[Added 1-12-2015 by Ord.
No. 1051 (Ch. 124, Art. V, of the 1998 Code)]
It is the purpose and intent of the Township to establish a
process to address the deterioration and blight of the Township neighborhoods
caused by an increasing amount of abandoned, foreclosed or distressed
real property located within the Township and to identify, regulate,
limit and reduce the number of abandoned properties located within
the Township. It is the Township'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 abandoned
and foreclosed properties.
The following words, terms and phrases, when used in this article
shall have the meaning ascribed to them in this section, except where
the context clearly indicates a different meaning.
Any real property located in the Township, whether vacant
or occupied, that is in default on a mortgage, has had a lis pendens
(NOTE: Lis pendens is Latin for "suit pending." This may refer to
any pending lawsuit or to a specific situation with a public notice
of litigation that has been recorded in the same location where the
title of real property has been recorded. This notice secures a plaintiff's
claim on the property so that the sale, mortgage, or encumbrance of
the property will not diminish the plaintiff's rights to the property
should the plaintiff prevail in its case.) 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.
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.
To include but not be limited to the Township's Zoning Code,
the Township's Property Maintenance Code, solid waste ordinances,
residential and commercial recycling ordinances and the Pennsylvania
Building and Fire Codes, including the Municipality's Codified Book
of Ordinances.
Properties that have broken or severely damaged windows, doors,
walls or roofs which create hazardous conditions and encourage trespassing;
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 Township
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 lack maintenance
as required by the applicable codes.
Any law enforcement officer, building official, zoning inspector,
Ordinance Enforcement Officer, fire inspector or building inspector,
or other person authorized by the Township to enforce the applicable
code(s).
The lender in a mortgage, usually a bank.
The borrower in a mortgage, typically a homeowner.
Any person, legal entity or 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 the property involved.
A local property manager, property maintenance company or
similar entity responsible for the maintenance of abandoned real property.
A private company that collects payments on a loan, responds
to customer service inquiries and performs other administrative tasks
associated with maintaining a loan. Loan servicers also disburse loans/funds,
monitor loans, respond to borrower inquiries, maintain records and
ensure that the loans are administered in compliance with federal
regulations and other legal requirements.
Any building or structure that is not legally occupied and is not currently being offered for sale, rent or lease evidenced by a sign posted on the subject property advertising the property for sale, rent or lease with contact information, ownership information, and current phone number and/or an active listing on an electronic database accessible to municipal staff. This shall also include those properties subject to the provisions of § 310-19 of this article, which shall be defined as vacant and abandoned and subject to the requirements of registration and other provisions of this article.
Exception. This definition shall not apply to properties where
the owners have, for reasons such as extended vacations, nursing home
care, or temporary employment, not occupied their homes for over 90
days but intend to return and have notified Wilkins Township of their
intention.
This article 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 Township above and beyond any other
state, county or local provisions for the same.
Pursuant to the provisions of § 310-15, the Township or its designee shall establish a registry cataloging each abandoned property within the Township, containing the information required by this article.
A.
Any mortgagee who holds a mortgage on real property located within
the Township of Wilkins 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 Property Enforcement Officer, or other Township
designee, on forms provided by the Township 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.
If the property is occupied but remains in default, it shall be inspected
by the mortgagee or his designee monthly until:
(1)
The mortgagor or other party remedies the default; or
(2)
It is found to be vacant or shows evidence of vacancy, at which time
it is deemed abandoned, and the mortgagee shall, within 10 days of
that inspection, update the property registration to a vacancy status
on forms provided by the Township.
C.
Registration pursuant to this section shall contain the name of the
mortgagee and the servicer, the direct mailing address of the mortgagee
and the server, a direct contact name and telephone number for both
parties, facsimile number and email address for both parties, the
PIN 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.
All registration fees must be paid directly from the mortgagee, servicer,
trustee or owner. Third-party registration fees are not allowed without
the consent of the Township and/or its authorized designee.
E.
This section shall apply to properties that have 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 provisions of this section
shall also apply to owners, servicers, trustees, property managers,
and agents of all vacant and/or abandoned property, whether or not
the subject of a mortgage.
F.
Properties subject to this section shall remain under the annual
registration requirement and the inspection, security and maintenance
standards of this section as long as they remain vacant or in default.
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 and/or owner to properly register or to
modify the registration form from time to time to reflect a change
of circumstances as required by this article is a violation of the
article and shall be subject to enforcement.
I.
Pursuant to any administrative or judicial finding and determination
that any property is in violation of this article, the Township 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.
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 of the 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 enclosure
requirements of the Uniform Construction Code and International Property
Maintenance Code, as amended from time to time.[1]
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
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 Township. Pursuant to a finding and determination by the
Township's Ordinance Enforcement Officer, magistrate or a court of
competent jurisdiction, the Township 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 codes of the Township, including but not limited to all other provisions of this article and Chapter 322, Rental Property, of the Code of the Township, as well as Article I, Property Maintenance Code Provisions, of this chapter, Chapter 160, Construction Codes, Uniform, and Chapter 201, Fire Prevention, and other applicable codes of the Township.
A.
Properties subject to these sections 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 child 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 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.
D.
Posting.
(1)
The property shall be posted with the name and twenty-four-hour contact
phone number of the local property management company. The posting
shall be no less than an eight-inch-by-ten-inch sign containing the
name of the management company and the name and telephone number of
an individual to whom to report problems or concerns.
(2)
The posting shall be placed on the interior of a window facing the
street to the front of the property so it is visible, or secured to
the exterior of the building/structure facing the street to the front
of the property so it is visible or if no such area exists, on a stake
of sufficient size to support the posting in a location as close as
possible to the main door entrance to the property. Exterior postings
shall be constructed of and printed with weather-resistant materials.
E.
The local property management company shall inspect the property
on a monthly basis to ensure that the property is in compliance with
this section. Upon the request of the Township, the company shall
provide a copy of the inspection reports to the Township.
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 Township.
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 Township's Property Maintenance Officer 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 Ordinance Enforcement
Officer may temporarily secure the property at the expense of the
mortgagee and/or owner and may bring the violations before the magistrate
as soon as possible to address the conditions of the property.
B.
The Ordinance Enforcement Officer or magistrate 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
Ordinance Enforcement Officer or magistrate may direct the Township
to abate the violations and charge the mortgagee with the cost of
the abatement.
D.
If the mortgagee does not reimburse the Township for the cost of
temporarily securing the property or for any abatement directed by
the Ordinance Enforcement Officer or magistrate within 30 days of
the Township sending the mortgagee the invoice then the Township may
lien the property with such cost, along with an administrative fee
as determined in the Township's fee resolution 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 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 article.
A.
A nonrefundable registration fee in the amount of $50 per property
shall accompany the registration form.
B.
This article shall be enforced by action brought before a Magisterial
District Judge in the same manner provided for the enforcement of
summary offenses under the Pennsylvania Rules of Criminal Procedure.
Any person, partnership, corporation or other entity who or which
violates or permits a violation of the provisions of this article
shall, upon conviction in a summary proceeding, pay a fine of not
more than $1,000, plus the costs of prosecution, and in default of
the payment of the fine and costs of prosecution, shall be imprisoned
for a period not exceeding 30 days. Each day that the violation continues
shall be considered a separate offense.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
C.
Amendments. Registration and penalty fees outlined in this article
may be modified by a resolution, passed and adopted by the Board of
Commissioners of the Township of Wilkins.
