It is the purpose and intent of the Mt. Holly Springs Borough to establish a process to address the deterioration and blight of Borough neighborhoods caused by an increasing number of properties subject to mortgage foreclosure or vacancy located within the Borough, and to identify and regulate foreclosure properties located within the Borough. It is the Borough'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 foreclosure/vacant properties.
[HISTORY: Adopted by the Borough Council of Mount Holly Springs 2-10-2025 by Ord. No. 2025-02. Amendments noted where applicable.]
The following words, terms and phrases, when used in this chapter, 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.
Shall include:
Properties that have broken or severely damaged windows, doors, walls, and 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 the value of the neighboring properties;
Properties cited for a public nuisance pursuant to the Borough Code; 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 Borough Code.
All applicable provisions of the Codified Ordinances of the Mount Holly Springs Borough, Pennsylvania, as amended from time to time, including but not limited to the Borough's Zoning Ordinance.
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 Borough Code.
A legal action of mortgage foreclosure filed by a lender in a court of competent jurisdiction.
Any real property located in the Borough, 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 "foreclosed 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 Borough.
A legal action of mortgage foreclosure filed by a lender in a court of competent jurisdiction.
Any person, legal entity, or any 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 property involved.
A local property manager, property maintenance company or similar entity responsible for the maintenance of a foreclosure property.
A building or structure subject to the provisions of this chapter, in which 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 non-transient basis.
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 Borough above and beyond any other state, county or local provisions for same.
The Borough shall establish a registry cataloging each foreclosure/vacant property within the Borough, containing the information required by this chapter.
A.
Any lender who holds a mortgage or other security interest on real property located within the Mount Holly Springs Borough 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 initial inspection, register the property with the Code Enforcement Officer or designee, on forms and indicate whether the property is vacant or occupied. A separate registration is required for each foreclosed property, whether it is found to be vacant or occupied. Upon the notification that a property is vacant or foreclosed on, the Borough will give the owner 45 days to schedule an inspection by the Code Enforcement Officer or the approved personnel by the Borough.
B.
If the property is occupied, it shall be inspected monthly by the lender or their 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 Borough. Upon the notification that a property is vacant or foreclosed on, the Borough will give the owner 45 days to schedule an inspection by the Code Enforcement Officer or the approved personnel by the Borough.
C.
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, 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.
D.
A nonrefundable annual registration fee in the amount of $500 per foreclosure property shall accompany the registration form or website registration, along with a proof of inspection. The annual registration fee shall not be prorated.
E.
All registration fees must be paid directly from the lender or its designated mortgage services. Third-party registration fees are not allowed without the consent of the Borough and its authorized designee.
F.
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 the lender.
G.
Properties subject to this section shall remain under the annual registration requirement, and the inspection, security and maintenance standards of this chapter, 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.
H.
Any lender that has registered a property under this section must report any change of information contained in the registration within 15 days of this change.
I.
Failure of the lender to properly register or 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.
J.
Pursuant to any administration or judicial finding and determination that any property is in violation of this section, the Borough 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.
K.
Inspections.
(1)
Upon the registration of a vacant property, the Borough's enforcement officer will conduct an inspection of the property to determine if it complies with the Property Maintenance Code, Fire Code, Building Code and all other applicable laws, ordinances and regulations.
(2)
If the building is found to be in violation of any such codes, laws, ordinances or regulations, the Borough shall issue a notice of violation as per the requirements of each such code, law, ordinance or regulation violated or refer the matter to the appropriate federal, state or county agency for enforcement proceedings. With respect to matters to be enforced by the Borough, officials shall direct that the owner comply with the enforcement notice.
(3)
The enforcement officer may conduct additional inspections of a property when he/she determines that there has been a modification of a structure or building, a change of use of a structure or building, damage to a structure or building from any source, a potential or actual violation of any law, ordinance or regulation applicable thereto, or a determination by the enforcement officer that circumstances have changed with respect to the condition or use of any structure or building on the property.
L.
The enforcement officer is authorized and directed to make inspections at any reasonable hour to determine compliance with the Property Maintenance Code, Fire Code or any other applicable code, law, ordinance or regulation. For this purpose, the inspector is authorized to enter and examine any building, structure, yard, or portions thereof, and every owner, operator, tenant or occupant shall allow the enforcement officer, his agents or assistants access thereto.
A.
Properties subject to this chapter 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, and 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, peeling paint or similar markings by removal or painting over with 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 Borough 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 designated specifically for residential installation. Acceptable maintenance of yards and/or landscape shall not include weeds, gravel, broken concrete, asphalt or similar materials.
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 drained and covered as to remain free and clear of pollutants and debris and shall comply with the regulations set forth in the Borough Code.
G.
Failure of the lender to properly maintain the property may result in a violation of the Borough Code and issuance of a citation or notice of violation. Pursuant to a finding and determination by the enforcement officer or a court of completed jurisdiction, the Borough may take the necessary action to ensure compliance with this chapter.
H.
In addition to the above, the property is required to be maintained in accordance with the Borough Code.
A.
Properties subject to this chapter 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 person 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 has become vacant, a property manager shall be designated by the lender to perform the work necessary to bring the property into compliance with the Borough Code, and the property manager must perform regular inspections to verify compliance with the requirements of this chapter, and any other applicable law.
All blighted 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 Borough. Nothing herein shall be deemed to alter or otherwise supersede the terms of "public nuisance" or "nuisance" as used elsewhere in this chapter.
Adherence to this chapter does not relieve any person, legal entity or agent from any other obligations set forth in the Borough Code which may apply to the property. Upon the transfer of title of a foreclosure property to a new owner, other than a lender, the owner shall be responsible for all violations of the Borough Code, and the owner shall be responsible for meeting with the Borough's Code Enforcement Officer within 45 days of the date of transfer for a final inspection report, and the owner shall abate all violations cited in the inspection report within 45 days from the date of the report.
A.
If the enforcement officer has a 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 enforcement officer may temporarily secure the property at the expense of the lender or new owner.
B.
The enforcement officer shall have the authority to require the lender or new owner of record of any property affected by this chapter 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 chapter is posing a serious threat to the public health, safety and welfare, then the enforcement officer may recommend that the Borough abate the violations, and the Borough may abate the violations and charge the lender or new owner with the cost of the abatement.
D.
If the lender or new owner does not reimburse the Borough for the cost of temporarily securing the property or of any abatement thereof within 30 days of the Borough sending an invoice, then the Borough may lien the property with such cost, along with administration fee of $500 to recover the administration services, plus any attorney's fees incurred by the Borough.
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 chapter shall be punishable as provided in the Borough Code or by a court of competent jurisdiction.
Any enforcement officer or any person authorized by the Borough to enforce the provisions of this chapter shall be immune from prosecution, civil or criminal, for reasonable, good-faith entry upon real property while in the discharge of duties imposed in this chapter.
Any person who shall violate the provisions of this chapter may be cited and fined pursuant to the Borough Code and Pennsylvania statutes. The description 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 Borough Code, except to the extent that different types of violations of the Borough Code may carry different civil penalties for each section of this chapter 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 chapter, the relevant section(s) shall be examined.
A.
A one-time, one-year waiver of the registration fee may be granted by the enforcement officer upon application of the owner and upon review and advice of the Borough Solicitor if the owner:
(1)
Demonstrates with satisfactory proof to the enforcement officer that he/she has submitted valid architectural or building plans, based on the Borough's building permit and/or planning application procedures, and otherwise has shown good-faith efforts to rehabilitate, demolish, or otherwise substantially repair, improve or remove the vacant building; or
(2)
Demonstrates with satisfactory proof to the enforcement officer that he/she is actively marketing the property for sale/lease. "Actively marketing" will be defined as an owner having placed a "for sale" or a "for lease" sign on the exterior of the property with accurate contact information, which information is provided to the Borough and has done at least one of the following:
(a)
Engaged the services of a licensed real estate broker, whose name, address, telephone number and email will be provided to the enforcement officer;
(b)
Placed weekly advertisements in print or electronic media;
(c)
Distributed printed advertisements;
(d)
Listed the property for sale or lease in the local multiple listing service (MLS).
If the owner fails to pay the registration fee when due, the registration shall be deemed incomplete, the owner shall be in violation hereof, and he/she/it shall be subject to a penalty as set forth below.
If the status of the registration information changes, including, but not limited to, the ownership of the property, it is the responsibility of the owner to contact the enforcement officer within 30 days of the occurrence of such change and to provide the Borough with an amended registration, in writing, detailing such changes.
The failure or refusal for any reason of an owner to file a registration statement or to pay any fees required to be paid pursuant to the provisions of this chapter or any other violation of the provisions of this chapter shall constitute a summary offense punishable upon conviction thereof by a fine not to exceed $500 per violation and/or imprisonment as provided by law for summary offenses. Each day in which an owner is in violation of the terms hereof and each section of this chapter violated shall be considered separate offenses for which the above penalties may be imposed. This chapter shall become effective five days after the enactment hereof.
Registration and penalty fees outlined in this chapter may be modified by a resolution passed and adopted by the Mount Holly Springs Borough Council.
All ordinances and resolutions or parts thereof inconsistent herewith are repealed; however, all other tax ordinances or resolutions shall remain in effect.