This chapter may be referred to as "New Cumberland Borough Foreclosed and Vacant Property Registration Ordinance."
[HISTORY: Adopted by the Borough Council of the Borough of New Cumberland 2-9-2022 by Ord. No. 711. Amendments noted where applicable.]
The purpose of this chapter is to establish a procedure for the registration of foreclosed and vacant properties located within the Borough so as to facilitate the protection of neighborhoods from the negative impacts and conditions that occur as a result of vacancy, absentee ownership, and lack of adequate maintenance and security, and to provide a method to expeditiously identify contact persons for each property responsible for this protection. It is not the intent of this chapter to determine the rights and liabilities of persons under agreements to which New Cumberland Borough is not a party. This chapter 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 chapter, provided that no provision of any lease or other agreement shall be construed to excuse compliance with this chapter. Additionally, a violation of this chapter 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 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.
Any state or local laws, ordinances, or regulations applicable to the use, ownership, or maintenance of real property in New Cumberland Borough, including, but not limited to, Chapter 395, Zoning, Chapter 269, Property Maintenance, nuisance ordinances, solid waste and recyclables ordinance, and building and fire codes.
Any law enforcement officer, Building Official, Zoning Officer, Codes Enforcement Officer, Fire Marshal, or other person authorized by New Cumberland Borough to enforce the applicable code(s).
Any condition that on its own, or combined with other conditions present, would lead a reasonable person to believe that the property is vacant. Such conditions may include, but are not limited to, overgrown and/or dead vegetation; past due utility notices and/or disconnected utilities; accumulation of trash junk or debris; abandoned vehicles, auto parts and/or materials; the absence of furnishings and/or personal items consistent with habitation or occupancy; the presence of an unsanitary, stagnant swimming pool; the accumulation of newspapers, circulars, flyers and/or mail; statements by neighbors, passers-by, delivery agents or government agents; and/or the presence of boards over doors, windows or other openings in violation of applicable code.
The legal process by which a mortgagee, or other 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, 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 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, excluding government entities.
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 chapter, including a mortgagee which has initiated foreclosure proceedings on real property located within New Cumberland Borough.
Means any improved or unimproved 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 New Cumberland Borough.
Includes:
Any real property located in New Cumberland Borough, whether vacant or occupied, 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 judgment 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 "registrable" 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 60 days or any cancellation of utility or service, whichever occurs first.
The registration of registrable properties six months from the date of the first action that requires registration, as determined by New Cumberland Borough, or its designee, and every subsequent six months thereafter. The date of the initial registration may be different than the date of the first action that required registration.
Any improved parcel of land in New Cumberland Borough that is not legally occupied. Vacant property does not mean property that is temporarily unoccupied while the residents are away on vacation, personal matters or business, or is not intended by the owner to be left vacant, so long as the period does not exceed 60 days.
New Cumberland Borough hereby establishes a Foreclosed and Vacant Property Registry which shall include all information pertaining to registrable properties as required in this chapter.
A.
Any mortgagee who initiates foreclosure proceedings against real property located within New Cumberland Borough shall perform an inspection of the property to determine vacancy or occupancy, within 60 days of the initiation of said foreclosure proceedings. The mortgagee shall, within 10 days of the inspection, register the property with the Code Enforcement Department, or its designee, 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 email 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 registrable property on the effective date of this chapter have 60 calendar days from the effective date to register the property with the Code Enforcement Department, or its designee, 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.
If the servicing rights for a mortgage on a registrable property are sold or transferred, the registration must be updated to include all the new servicer information within 10 days of the servicing transfer.
E.
As long as the property is registrable, the mortgagee, or designee, shall inspect the property on a monthly basis. 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.
F.
Properties subject to this section shall remain under the semiannual registration requirement, and the inspection, security and maintenance standards of this section as long as they are registrable.
G.
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.
H.
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.
I.
Pursuant to any administrative or judicial finding and determination that any property is in violation of this chapter, New Cumberland 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.
J.
Properties subject to this chapter shall be maintained in accordance with the applicable code(s) of New Cumberland Borough.
A.
Any owner of vacant property located within the Borough shall register the property with Foreclosed and Vacant Property Registry within 10 days after the property becomes vacant.
B.
Initial registration pursuant to this section shall contain at a minimum the name of the owner, the mailing address of the owner, email address, and telephone number of the owner, and if applicable, the name and telephone number of the property manager and said person's address, email address, and telephone number.
C.
If the property is sold or transferred, the new owner is subject to all the terms of this chapter. 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.
D.
Properties subject to this section shall remain subject to the semiannual registration requirement, and the inspection, security, and maintenance standards of this section as long as the property is vacant.
E.
Failure of the owner to properly register or to modify the registration to reflect a change of circumstances as required by this chapter is a violation of this chapter and shall be subject to enforcement by any of the enforcement means available to the Borough.
F.
If any property is in violation of this chapter the Borough 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.
If any section, sentence, clause or phrase of this chapter is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this chapter.
All ordinances or parts of ordinances in conflict herewith, are and the same are hereby repealed.
This chapter shall take effect immediately in accordance with all applicable laws.