and the inspection, security and maintenance standards
of this article until such time as the property is sold or transferred
to a new owner, other than a lender, or when the foreclosure action
has been withdrawn or concluded in favor of the mortgagor as evidenced
by court records.
(8)
Any lender that has registered a property under this section
must report any change of information contained in the registration
within 10 days of the change.
(9)
Failure of the lender to properly register or to update the
registration form from time to time to reflect a change of circumstances
as required by this section is a violation of this section and shall
be subject to enforcement.
(10)
Pursuant to any administrative or judicial finding and determination
that any property is in violation of this section, the City 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.
[Ord. No. 3-2023, passed 1-18-2023]
(a)
Properties subject to this article shall 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.
(b)
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.
(c)
Front, side and rear yards, including landscaping, shall be maintained
in accordance with the City Code.
(d)
Yard maintenance shall include, but not be limited to, grass, ground
covers, 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 weeds, gravel, broken concrete, asphalt or similar material.
(e)
Maintenance shall include, but not be limited to, watering, irrigation,
cutting and mowing of required ground cover or landscape and removal
of all trimmings.
(f)
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 City Code.
(g)
The property is required to be maintained in accordance with the
City Code.
[Ord. No. 3-2023, passed 1-18-2023]
(a)
Properties subject to this article 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 to access the interior of the property or structure
must be repaired. Broken windows shall be secured by reglazing of
the window.
(c)
If a foreclosure property may become vacant, a property manager shall
be designated by the lender to perform the work necessary to bring
the property into compliance with the City Code, and the property
manager must perform regular inspections to verify compliance with
the requirements of this article and any other applicable laws.
[Ord. No. 3-2023, passed 1-18-2023]
Adherence to this article does not relieve any person, legal
entity or agent from any other obligations set forth in the City Code
which may apply to the property. Upon transfer of title of a vacant
or foreclosure property to a new owner, the new owner shall be responsible
for all violations of the City Code, and the new owner shall be responsible
for meeting the City's Code Enforcement Office within 20 days
of the date of transfer for a final inspection report, and the new
owner shall abate all violations cited in the inspection report within
45 days of the date of the report.
[Ord. No. 3-2023, passed 1-18-2023]
(a)
If the enforcement officer has reason to believe that a property
subject to the provisions of this article is posing a serious threat
to the public health, safety and welfare, the enforcement officer
may temporarily secure the property at the expense of the owner, lender
or new owner.
(b)
The enforcement officer shall have the authority to require the owner,
lender or new owner of record of any property affected by this article
to implement additional maintenance and/or security measures, including,
but not limited to, securing any and all doors, windows or other openings,
employment of an on-site security guard or other measures as may be
reasonably required to help prevent further decline of the property.
(c)
If the enforcement officer has reason to believe that a property
subject to the provisions of this article is posing a serious threat
to the public health, safety and welfare, then the enforcement officer
may recommend that the City abate the violations, and the City may
abate the violations and charge the owner, lender or new owner with
the cost of the abatement.
(d)
If the owner, lender or new owner does not reimburse the City for
the cost of temporarily securing the property or of any abatement
thereof within 30 days of the City sending an invoice, then the City
may lien the property with such cost, along with an administrative
fee of $500 to recover the administrative personnel services.
[Ord. No. 3-2023, passed 1-18-2023]
Any enforcement officer or any person authorized by the City
to enforce the provisions of this article 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 article.
[Ord. No. 3-2023, passed 1-18-2023]
Any person who shall violate the provisions of this article
may be cited and fined a civil penalty of $500 pursuant to the City
Code and Pennsylvania Statutes.
