[HISTORY: Adopted by the City Council of the City of Harrisburg 7-7-2015 by Ord. No. 6-2015. Amendments noted where applicable.]
CROSS REFERENCES
Property Maintenance Code: see Ch. 8-107.
It is the purpose and intent of the City to establish a process
to address the deterioration and blight of City neighborhoods caused
by an increasing amount of properties subject to mortgage foreclosure
located within the City and to identify and regulate foreclosure properties
located within the City. It is the City'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 foreclosure properties.
The following words, terms and phrases, when used in this chapter,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
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.
Shall include:
Properties that have broken or severely damaged windows, doors,
walls, or roofs which create hazardous conditions and encourage trespassing;
Properties whose maintenance is not in conformance with the
maintenance of other neighboring properties causing a decrease in
value of the neighboring properties;
Properties cited for a public nuisance pursuant to the City
Code; or
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 City Code.
All applicable provisions of the Codified Ordinances of Harrisburg,
Pennsylvania, as amended from time to time ("City Code"), including
but not limited to the City's: Zoning Code (7-300), Standards
Adopted (8-100), Health and Sanitation Regulations (6-300), General
Offenses (3-330), and Fire Prevention Ordinances (3-900).
Any law enforcement officer, building official, zoning inspector,
code enforcement officer, fire inspector or building inspector, or
other person authorized by the City to enforce the City Code.
A legal action of mortgage foreclosure filed by a lender
in a court of competent jurisdiction.
Any real property located in the City, whether vacant or
occupied, that is subject to a mortgage foreclosure action filed by
a lender in a court of competent jurisdiction or where title to the
property has been transferred to a lender under a deed in lieu of
foreclosure or other such conveyance of title to a lender. The designation
as a "foreclosure property" shall remain in place until such time
as the property is sold or transferred to a new owner, other than
a lender, or when the foreclosure action has been withdrawn or concluded
in favor of the mortgagor as evidenced by court records.
Any person, bank, trust company, credit union, trust, or
any other legal entity or other party that holds a mortgage or security
interest against any real property located within the City.
A legal action of mortgage foreclosure filed by a lender
in a court of competent jurisdiction.
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.
A local property manager, property maintenance company or
similar entity responsible for the maintenance of a foreclosure property.
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 be an
additional remedy available to the City above and beyond any other
state, county or local provisions for same.
The City or designee shall establish a registry cataloging each
foreclosure property within the City, containing the information required
by this chapter.
A.Â
Any lender who holds a mortgage or other security interest on real
property located within the City shall perform an inspection of the
property to determine vacancy or occupancy, upon the filing of a mortgage
foreclosure action against the property. The lender shall, within
10 days of the inspection, register the property with the Office of
Codes Enforcement, or designee, on forms or website access provided
by the City, and indicate whether the property is vacant or occupied.
A separate registration is required for each foreclosure property,
whether it is found to be vacant or occupied.
B.Â
If the property is occupied, it shall be inspected monthly by the
lender or its designee to verify continued occupancy. If the property
becomes vacant or shows evidence of vacancy, the lender shall, within
10 days of that inspection, update the property registration to a
vacancy status on forms provided by the City.
C.Â
Registration pursuant to this section shall contain the name of the
lender and mortgage servicer, the direct mailing address of the lender
and the mortgage servicer, a direct contact name and telephone number
for both parties, a facsimile number and e-mail address for both parties,
the folio 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.Â
A nonrefundable registration fee in the amount of $200 per foreclosure property shall accompany the registration form or website registration, and said amount shall be paid by the lender every six months thereafter until such time as the property is no longer subject to registration as set forth in § 11-101.5G. The registration fees shall not be prorated.
[Amended 11-22-2016 by Ord. No.
20-2016]
E.Â
All registration fees must be paid directly from the lender or its
designated mortgage servicer. Third-party registration fees are not
allowed without the consent of the City and its authorized designee.
F.Â
This section shall also apply to properties where title to the property
has been transferred to a lender under a deed in lieu of foreclosure
or other such conveyance of title to a lender.
G.Â
Properties subject to this section shall remain under the registration
and fee requirement and the inspection, security and maintenance standards
of this chapter until such time as the property is sold or transferred
to a new owner, other than a lender, or when the foreclosure action
has been withdrawn or concluded in favor of the mortgagor as evidenced
by court records.
[Amended 11-22-2016 by Ord. No.
20-2016]
H.Â
Any lender that has registered a property under this section must
report any change of information contained in the registration within
10 days of the change.
I.Â
Failure of the lender to properly register or to update the registration
form from time to time to reflect a change of circumstances as required
by this section is a violation of this section and shall be subject
to enforcement.
J.Â
Pursuant to any administrative or judicial finding and determination
that any property is in violation of this section, the City may take
the necessary action to ensure compliance with and place a lien on
the property for the cost of the work performed to benefit the property
and bring it into compliance.
A.Â
Properties subject to this chapter shall be kept free of weeds, overgrown
brush, dead vegetation, trash, junk, debris, building materials, any
accumulation of newspapers, 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.Â
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.Â
Front, side, and rear yards, including landscaping, shall be maintained
in accordance with the City Code.
D.Â
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.Â
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.Â
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 City Code.
G.Â
Failure of the lender to properly maintain the property may result
in a violation of the City Code and issuance of a citation or notice
of violation. Pursuant to a finding and determination by the enforcement
officer or a court of competent jurisdiction, the City may take the
necessary action to ensure compliance with this chapter.
H.Â
In addition to the above, the property is required to be maintained
in accordance with the City Code.
A.Â
Properties subject to this chapter shall be maintained in a secure
manner so as not to be accessible to unauthorized persons.
B.Â
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 to access the interior of the property or structure
must be repaired. Broken windows shall be secured by reglazing of
the window.
C.Â
If a foreclosure property has become vacant, a property manager shall
be designated by the lender to perform the work necessary to bring
the property into compliance with the City Code, and the property
manager must perform regular inspections to verify compliance with
the requirements of this chapter and any other applicable laws.
All blighted 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 City. Nothing herein shall be deemed to alter or
otherwise supersede the terms "public nuisance" or "nuisance" as used
elsewhere in this Code.
Adherence to this chapter does not relieve any person, legal
entity or agent from any other obligations set forth in the City Code
which may apply to the property. Upon transfer of title of a foreclosure
property to a new owner, other than a lender, the owner shall be responsible
for all violations of the City Code, and the owner shall be responsible
for meeting with the City's Code Enforcement Office within 20
days of the date of transfer for a final inspection report, and the
owner shall abate all violations cited in the inspection report within
45 days of the date of the report.
A.Â
If the enforcement officer has reason to believe that a property
subject to the provisions of this chapter is posing a serious threat
to the public health, safety and welfare, the enforcement officer
may temporarily secure the property at the expense of the lender or
new owner.
B.Â
The enforcement officer shall have the authority to require the lender
or new owner of record of any property affected by this chapter 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.Â
If the enforcement officer has reason to believe that a property
subject to the provisions of this chapter is posing a serious threat
to the public health, safety and welfare, then the enforcement officer
may recommend that the City abate the violations, and the City may
abate the violations and charge the lender or new owner with the cost
of the abatement.
D.Â
If the lender or new owner does not reimburse the City for the cost
of temporarily securing the property or of any abatement thereof within
30 days of the City sending an invoice, then the City may lien the
property with such cost, along with an administrative fee of $500
to recover the administrative personnel services.
Whoever opposes, obstructs or resists any enforcement officer
or any person authorized by the enforcement officer in the discharge
of duties as provided in this chapter shall be punishable as provided
in the City Code or by a court of competent jurisdiction.
Any enforcement officer or any person authorized by the City
to enforce the provisions of this chapter 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 chapter.
[Amended 11-22-2016 by Ord. No.
20-2016]
Any person who shall violate the provisions of this chapter
may be cited and fined pursuant to the City Code and Pennsylvania
Statutes. The following table shows violations of this chapter, as
may be amended from time to time, which may be enforced pursuant to
the provisions of this chapter, and the dollar amount of civil penalty
for the violation of these sections, as it may be amended. The descriptions
of "violations" below are for informational purposes only and are
not meant to limit or define the nature of the violations or the subject
matter of the City Code, except to the extent that different types
of violations of the City Code may carry different civil penalties.
For each section of this chapter listed in the schedule of civil penalties,
the entirety of the section may be enforced by the mechanism provided
in this section, regardless of whether all activities prescribed or
required are described in the "Description of Violation" column. To
determine whether a particular activity is prescribed or required
by this chapter, the relevant chapter section(s) shall be examined.
|
Description of Violation
|
Civil Penalty
|
|---|---|
|
Failure to register abandoned real property and/or any violation
of the sections stated within
|
$500
|
