[Adopted 10-9-2014 by Ord. No. 2014-04]
It is the purpose and intent of the Borough of Walnutport to establish a process to address the deterioration and blight of Borough neighborhoods caused by an increasing amount of abandoned, foreclosed or distressed real property located within the Borough, and to identify, regulate, limit and reduce the number of abandoned properties located within the Borough. It is the Borough'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 meanings ascribed to them in this section, except where the context clearly indicates a different meaning.
ABANDONED REAL PROPERTY
Any real property located in the Borough, whether vacant or occupied, that is in default on a mortgage, has had a lis pendens 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.
ACCESSIBLE PROPERTY/STRUCTURE
A property that is accessible through a comprised/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.
APPLICABLE CODES
Includes, but not limited to, the Code of the Borough of Walnutport, including but not limited to the Borough's Dangerous Buildings Code, Construction Code, grass, weeds and other vegetation nuisances, Property Maintenance, Rental Property, Solid Waste, Streets and Sidewalks and Borough Zoning Code, Maintenance Code, Solid Waste Code, Residential Inspection Ordinance and the Pennsylvania Building Fire Codes.
BLIGHTED PROPERTY
A. 
Properties that have broken or severely damaged windows, doors, walls, or roofs which create hazardous conditions and encourage trespassing; or
B. 
Properties whose maintenance is not in conformance with the maintenance of other neighboring properties causing a decrease in value of the neighboring properties; or
C. 
Properties cited for a public nuisance pursuant to the Borough Codes; or
D. 
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.
ENFORCEMENT OFFICER
Any Law Enforcement Officer, Building Official, Zoning Inspector, Code Enforcement Officer, Fire Inspector or Building Inspector, or other person authorized by the Borough to enforce the applicable code(s).
OWNER
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.
PROPERTY MANAGEMENT COMPANY
A local property manager, property maintenance company or similar entity responsible for the maintenance of abandoned real property.
VACANT
Any building or structure that is not legally occupied.
These sections shall be considered cumulative and not superseding or subject to any other law or provision for same, but rather to be an additional remedy available to the Borough above and beyond any other state, county or local provisions for same.
Pursuant to the provisions of § 318-10, the Borough or designee shall establish a registry cataloging each abandoned property within the Borough, containing the information required by this article.
A. 
Any mortgagee who holds a mortgage on real property located within the Borough of Walnutport 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 Borough of Walnutport on forms provided by the Borough, 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 the mortgagor or other party remedies the default, or it is found to be vacant or shows evidence or 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 Borough.
C. 
Registration pursuant to this section shall contain the name of the mortgagee and the server, the direct mailing address of the mortgagee and the server, a direct contact name and telephone number for both parties, facsimile number and e-mail 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 Borough and/or its authorized designee.
E. 
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 a deed in lieu of foreclosure/sale.
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 or 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 this section and shall be subject to enforcement.
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 structure.
C. 
Front, side, and rear yards, including landscaping, shall be maintained in accordance with the applicable Borough 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 regulations set forth in the applicable code(s).
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 Borough. Pursuant to a finding and determination by the Borough Code Enforcement Officer, Magistrate or a court of competent jurisdiction, the Borough may take the necessary action to ensure compliance with this section, including but not limited to taking such steps as are necessary to abate the nuisance, and charge the mortgage company all cost, thereof, together with a collection fee of 10%, including reasonable attorney's fees, or file a municipal lien against the property, together with a collection fee of 10% including reasonable attorney's fees or by instituting proceedings under any court of equity having jurisdiction to abate the property violation.
H. 
In addition to the above, the property is required to be maintained in accordance with the applicable code(s) of the Borough of Walnutport set forth in the Code of the Borough of Walnutport and as amended.
A. 
Properties subject to these subsections 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 access to 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.
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 Borough.
Adherence to this article does not relieve any person, legal entity or agent from any other obligations set forth in any applicable Borough Code, which may apply to the property. Upon offer for sale or transfer of title to the property, the owner shall be responsible to notify the Borough Code Enforcement Officer who shall be permitted to conduct a presales inspection.
A. 
If the Borough Code 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 Code 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 Code Enforcement Officer 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 Borough Code Enforcement Officer may take the necessary steps to abate the violations and charge the mortgagee with the cost of the abatement.
D. 
If the mortgagee does not reimburse the Borough for the cost of temporarily securing the property, or of any abatement directed by the Borough Code Enforcement Officer within 30 days of the Borough sending the mortgagee the invoice then the Borough may lien the property with such cost and charge the mortgagee with all costs thereof, together with a collection fee of 10% and reasonable attorney fees. The Borough may also institute proceedings many court of equity have jurisdiction to abate the violation.
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 § 318-18 and/or or a court of competent jurisdiction.
Any Borough Enforcement Officer or any person authorized by the Borough 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. 
An annual nonrefundable registration fee in the amount of $200 per property shall accompany the registration form or website registration.
B. 
Any person who shall violate the provisions of this article may be cited and fined. A failure to register an abandoned real property on an annual basis and/or any violation stated herein shall receive a fine of $500. Enforcement for any violation of this article shall be by action brought before the Magistrate in the same manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure. The fine imposed shall not exceed $1,000 per violation. In addition to or in lieu of enforcement of the article through as a summary offense the Borough may enforce the article through an equity action in the Northampton County Court of Common Pleas.
Registration and penalty fees outlined in this article may be modified by a resolution, passed and adapted by the Borough of Walnutport.