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.
(3) An annual fee due every 12 months from the month of initial registration
in the amounts as follows:
(a)
Second year following registration (months 13 through 24): $150.
(b)
Third year following registration (months 25 through 36): $200.
(c)
All subsequent years (months 37+): $250.
(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. Any noncompliance with this chapter, particularly §§
240-6 and
240-7 hereof, shall be promptly remedied by the owner.
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.