Unless otherwise expressly stated, the following words and phrases
shall, for the purposes of this chapter, have the hereinafter indicated
meanings:
Any real property located in the Borough of Lewisburg, whether
vacant or occupied, that is, or has been, the subject of:
A mortgage foreclosure action, notice or default;
A bankruptcy sale or notice;
A delinquent tax sale or notice; or
A mortgage foreclosure action where the title to the property
has been retained by the beneficiary of a deed involved in the foreclosure
or transferred under a deed in lieu of foreclosure/sale.
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.
Properties:
That have broken or severely damaged windows, doors, walls or
roofs which create hazardous conditions and encourage trespassing;
Whose maintenance is not in conformance with the maintenance
of other neighboring properties, causing a decrease in value of the
neighboring properties;
That have been cited for violations of the Borough's Property
Maintenance Code[1]; or
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's Building, Zoning or Property Maintenance
Codes.[2]
Any structure utilized or intended for supporting or sheltering
any occupancy.
The official who is charged with the administration and enforcement
of the Borough's Property Maintenance Code; or any representative,
including Code Enforcement Officer, Fire Code Official, Building Code
Official, Building Inspector, Zoning Officer, or other person, duly
authorized by the Borough of Lewisburg to enforce its 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 unoccupied. Such conditions include, but are not limited to, overgrown
and/or dead vegetation; accumulation of newspapers, circulars, flyers
and/or mail; past-due utility notices and/or disconnected utilities;
accumulation of trash, junk and/or other debris; the absence of window
coverings such as curtains, blinds and/or shutters; the absence of
furnishings and/or personal items consistent with residential habitation;
statements by neighbors, passerby, delivery agents, or government
employees that the property is unoccupied.
The process by which a property, placed as security for a
real estate loan, is sold at a public or Sheriff's sale to satisfy
the debt if the mortgagor (borrower) defaults.
The animal or vegetable waste resulting from the handling,
preparation, cooking and consumption of food.
All grasses, annual plants and vegetation, other than trees
or shrubs, in excess of 10 inches in height or until such plant goes
to seed; provided, however, this term shall not include cultivated
flowers and gardens.
A plant part or plant in any stage of development that is
determined to be injurious to crops, livestock, agricultural land
or other property, including forest land and bodies of water.
As applied to a building or structure subject to the provisions
of this chapter means where one or more persons actually conducts
a lawful business or resides in all or any part of the building as
the licensed business-occupant, or as the legal or equitable owner/occupant(s)
or tenant(s) on a permanent, nontransient basis, or any combination
of the same. For purposes of this chapter, evidence offered to prove
that a building is so occupied may include, but shall not be limited
to, the regular receipt of delivery of regular mail through the U.S.
Postal Service; proof of continual telephone, electric, gas, heating,
water and sewer services; a valid Borough or state business license,
or the most recent federal, state or local tax statements indicating
that the subject property is the official business or residence address
of the person or business claiming occupancy; or proof of tenant-occupied
property license inspection.
Any person:
Having a legal or equitable interest in a property;
Having a legal interest in, or holding title to, a property,
for which a deed is recorded in the Office of the Recorder of Deeds
in and for Union County, Pennsylvania; or
Otherwise having control of the property, including the guardian,
executor, or administrator of the estate of such person.
An individual, corporation, partnership, association, entity,
financial institution, bank, credit union, savings and loan company,
investment firm, government agency, government authority, municipal
corporation, or any other group acting as a unit.
Same definition as "property."
A lot, plot, tract or parcel of land, easement, or public
way, including any structures thereon.
Combustible and noncombustible waste materials, except garbage,
including, but not limited to, the residue from the burning of wood,
coal, coke and other combustible materials, paper, rags, cartons,
boxes, wood, excelsior, rubber, leather, tree branches, yard trimmings,
tin cans, metals, mineral matter, glass, crockery and dust and other
similar materials.
That which is built or constructed or a portion thereof;
provided, however, that the word "structure" shall not include any
unit in a larger building where the unit owner does not have responsibility
to maintain any other portion of the property besides the unit.
As applied to a building or structure subject to the provisions
of this chapter, means no person or persons lawfully resides or occupies
any part of the building as the legal or equitable owner(s) or tenant-occupant(s),
or the owner-occupants, or as tenant(s) on a permanent nontransient
basis.
An uncultivated, invasive, or noxious plant, growing where
it is not wanted and in competition with cultivated plants, or any
plant adjudged by the Borough or the Code Official to be a nuisance
in its existing form or location.
An open space on the same lot with a structure.
