[HISTORY: Adopted by the City Council of the City of Chester as indicated in article histories. Amendments noted where applicable.]
[Adopted as Art. 105 of the 1979 Codified Ordinances]
The City Engineer shall take charge of such maps and plans as have been prepared by the Delaware County Trust Company, under an agreement with the City, showing the names of the owners of all real estate in the City, and a description of each particular piece of real estate, and he shall cause to be made all such necessary books, maps and plans as will show the situation and dimension of each property in the City, in accordance with the provisions of the Act of June 23, 1931 (P.L. 932), 53 P.S. § 36516 and 36517.
[Amended 1-14-2009 by Ord. No. 8-2009]
The City Engineer shall obtain the information needed to register the ownership of real property within the City limits from the Recorder of Deeds for the County of Delaware pursuant to the agreement entered into between the County of Delaware and the City of Chester in compliance with the requirements of Section 5 of Act 110 of 2008,[1] known as the Uniform Municipal Deed Registration Act.[2]
[Amended 1-14-2009 by Ord. No. 8-2009]
Each purchaser, devisee or person acquiring title by partition, sheriff's deed or by any deed or instrument of conveyance or otherwise shall pay a registration fee of $10.[1]
[1]
Editor's Note: Original Sec. 105.06, Registry of properties sold at judicial sales, which immediately followed this section, was repealed 1-14-2009 by Ord. No. 8-2009.
[Amended 5-14-1980 by Ord. No. 11-1980]
Certified copies by the City Engineer of any of the entries in the books or upon the maps or plans pertaining to the registration provided for in this article shall be furnished to any person desiring the same. For any copy of such entry, a fee of $5 shall be paid to the City Treasurer.
[Amended 5-14-1980 by Ord. No. 11-1980]
Any person neglecting or refusing to comply with any provision of this article shall be fined $25 for each separate violation with respect to any deed or instrument of conveyance or description, to be recovered with costs of suit, in the name and for use of the City.
[Adopted 4-26-2023 by Ord. No. 7-2023]
A.
It is the purpose and intent of the City Council to establish a process to address the deterioration, crime and decline in value of City of Chester neighborhoods caused by an increasing amount of abandoned, foreclosed or distressed real property located within the City of Chester, and to identify, regulate, limit and reduce the number of these properties located within the City of Chester. It is the City Council's 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, lack of adequate maintenance and security and will provide a method to expeditiously identify contact persons for each property responsible for this protection.
B.
It is not the intent of this article to determine the rights and liabilities of persons under agreements to which the City of Chester is not a party. This article 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 article, provided that no provision of any lease or other agreement shall be construed to excuse compliance with this article.
C.
Additionally, a violation of this article shall not in and of itself create negligence per se standard or otherwise expand existing liability in tort for either a landlord or a tenant.
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.
Any real property located in the City, 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 foreclosure action has been dismissed, and any default on the mortgage has been cured.
Means 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.
To include, but not be limited to, Chapter 126, Alcoholic Beverages; Chapter 140, Animals; Chapter 206, Curfew; Articles II, III and IV of Chapter 220, Disorderly Conduct and Establishments; Chapter 227, Drug Paraphernalia; Chapter 268, Firearms and Other Weapons; Chapter 309, Inhalants, Toxic; Chapter 336, Littering; Chapter 342, Loitering; Articles I, II and III of Chapter 363, Noise; Chapter 409, Property Maintenance; Chapter 415, Property Offenses; Chapter 428, Public Safety; Article I of Chapter 470, Solid Waste; Article I of Chapter 483, Streets and Sidewalks; Chapter 490, Subdivision and Land Development; Chapter 510, Telephones, Outdoor Public; Chapter 550, Zoning; and the Pennsylvania Building and Fire Codes.
Properties that have broken or severely damaged windows, doors, walls, or roofs which create hazardous conditions and encourage trespassing; (See Chapter 409, Property Maintenance); or
Properties whose maintenance is not in conformance with the maintenance of other neighboring properties causing a decrease in value of the neighboring properties; or
Properties cited for a public nuisance pursuant to the City 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 lacks maintenance as required by the applicable codes.
Means any Law Enforcement Officer, Building Official, Zoning Inspector, Code Enforcement Officer, Fire Inspector of Building Inspector, or other person authorized by the City of Chester to enforce the applicable code(s).
Shall mean that 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.
Shall mean the legal process by which a mortgagee, or another lien holder, 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 lien holder, a 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, lien holder, or their designee, by a certificate of title, or any other means, is sold to a non-related bona fide purchaser in an arm's length transaction to satisfy the debt or lien.
Means 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.
"Owner" means 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 article.
A local property manager, property maintenance company or similar entity responsible for the maintenance of abandoned real property.
Means any improved residential 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 City of Chester limits. Developed lots are considered improved land.
Any real property located in the City of Chester, whether vacant, occupied, or unoccupied that is encumbered by a mortgage in default, 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 judgement 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 "default/foreclosure" property as "registerable" shall remain in place until such time as the property is sold to a non-related 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.
Any property that is vacant for more than 30 days or any cancellation of Utility or Service, whichever occurs first.
Shall mean six months from the date of the first action that requires registration, as determined by the City of Chester, 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.
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 of Chester above and beyond any other State or City of Chester provisions for same.
A.
Any mortgagee who holds a mortgage on real property located within the City of Chester 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 Bureau of Permits, Licensing and Registration 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.
B.
Registration pursuant to this section shall contain the name, direct mailing address, a direct contact name, telephone number and e-mail 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.
C.
Mortgagees who have existing registerable property on the effective date of this article have 30 calendar days from the effective date to register the property with the Bureau of Permits, Licensing and Registration 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.
D.
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.
E.
If the servicing rights for a mortgage on a registerable property are sold or transferred, the registration must be updated to include all the new servicer information within 10 days of the servicing transfer.
F.
Any previous unpaid registration fees are the responsibility of the new registerable 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 in including but not limited to unregistered periods during the foreclosure process. The provision or this section are cumulative with and in addition to other available remedies.
G.
As long as the property is registerable, 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.
H.
A non-refundable semi-annual registration fee of $500 shall accompany each registration pursuant to this section.
I.
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 semi-annual 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.
J.
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 City of Chester and/or its authorized designee.
K.
Properties subject to this section shall remain under the semi-annual registration requirement, and the inspection, security, and maintenance standards of this section as long as they are registerable.
L.
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 dismissal of lis pendens and/or summary of final judgment and/or certificate of till voluntary or otherwise, does not exempt any mortgagee holding the defaulted mortgage, from all the requirements of this article a long as the borrower is in default.
M.
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.
N.
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 article is a violation of the article and shall be subject to enforcement and any resulting monetary penalties and/or property liens.
O.
Pursuant to any administrative or judicial finding and determination that any property is in violation of this article, the City of Chester 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.
P.
Properties subject to this article shall be maintained in accordance with the applicable code(s) of the City of Chester.
A.
Any owner of vacant property located within the City shall within 10 days after the property becomes vacant, register the Real Property with the City Registry.
B.
Initial registration pursuant to this section shall contain at a minimum the name of the owner, the mailing address of the owner, e-mail address, and telephone number of the owner, and if applicable, the name and telephone number of the property manager and said person's address, e-mail address, and telephone number.
C.
At the time of initial registration each registrant shall pay a non-refundable semi-annual registration fee of $500 for each vacant property. Subsequent non-refundable semi-annual renewal registrations of vacant properties and fees in the amount of $500 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 deposited to a special account in the Accounts and Finance Department of the City dedicated to the cost of implementation and enforcement of this article, and fulfilling 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 or update the existing registration. 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 semi-annual registration fee is not paid within 30 days of when the registration or semi-annual registration is required pursuant to this section, a late fee shall be equivalent to 10% of the semi-annual 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 semi-annual 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 City.
H.
If any property is in violation of this article the City 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 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.
Properties subject to this article 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.
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 applicable code(s) at the time registration was required.
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 applicable code(s).
G.
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 code of the City. Pursuant to a finding and determination by the City's Code Enforcement Officer, Magisterial District Judge or a court of competent jurisdiction, the City may take the necessary action to ensure compliance with this section.
H.
In addition to the above, the property is required to be maintained in accordance with the applicable code(s) of the City.
A.
Properties subject to this article shall be maintained in a secure manner so as not to be accessible to unauthorized persons.
B.
Before the structure is closed and secured, all litter, trash, and other debris must be removed from the premises.
C.
All windows, doors, and other openings must be closed, securely locked, and, if readily accessible, boarded up with substantial material, including masonry, approved by the Building Official. The Building Official may require windows facing streets to be boarded with lexan, vinyl, or similar material, protected by security grills, or both.
D.
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.
E.
If a mortgage on a property is in default, and the property has become vacant or abandoned, a property manager 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 manager must perform regular inspections to verify compliance with the requirements of this article and any other applicable laws.
G.
Boarding, posting, and cleaning, however, do not relieve the owner of the responsibility to demolish or to repair and maintain the property in conformity with this Code.
H.
The Building Official may post a sign to inform the public that the structure is a vacant structure and to provide additional information about the structure's status.
I.
The structure may not be reoccupied until the Building Official has issued an occupancy permit.
All abandoned real 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 City.
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. Upon offer for sale or transfer of title to the property, the owner shall be responsible to apply to the City's Bureau of Building Standards and Safety office for a pre-sales inspection.
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 Code Enforcement Officer may temporarily secure the property at the expense of the mortgagee and/or owner, and may bring the violations before the Magisterial District Judge as soon as possible to address the conditions of the property.
B.
The Code Enforcement Officer or Magisterial District Judge 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, 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 there is a finding that the condition of the property is posing a serious threat to the public health, safety and welfare, then the Code Enforcement Board or Magisterial District Judge may direct the City to abate the violations and charge the mortgagee with the cost of the abatement.
D.
If the mortgagee does not reimburse the City for the cost of temporarily securing the property, or of any abatement directed by the Code Enforcement Officer or Magisterial District Judge, within 30 days of the City sending the mortgagee the invoice then the City may lien the property with such cost, along with an administrative fee as determined in the City's fee ordinance to recover the administrative personnel services.
Whoever opposes obstructs or resists any enforcement officer or any person authorized by the enforcement office in the discharge of duties as provided in this article shall be punishable as provided in the applicable code(s) or a court of competent jurisdiction.
Any enforcement officer or any person authorized by the City 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 article.
A.
A nonrefundable registration fee in the amount of $500 per property shall accompany the registration form.
B.
Any person who shall violate the provisions of this article may be cited and fined. The following table shows violations of these sections, as may be amended from time to time, which may be enforced pursuant to the provisions of this article; and the dollar amount of civil penalty for the violation of these sections as it may be amended. The descriptions of violations below are for informational purposes only and are not meant to limit or define the nature of the violations or the subject matter of the City code sections, except to the extent that different types of violations of the Code section may carry different civil penalties. For each Code section listed in the schedule of civil penalties, the entirety of the section may be enforced by the mechanism provided in this section, regardless of whether all activities prescribed or required are described in the "Description of Violation" column. To determine whether a particular activity is prescribed or required by this Code, the relevant City Code section(s) shall be examined.