[Ord. 544, 12/28/1970, § 1]
The Earned Income Tax Collector be and he is hereby authorized,
empowered and directed to require all owners of rental property which
is located within the Township of Ross to submit to the Earned Income
Tax Collector of the Township of Ross the names and addresses of all
persons occupying such property. The Collector shall prepare forms
for such purpose and shall advise all such owners of their duty to
report the identity of their tenants within 15 days of occupancy.
[Added by Ord. No. 2485, 9/19/2022]
It is the purpose and intent of the Commissioners to establish
a process to address the deterioration, crime, and decline in value
of Township neighborhoods caused by property with foreclosing or foreclosed
mortgages located within the Township, and to identify, regulate,
limit and reduce the number of these properties located within the
Township. It has been determined that owner-occupied structures are
generally better maintained when compared to vacant structures, even
with a diligent off-site property owner. Vacant structures or structures
owned by individuals who are economically strained and unable to meet
their mortgage obligations are often not properly or diligently maintained,
which contribute to blight, declined property values, and have a negative
impact on social perception of the residential areas where they are
located. It is the Commissioners' further intent to establish
a registration program as a mechanism to help protect neighborhoods
from becoming blighted through the lack of adequate maintenance of
properties that are in foreclosure or foreclosed, and to provide a
mechanism to avert foreclosure actions through timely intervention,
education, or counseling of property owners.
[Added by Ord. No. 2485, 9/19/2022]
The following words, terms, and phrases, when used in this Part,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning.
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.
Any law enforcement officer, building official, zoning inspector,
code enforcement officer, fire inspector, building inspector, or other
person authorized by the Township 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, passersby,
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 or attempts to terminate 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. The legal 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 nonrelated bona fide purchaser
in an arm's-length transaction to satisfy the debt or lien.
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; or any other person or entity with the legal right
to foreclose on the real property, excluding governmental entities
as the assignee or owner.
Every person, entity, or mortgagee, who alone or severally
with others, has legal or equitable title to any real property as
defined by this Part; has legal care, charge, or control of any such
property; is in possession or control of any such property; and/or
is vested with possession or control of any such property. The property
manager shall not be considered the owner.
Any party designated by the owner as responsible for inspecting,
maintaining and securing the property as required in this Part.
Any residential or commercial land and/or buildings, leasehold
improvements and anything affixed to the land, or portion thereof
identified by a property parcel identification number, located in
the Township limits.
Any real property located in the Township, whether vacant or
occupied, that is encumbered by a mortgage 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 foreclosure property as registrable shall remain
in place until such time as the property is sold to a nonrelated bona
fide purchaser in an arm's-length transaction or the foreclosure
action has been dismissed; or
Any property that is vacant for more than 30 days or any cancellation
of utility or service, whichever occurs first.
A web-based electronic database of searchable real property
records, used by the Township to allow mortgagees and owners the opportunity
to register properties and pay applicable fees as required in this
Part.
Six months from the date of the first action that requires
registration, as determined by the Township, 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.
Any utility and/or service that is essential for a building
to be habitable and/or perform a service necessary to comply with
all Township codes. This includes, but is not limited to, electrical,
gas, water, sewer, lawn maintenance, pool maintenance, and snow removal.
Any parcel of land in the Township that contains any building
or structure that is not lawfully occupied.
[Added by Ord. No. 2485, 9/19/2022]
This Part applies to foreclosing, foreclosed, and vacant property
within the Township.
[Added by Ord. No. 2485, 9/19/2022]
[Added by Ord. No. 2485, 9/19/2022]
1.
Any mortgagee who holds a mortgage on real property located within
the Township shall perform an inspection of the property upon default
by the mortgagor as evidenced by the filing of a foreclosure action.
2.
Property inspected pursuant to Subsection 1 above that remains in foreclosure shall be inspected every 30 days by the mortgagee or mortgagee's designee. 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.
3.
Within 10 days of the date any mortgagee files a foreclosure action,
the mortgagee shall register the real property with the Township Registry,
and, at the time of registration, indicate whether the property is
vacant, and if so shall designate, in writing, a property manager
to inspect, maintain, and secure the real property subject to the
mortgage under a foreclosure action when legally possible. A separate
registration is required for each property under a foreclosure action,
regardless of whether it is occupied or vacant.
4.
Initial registration pursuant to this section shall contain at a
minimum the name of the mortgagee, the mailing address of the mortgagee,
email address, telephone number and name of the property manager and
said person's address, email address, and telephone number.
5.
At the time of initial registration each registrant shall pay a nonrefundable
semiannual registration fee of $500 for each property. Subsequent
nonrefundable semiannual renewal registrations of 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 defaulted properties, 3) post-closing counseling
and foreclosure intervention limited to owner-occupied persons in
default, which may not include cash and mortgage modification assistance,
and 4) for any related purposes as may be adopted in the policy set
forth in this Part. Said fees shall be deposited to a special account
in the Township's department dedicated to the cost of implementation
and enforcement of this Part and fulfilling the purpose and intent
of this Part. None of the funds provided for in this section shall
be utilized for the legal defense of foreclosure actions.
6.
If the mortgage and/or servicing on a registrable property is sold
or transferred, the new mortgagee is subject to all the terms of this
Part. Within 10 days of the transfer, the new mortgagee shall register
the property or update the existing registration. The previous mortgagee(s)
will not be released from the responsibility of paying all previous
unpaid fees, fines, and penalties accrued during that mortgagee's
involvement with the registrable property.
7.
If the mortgagee sells or transfers the registrable property in a
non-arm's-length transaction to a related entity or person, the
transferee is subject to all the terms of this Part. Within 10 days
of the transfer, the transferee shall register the property or update
the existing registration. Any and all previous unpaid fees, fines,
and penalties, regardless of who the mortgagee was at the time registration
was required, including, but not limited to, unregistered periods
during the foreclosure process, are the responsibility of the transferee
and are due and payable with the updated registration. The previous
mortgagee will not be released from the responsibility of paying all
previous unpaid fees, fines, and penalties accrued during that mortgagee's
involvement with the foreclosed property.
8.
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 semiannual 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.
9.
This section shall also apply to properties that have been the subject
of a foreclosure sale where title is transferred to the mortgagee
as well as any properties transferred to the mortgagee under a deed
in lieu of foreclosure or by any other legal means.
10.
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 remains registrable
property.
11.
Failure of the mortgagee and/or property owner of record to properly
register or to modify the registration to reflect a change of circumstances
as required by this Part is a violation of this Part and shall be
subject to enforcement by any of the enforcement means available to
the Township.
12.
If any property is in violation of this Part, the Township may take
the necessary action to ensure compliance with and/or place a lien
on the property for the cost of the outstanding obligation and any
additional cost incurred to the property into compliance.
13.
Registration of foreclosure property does not alleviate the mortgagee
and/or owner from obtaining all required licenses, permits and inspections
required by applicable code or state statutes. Acquisition of required
licenses, permits and inspections or registration of rental property
does not alleviate the requirement for the property to be registered
under this section. Mortgagee and/or owner is expected to update the
status of the property in the event of a mortgagee managed rental.
[Added by Ord. No. 2485, 9/19/2022]
1.
Any owner of vacant property located within the Township shall within
10 days after the property becomes vacant, register the real property
with the Township Registry.
2.
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.
3.
At the time of initial registration each registrant shall pay a nonrefundable
semiannual registration fee of $500 for each vacant property. Subsequent
nonrefundable semiannual 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 Part. Said
fees shall be deposited to a special account in the Township's
department dedicated to the cost of implementation and enforcement
of this Part, and fulfilling the purpose and intent of this Part.
4.
If the property is sold or transferred, the new owner is subject
to all the terms of this Part. Within 10 days of the transfer, the
new owner shall register the vacant property. 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.
5.
If the vacant property is not registered, or either the registration
fee or the semiannual registration fee is not paid within 30 days
of when the registration or semiannual registration is required pursuant
to this section, a late fee shall be equivalent to 10% of the semiannual
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.
6.
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.
7.
Failure of the owner to properly register or to modify the registration
to reflect a change of circumstances as required by this Part is a
violation of this Part and shall be subject to enforcement by any
of the enforcement means available to the Township.
8.
If any property is in violation of this Part, the Township 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.
9.
Properties registered as a result of this section are not required
to be registered again pursuant to the foreclosure mortgage property
section.
[Added by Ord. No. 2485, 9/19/2022]
1.
Properties subject to this Part 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.
2.
Registrable 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.
3.
Front, side, and rear yards, including landscaping, of registrable
property shall be maintained in accordance with the applicable code(s)
at the time registration is required.
4.
Registrable 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. Acceptable maintenance
of yards and/or landscape shall not include weeds, gravel, broken
concrete, asphalt or similar material.
5.
Maintenance shall include, but not be limited to, watering, irrigation,
cutting and mowing of required ground cover or landscape and removal
of all trimmings.
6.
Pools and spas of 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).
7.
Failure of the mortgagee, owner, and transferees to properly maintain
the property as required by this Part 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 Township. Pursuant to
a finding and determination by the Township Sheriff, Magistrate or
a court of competent jurisdiction, the Township may take the necessary
action to ensure compliance with this section.
8.
In addition to the above, the property is required to be maintained
in accordance with the applicable code(s) of the Township.
[Added by Ord. No. 2485, 9/19/2022]
1.
Properties subject to these sections shall be maintained in a secure
manner so as not to be accessible to unauthorized persons.
2.
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.
3.
If a property is registrable, and the property has become vacant
or blighted, a property manager shall be designated by the mortgagee
and/or owner 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 Part, and any other applicable laws.
4.
In addition to the above, the property is required to be secured
in accordance with the applicable code(s) of the Township.
5.
When a property subject to this Part becomes vacant, it shall be
posted with the name and twenty-four-hour contact telephone number
of the property manager. The property manager shall be available to
be contacted by the Township Monday through Friday between 9:00 a.m.
and 5:00 p.m., legal holidays excepted. The sign shall be placed in
a window facing the street and shall be visible from the street. The
posting shall be no less than 18 inches by 24 inches and shall be
of a font that is legible from a distance of 45 feet. The posting
shall contain the following language with supporting information:
THIS PROPERTY IS MANAGED BY .
AND IS INSPECTED ON A REGULAR BASIS.
THE PROPERTY MANAGER CAN BE CONTACTED
OR BY EMAIL AT .
BY TELEPHONE AT .
6.
The posting required in Subsection 5 above shall be placed on the interior of a window facing the street to the front of the property so that it is visible from the street, or secured to the exterior of the building/structure facing the street to the front of the property so that it is visible from the street or if no such area exists, on a stake of sufficient size to support the posting in a location that is at all times visible from the street to the front of the property but not readily accessible to vandals. Exterior posting shall be constructed of and printed with weather-resistant materials.
7.
Failure of the mortgagee and/or property owner of record to properly
inspect and secure a property subject to this Part, and post and maintain
the signage noted in this section, is a violation and shall be subject
to enforcement by any of the enforcement means available to the Township.
The Township may take the necessary action to ensure compliance with
this section, and recover costs and expenses in support thereof.
[Added by Ord. No. 2485, 9/19/2022]
The provisions of this Part are cumulative with and in addition
to other available remedies. Nothing contained in this Part shall
prohibit the Township from collecting on fees, fines, and penalties
in any lawful manner; or enforcing its codes by any other means, including,
but not limited to, injunction, abatement, or as otherwise provided
by law or ordinance.
[Added by Ord. No. 2485, 9/19/2022]
All registrable property is at risk of being a public nuisance
and if vacant or blighted can constitute 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 Township.
[Added by Ord. No. 2485, 9/19/2022]
1.
If the Enforcement Officer has reason to believe that a property
subject to the provisions of this Part 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
or owner, and may bring the violations before the Code Enforcement,
Commissioners or Special Magistrate as soon as possible to address
the conditions of the property. Nothing herein shall limit the Township
from abating any nuisance or unsafe condition by any other legal means
available to it.
2.
The Sheriff, Code Enforcement, Commissioners or Special Magistrate
shall have the authority to require the mortgagee or owner 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.
3.
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
Sheriff, Code Enforcement, Commissioners or Special Magistrate may
direct the Township to abate the violations and charge the mortgagee
or owner with the cost of the abatement.
4.
If the mortgagee or owner does not reimburse the Township for the
cost of temporarily securing the property, or of any abatement directed
by the Sheriff, Code Enforcement Officer, Code Enforcement, Commissioners
or Special Magistrate, within 30 days of the Township sending the
mortgagee or owner the invoice then the Township may lien the property
with such cost, along with an administrative fee as determined in
the Township's fee ordinance to recover the administrative personnel
services. In addition to filing a lien the Township may pursue financial
penalties against the mortgagee or owner.
5.
The Township may contract with an entity to implement this Part,
and, if so, any reference to the Enforcement Officer herein shall
include the entity the Township contract with for that purpose.
[Added by Ord. No. 2485, 9/19/2022]
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 Part shall be punishable as provided
in the applicable code(s) or a court of competent jurisdiction.
[Added by Ord. No. 2485, 9/19/2022]
Any Enforcement Officer or any person authorized by the Township
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 Part.
[Added by Ord. No. 2485, 9/19/2022]
Unless otherwise provided for in this Part, a violation of this
Part is declared unlawful.
[Added by Ord. No. 2485, 9/19/2022]
Registration fees and penalties outlined in this Part may be
modified by resolution, administrative order, or an amendment to this
Part, passed and adopted by the Commissioners.
[Added by Ord. No. 2485, 9/19/2022]
It is hereby declared to be the intention of the Township that
the sections, paragraphs, sentences, clauses, and phrases of this
Part are severable, and if any phrase, clause, sentence, paragraph,
or section of this Part shall be declared unconstitutional by the
valid judgment or decree of a court of competent jurisdiction, such
unconstitutionality shall not affect any of the remaining phrases,
clauses, sentences, paragraphs, and sections of this Part.
[Added by Ord. No. 2485, 9/19/2022]
All ordinances or parts of ordinances in conflict herewith,
are hereby repealed and replaced.
[Added by Ord. No. 2485, 9/19/2022]
It is the intention of the Commissioners, that the provisions
of this Part shall become and be made a part of the Township Code
of Ordinances; and that the sections of this Part may be renumbered
or relettered to accomplish such intention, and the word "ordinance"
may be changed to "section," "chapter," or such other appropriate
word or phrase in order to accomplish such intentions.
[Added by Ord. No. 2485, 9/19/2022]
This Part shall become effective immediately upon adoption.
