It is the purpose and intent of the Borough of Verona to establish
a process to address the amount of abandoned personal and real property
located within the Borough. It is the Borough's further intent
to specifically establish an abandoned residential property program
as a mechanism to protect residential neighborhoods from becoming
blighted through the lack of adequate maintenance and security of
abandoned properties.
The following words, terms and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
ABANDONED PERSONAL PROPERTY
Wrecked or derelict property which has been left abandoned
and unprotected from the elements and shall include wrecked, inoperative
or partially dismantled motor vehicles, trailers, boats, machinery,
refrigerators, washing machines, plumbing fixtures, furniture and
any other similar article which has been left abandoned and unprotected
from the elements.
ABANDONED REAL PROPERTY
Any property that is vacant and is under a current notice
of default and/or notice of mortgagee's sale by the lender or
appending tax assessor's lien sale and/or properties that have been
the subject of a foreclosure sale where the title was retained by
the beneficiary of a mortgage involved in the foreclosure and any
properties transferred under a deed in lieu of foreclosure or sale.
ACCESSIBLE PROPERTY
A property that is accessible through a comprised/breached
gate, fence, wall, etc.
ACCESSIBLE STRUCTURE
A structure/building that is unsecured and/or breached in
such a way as to allow access to the interior space by unauthorized
persons.
ENFORCEMENT OFFICER
Any full-time law enforcement officer, building official,
zoning inspector, code enforcement officer, fire inspector or building
inspector employed within the Borough.
EVIDENCE OF VACANCY
Any condition that on its own, or combined with other conditions
present, would lead a reasonable person to believe that the property
is vacant. Such conditions may include, but not be limited to, overgrown
and/or dead vegetation, accumulation of abandoned real property, as
defined herein, statements by neighbors, passersby, delivery agents
or government agents, among other evidence that the property is vacant.
FORECLOSURE
The process by which a property, placed as security for a
real estate loan, is sold at public sale to satisfy the debt if the
borrower defaults.
INOPERATIVE VEHICLE
Any wrecked or partially dismantled vehicle that is parked
or stored without having all the wheels mounted, or is in a condition
of substantial disrepair, or which is parked or stored without having
tires inflated, or other similar condition.
NOMINAL SALVAGE VALUE
The value of an article of abandoned derelict property which
a reasonably prudent person would believe is the fair market value
of the property, taking into consideration its useful life, earning
capacity or replacement cost, less depreciation and items of general
or special depreciation, would be nominally greater than the costs
of salvage, including the removal, transportation, storage and sale
of same.
PRIVATE PROPERTY
All lands and improvements other than public lands and improvements.
PROPERTY MANAGEMENT COMPANY
A local property manager, property maintenance company or
similar entity responsible for the maintenance of abandoned real property.
PUBLIC PROPERTY
Canals, all waterways, lands and improvements owned by a
governmental body or any governmental agency, including but not limited
to easements and rights-of-way, but excluding the campus of any institution
of the state university system.
RESIDENTIAL BUILDING
Any improved real property, or portion thereof, situated
in the Borough, designed or permitted to be used for dwelling purposes,
and shall include the buildings and structures located on such improved
real property.
VACANT
Any building/structure that is not legally occupied.
This article shall be considered cumulative and not superseding
or subject to any other law or provision for same, but shall rather
be an additional remedy available to the Borough above and beyond
any other state, county and/or local provisions for same.
All abandoned personal property and 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 Borough.
When an enforcement officer ascertains that an article of personal
property having nominal salvage value lies abandoned or derelict upon
private property, that officer shall:
A. Cause a notice to be placed upon such abandoned property in substantially
the following form:
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NOTICE TO THE OWNER AND ALL PERSONS INTERESTED IN THE ATTACHED
PROPERTY:
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THIS PROPERTY, TO WIT: ________________
(setting forth brief description)
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LOCATED AT __________________________
(setting forth brief description of location) is:
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IMPROPERLY STORED AND IS IN VIOLATION OF ___________________________
(setting forth ordinance or violation violated)
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AND MUST BE REMOVED WITHIN FIVE DAYS FROM THE DATE OF THIS NOTICE;
OTHERWISE IT SHALL BE PRESUMED TO BE ABANDONED PROPERTY AND WILL BE
REMOVED AND SOLD OR DESTROYED BY ORDER OF THE BOROUGH OF VERONA, PA.
DATED THIS: ______________________________
(setting forth the date of posting of notice)
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SIGNED _________________________________________
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(setting forth name, title, address and telephone number of
enforcement officer)
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Such notice shall be not less than eight inches by 10 inches
and shall be sufficiently weatherproof to withstand normal exposure
to the elements.
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B. The enforcement officer shall also make reasonable effort to ascertain
the name and address of the owner of the abandoned property and, if
such address is reasonably available, the officer shall mail, by certified
mail, a copy of the notice to the owner on or before the date of posting
the above-described notice on the abandoned personal property.
C. The enforcement officer shall mail by certified mail a copy of the
above-described notice to the owner of the real property upon which
the abandoned personal property is located, as shown by the real estate
tax records used by the county or any other address provided to the
local government by such owner, on or before the date of posting such
notice.
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, upon conviction, shall in addition
to any other charges be deemed in violation of the terms of this article
and subject to the penalties set forth herein.
Any enforcement officer or any person authorized by the enforcement
officer shall be immune from prosecution, civil or criminal, for reasonable
good faith trespass upon real property while in the discharge of duties
imposed by this article.
The Borough of Verona, or its designee, shall have authority
to require the mortgagee and/or owner of record of any property affected
by this article to implement additional maintenance and/or security
measures, including, but not limited to, securing any and all door,
window or other openings, employment of on-site security guard, or
other measures as may be reasonably required to help prevent further
decline of the property.
Any person violating this article shall be subject to a fine
of not less that $100 nor more than $1,000 plus actual costs of enforcement
incurred, including attorneys' fees. Each day a violation occurs
shall constitute a separate offense, regardless of whether a separate
citation is issued, which could lead to an additional fine for each
day the violation is permitted to exist.