[Ord. 2016-3, 10/3/2016]
It is the purpose and intent of the Borough of Forty Fort to
establish a process to address the deterioration and blight of Borough
neighborhoods caused by an increasing amount of vacant, abandoned,
foreclosed or distressed real property located within the Borough
and to identify, regulate, limit and reduce the number of abandoned
properties 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 or abandoned or foreclosed properties.
[Ord. 2016-3, 10/3/2016]
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:
ABANDONED REAL PROPERTY
Any real property located in the Borough, 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. Abandoned property shall also include any
and all real estate located in the Borough which remains uninhabited
for a consecutive period in excess of 90 days.
ACCESSIBLE PROPERTY/STRUCTURE
A property that is accessible through a compromised/breached
gate, fence, wall, door, etc., or a structure that is unsecured and/or
breached in such a way as to allow access to the interior by unauthorized
persons.
APPLICABLE CODES
Includes but is not limited to, the Borough Code of the Commonwealth of Pennsylvania, the Forty Fort Code (including, but not limited to, the terms and provisions of this Chapter
11), the Zoning Ordinance of the Borough of Forty Fort, Pennsylvania Building and Fire Codes and any property maintenance or other like or similar code adopted by reference or incorporated as part of any Forty Fort Borough ordinance, and/or any solid waste, streets and sidewalks, or property rental ordinance, residential inspection and like or similar type ordinance(s) of Forty Fort Borough.
BLIGHTED PROPERTY
A.
Any real property that has broken or severely damaged windows,
doors, walls, or roofs which create a hazardous condition and encourage
trespassing; or
B.
Any real property whose maintenance is not in conformity with
the maintenance of other neighboring properties, causing a decrease
in value of the neighboring properties; or
C.
Properties cited for a public nuisance pursuant to a Forty Fort
Borough ordinance; or
D.
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 applicable codes.
ENFORCEMENT OFFICER
Any law enforcement officer, Building Code Official, Zoning
Officer or Inspector, Fire Inspector or Building Inspector, or other
person authorized by the Borough to perform inspections and/or to
enforce an/the applicable code(s).
OWNER
Any person, legal entity or other party having an 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 real property
involved.
PROPERTY MANAGEMENT COMPANY
A local property manager, property maintenance company or
similar entity responsible for the maintenance of abandoned real property
or an accessible property/structure.
VACANT
Any building or structure that is not legally occupied.
[Ord. 2016-3, 10/3/2016]
The sections of this Part of Chapter
11 shall be considered cumulative and not superseding or subject to any other law or provision for the same, but rather shall be an additional remedy available to the Borough above any other state, county or local provisions for the same.
[Ord. 2016-3, 10/3/2016]
The Borough of Forty Fort shall establish a registry cataloging each abandoned property within the Borough, containing the information required by this Part of Chapter
11.
[Ord. 2016-3, 10/3/2016]
All abandoned real property is hereby declared to be a public
nuisance, the abatement of which, pursuant to the police power of
the Borough, is hereby declared to be necessary for the preservation
and protection of the health, safety and welfare of the residents
of the Borough.
[Ord. 2016-3, 10/3/2016]
Adherence to the requirements of this Part
4 of Chapter
11 does not relieve any person, legal entity or agent of such person or legal entity from any other obligations set forth in any applicable Borough ordinance which may apply to the property. Upon offer for sale or transfer of title to the property, the owner conveying such title shall be responsible to notify the Borough's Code Enforcement Office, which shall be permitted to conduct a presale inspection.
[Ord. 2016-3, 10/3/2016]
Whoever opposes, obstructs or resists any enforcement officer or any person authorized by the Borough's enforcement offices in the discharge of duties provided in this Part
4 of Chapter
11 shall be punishable as provided in §
11-413 and/or as provided in any applicable code in a court of competent jurisdiction.
[Ord. 2016-3, 10/3/2016]
Any enforcement officer or any person authorized by the Borough to enforce the sections of this Part
4 of Chapter
11 shall be immune from prosecution and/or liability, civil or criminal, for reasonable, good-faith entry upon real property while in the discharge of duties imposed by this Part and chapter.
[Ord. 2016-3, 10/3/2016]
Registration and penalty fees set forth in §
11-413 may be amended or modified, from time to time, by means of a resolution passed by the Forty Fort Borough Council.
[Ord. 2016-3, 10/3/2016]
If any section, subsection, clause, phrase or portion of this Part
4 of Chapter
11 is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, such section, subsection, clause, phrase or other portion shall be deemed and construed as separate, distinct and independent from all other sections, subsections, clauses, phrases or portions, and such holding of invalidity or unconstitutionality shall not affect the validity of the remaining sections, subsections, clauses, phrases or portions of such Part
4 of Chapter
11.
[Ord. 2016-3, 10/3/2016]
Any other ordinances or parts of ordinances or resolutions inconsistent
herewith are hereby repealed to the extent of such inconsistency.
[Ord. 2016-3, 10/3/2016]
It is the intention of the Borough Council of the Borough of Forty Fort, Luzerne County, Pennsylvania, that the Part
4 of Chapter
11 provisions set forth herein shall become a part of the Forty Fort Code.
[Ord. 2016-3, 10/3/2016]
This Part shall become effective immediately upon enactment
by the Forty Fort Borough Council.