Registration of real property shall be required under the following
circumstances:
A.
Any mortgagee who holds a mortgage on real property located in the
Borough of Lewisburg 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 Central Keystone Council of Governments (CKCOG), Code Enforcement
Office, on forms or website access provided by the CKCOG, and indicate
whether the property is vacant or occupied. A separate registration
is required for each property or dwelling unit, whether it is found
to be vacant or occupied.
B.
Any property located in the Borough of Lewisburg, whether unencumbered
by a mortgage or subject to a mortgage not in default, which is vacant
for more than 30 days shall be registered by the owner on forms or
website access provided by the CKCOG.
C.
If the property is occupied but the mortgagor remains in default,
it shall be inspected by the mortgagee or its designee monthly until:
(1)
The mortgagor or any other person remedies the default; or
(2)
It is found to be vacant or shows evidence of vacancy, at which time
it shall be deemed abandoned and the mortgagee shall, within 10 days
of such inspection, update the property registration to a vacancy
status on forms or website access provided by the CKCOG.
D.
This section shall also 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 deed in lieu of foreclosure/sale.
E.
If any property is found to be vacant or abandoned or shows evidence
of vacancy, then the owner shall register the property with the Central
Keystone Council of Governments (CKCOG), Code Enforcement Office on
forms or website access provided by the CKCOG.
(1)
Such registration shall contain:
(a)
The name of the owner(s) of the property;
(b)
The direct street/office mailing address of the owner(s);
(c)
A direct contact name, phone number and email for the owner(s);
(d)
The local property management company responsible for the security,
maintenance and marketing of the property; or
(e)
If none of the persons listed as "owner'' is shown
at an address located within 30 miles of the subject property, the
registration statement also shall provide the name and address of
a person who resides within 30 miles of the subject property and who
is authorized to accept service of process on behalf of the owner(s)
and who shall be designated as a responsible, local party or agent,
both for the purposes of notification in the event of an emergency
affecting the public health, safety or welfare and for purposes of
service of any and all notices or registration statements as herein
authorized and in connection herewith;
(f)
Any other information deemed necessary by the CKCOG Code Enforcement
Officer for the effective enforcement of this chapter.
(2)
A nonrefundable initial registration fee in the amount of $100 per
property shall accompany the registration form or website registration.
(4)
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 Borough of Lewisburg and the CKCOG.
(5)
If, after the owner(s) is given notice of the amount of the registration
fee due, the owner fails to pay the amount due, said amount shall
constitute a debt due and owing to the Borough of Lewisburg, for which
the Borough may file a municipal claim, thereby creating a lien on
the property as provided by law.
(6)
Properties subject to registration under this chapter shall remain
under the annual registration requirement, security and maintenance
standards of this chapter for so long as they remain vacant.
(7)
Any owner or his/her designee that has registered a property under
this chapter must report to the CKCOG any change of information contained
in the registration within 15 business days of the change.
(8)
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 this
chapter and shall be subject to enforcement.
(9)
Pursuant to any administrative or judicial finding and determination
that any property is in violation of this article, the Borough of
Lewisburg may take the necessary action to ensure compliance and place
a lien on the property by filing a municipal claim for the cost of
the work performed to benefit the property and bring it into compliance.
Any person who owns a vacant property located in the Borough
of Lewisburg shall perform, or contract to have performed, an inspection
of the property within 10 days of purchase or acquisition of the property.
Any vacant building or structure must also be inspected monthly until
the property becomes legally occupied or the property is legally sold
to another person. Such inspections by the owner or his/her designee
shall be for compliance with the standards set forth in this chapter
and those contained in the Borough's Property Maintenance Code.[1] Any noncompliance with this chapter, particularly §§ 240-6 and 240-7 hereof, shall be promptly remedied by the owner.
A.
Properties subject to registration under this chapter shall be kept
free of weeds, high grass, dry brush, dead vegetation, trash, garbage,
junk, debris, rubbish, building materials, any accumulation of newspapers,
circulars, flyers, notices (except those required by federal, state
or local laws), and 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.
Maintenance shall include, but not be limited to, watering, irrigation,
cutting and mowing of required ground cover or landscape and removal
of all trimmings, maintenance of shrubbery and hedges to prevent encroachment
onto neighboring properties or into public rights-of-way, and maintenance
of trees to prevent hazards to neighboring properties or the public.
C.
Maintenance of exterior property shall include front, side and rear
yards, including those areas enclosed by fences.
D.
The property shall be maintained free of graffiti, tagging or similar
markings by removal or painting over with an exterior grade paint
that matches the color of the exterior of the structure.
E.
Pools and spas shall be kept in working order so the water remains
clear and free of pollutants and debris, or drained and kept dry.
In either case, a property with a pool or spa must comply with the
fencing and security requirements of the Borough's Building Code
currently in effect.
F.
Adherence to this chapter does not relieve any property owner of
any obligations set forth in any other ordinance of the Borough of
Lewisburg, including, but not limited to, the Borough's Zoning
and Property Maintenance Ordinances.[1]
G.
Failure of the mortgagee (lender) and/or owner to properly maintain
the property may result in a violation of the Borough's applicable
code(s) and issuance of a citation or notice of violation in accordance
with the applicable code of the Borough.
A.
Properties subject to registration under this chapter shall be maintained
in a secure manner so as not to be accessible to unauthorized persons,
vermin, rats and pests.
B.
"Secure manner" includes, but is not limited to, the closure and
locking of windows, doors (walk-through, sliding and garage), gates
and any other opening of such size that it may allow a child to access
the interior of the property and/or structure(s). In the case of broken
windows, securing means the reglazing or boarding of the window; provided,
however, that plywood or other similar type of wood covering may only
be used on the exterior of the property for a period of not more than
12 months from the date the property becomes vacant, unless otherwise
approved by the Code Official or the Borough.
C.
While the property is vacant, the property shall be posted with the
name and twenty-four-hour contact phone number of the owner and local
property management company. The posting shall be no less than five
inches by seven inches, be of a font and writing that is legible,
and contain, together with the name and a twenty-four-hour contact
number, the words "THIS PROPERTY MANAGED BY (name/company)" and "TO
REPORT PROBLEMS OR CONCERNS CALL (name and phone number)." 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 or structure facing the street to the front of the
property, or, if no such area exists, on an area of sufficient size
to support the posting in a location that is visible to the front
of the property, but not readily accessible to vandals. Exterior posting
must be constructed of and printed with weather-resistant materials.
In addition to the enforcement remedies established in this
chapter, the Borough's Code Official, or their designee, shall
have the authority to require the owner of any property affected by
this chapter to implement additional maintenance and/or security measures,
including, but not limited to, securing any and all door, window or
other openings, installing additional security lighting, increasing
on-site inspection frequency, employment of an on-site security guard,
or other measures as may be reasonably required to arrest the decline
of the property.
A.
If the Code Official has reason to believe that a property subject to the provisions of this article is posing a serious or imminent threat to the public health, safety and welfare, the Code Official may temporarily secure the property at the expense of the mortgagee and/or owner and may, independent of or in addition to § 240-10 of this chapter, institute, as soon as possible, such action before a Magisterial District Judge as may be necessary to address the conditions of the property.
B.
If the mortgagee, owner, trustee or legal entity does not reimburse
the Borough of Lewisburg for the cost of temporarily securing the
property, or of any abatement directed by the Code Official or Magisterial
District Judge, within 30 days of an invoice therefor being sent by
the Borough to such mortgagee, owner, trustee or legal entity, then
the Borough may file a municipal claim for such cost, together with
an administrative fee as determined by the Borough to recover related
administrative personnel services, thereby creating a lien on the
property.
Violations of this chapter shall be enforced by the Borough's
Code Official or their designee.
A.
The owner shall have the right to request a twelve-month waiver of
the registration fee from the CKCOG by submitting an application therefor
to the CKCOG within 15 calendar days after the date of the notice
to register or the annual billing statement. For such waiver, the
owner shall bear the burden of providing satisfactory objective proof
of "occupied" status as defined in this chapter by:
(1)
Demonstrating with satisfactory proof that he/she has submitted valid
architectural plans based upon the Borough's permits and planning
application procedures, and otherwise has shown good faith efforts
to efficiently rehabilitate, demolish, or otherwise substantially
repair or improve said vacant building; or
(2)
Demonstrating with satisfactory proof that he/she is actively marketing
the property for sale/lease by placing a "for sale" or a "for lease"
sign on the property with accurate contact information provided, and
has done at least one of the following:
B.
Within 30 days after the waiver application is received by the CKCOG,
the CKCOG Director shall grant or deny the waiver, in writing, and
send such written decision by mail to the owner.
A.
Any person, firm or corporation who shall violate any provision of
this chapter shall be guilty of a summary offense and, upon conviction
thereof in a summary proceeding before a Magisterial District Judge,
be sentenced to pay a fine of not less than $100 nor more than $1,000,
plus the costs of prosecution, and/or be imprisoned for a period not
to exceed 90 days. Each day that a violation continues after due notice
has been served in accordance with the terms and provisions hereof
shall constitute a separate offense. Penalties for violation of any
notice to cease violation or notice and order to correct shall begin
to accrue on the first day such notice is served and shall cease on
the day the violation is stopped or abated.
B.
Nothing hereinabove, including the imposition of the penalties, shall
preclude the Borough of Lewisburg from instituting appropriate action
to restrain, correct or abate a violation; to prevent illegal occupancy
of a building, structure or premises; or to stop an illegal act, conduct,
business or utilization of the building, structure or premises.
