[Ord. 2139, 7/13/2015]
It is the purpose and intent of the Borough 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.
[Ord. 2139, 7/13/2015]
The following words, terms and phrases, when used in this Part,
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, 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.
[Amended by Ord. No. 2190, 10/15/2019]
A property that is accessible through a compromised/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
To include, but not be limited to, the Borough's Zoning Code,
the Borough's Code of Ordinances, the Pennsylvania State Borough Code,
and any and all applicable statewide building codes.
BLIGHTED PROPERTY
A.Â
Properties that have broken or severely damaged windows, doors,
walls, or roofs which create hazardous conditions and encourage trespassing;
or
B.Â
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.Â
Properties cited for a public nuisance pursuant to the Borough
Code; or
D.Â
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 Borough and Zoning Codes.
DEFAULT
The mortgagor has not complied with the terms of the mortgage
on the property, or the promissory note, or other evidence of the
debt, referred to in the mortgage.
[Added by Ord. No. 2190, 10/15/2019]
Any law enforcement officer, building official, zoning inspector,
code enforcement officer, licensing and inspections department officer,
fire inspector or building inspector, or other person authorized by
the Borough to enforce the applicable code(s).
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 are not limited to: overgrown
and/or dead vegetation; past-due utility notices and/or disconnected
utilities; accumulation of trash, junk or debris; abandoned vehicles,
auto parts and/or materials; the absence of furnishings and/or personal
items consistent with habitation or occupancy; the presence of an
unsanitary, stagnant swimming pool; the accumulation of newspapers,
circulars, flyers and/or mail; statements by neighbors, passersby,
delivery agents or government agents; and/or the presence of boards
over doors, windows or other openings in violation of applicable code.
[Added by Ord. No. 2190, 10/15/2019]
The legal process by which a mortgagee, or other lienholder,
terminates or attempts to terminate a property owner's equitable right
of redemption to obtain legal and equitable title to the real property
pledged as security for a debt or the real property subject to the
lien. The legal process is not concluded until the property obtained
by the mortgagee, lienholder, or their designee, by certificate of
title, or any other means, is sold to a nonrelated bona fide purchaser
in an arm's-length transaction to satisfy the debt or lien.
[Added by Ord. No. 2190, 10/15/2019]
The creditor, including, but not limited to, trustees; mortgage
servicing companies; lenders in a mortgage agreement; any agent, servant,
or employee of the creditor; any successor in interest; or any assignee
of the creditor's rights, interests or obligations under the mortgage
agreement; or any other person or entity with the legal right to foreclose
on the real property, excluding governmental entities.
[Added by Ord. No. 2190, 10/15/2019]
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.
REAL PROPERTY
Any residential or commercial land and/or buildings, leasehold
improvements and anything affixed to the land, or portion thereof
identified by a property parcel identification number, located in
the Pottstown Borough limits.
[Added by Ord. No. 2190, 10/15/2019]
[Added by Ord.
No. 2190, 10/15/2019]
A.Â
Any real property located in the Borough, whether vacant or
occupied, that is encumbered by a mortgage in default, is subject
to an ongoing foreclosure action by the mortgagee or trustee, has
been the subject of a foreclosure action by a mortgagee or trustee
and a judgment has been entered, or has 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. The designation of a "default/foreclosure"
property as "registrable" shall remain in place until such time as
the property is sold to a nonrelated bona fide purchaser in an arm's-length
transaction or the foreclosure action has been dismissed and any default
on the mortgage has been cured; or
B.Â
Any property that is vacant for more than 30 days or any cancellation
of utility or service, whichever occurs first.
SEMIANNUAL REGISTRATION
Six months from the date of the first action that requires
registration, as determined by the Borough, or its designee, and every
subsequent six months. The date of the initial registration may be
different than the date of the first action that required registration.
[Added by Ord. No. 2190, 10/15/2019]
Any utility and/or service that is essential for a building
to be habitable and/or perform a service necessary to comply with
all Borough codes. This includes, but is not limited to, electrical,
gas, water, sewer, lawn maintenance, pool maintenance, and snow removal.
[Added by Ord. No. 2190, 10/15/2019]
Any building or structure that is not legally occupied.
[Ord. 2139, 7/13/2015]
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 Borough above and beyond any other
state, county or local provisions for same.
[Ord. 2139, 7/13/2015]
Pursuant to the provisions of § 1506 below, the Borough
or designee shall establish a registry cataloging each abandoned property
within the Borough, containing the information required by this Part.
[Ord. 2139, 7/13/2015; as amended by Ord. No. 2190, 10/15/2019]
1. Registration of real property shall be required under the following
circumstances:
A. Any mortgagee who holds a mortgage on real property located within
the Borough of Pottstown 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 Department of Licensing and Inspections, or its
designee, on form or website access 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. Any property located within the Borough of Pottstown vacant for more
than 30 days, either not encumbered by a mortgage or encumbered by
a mortgage that is not in default, shall be registered by the owner
on forms or website access provided by the Borough.
2. If the property is occupied but remains in default, it shall be inspected
by the mortgagee or his designee monthly until 1) the mortgagor or
other party remedies the default, or 2) it is found to be vacant or
shows evidence of 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.
3. Registration pursuant to this section shall contain the name of the
owner and, where applicable, the mortgagee and the server, the direct
mailing address of the owner and of the mortgagee and the server,
a direct contact and telephone number for both parties, 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.
4. A nonrefundable registration fee in the amount of $300 per property
shall accompany the registration form or website registration as follows:
A. Semiannually for properties that are in default or foreclosure.
B. Annually for properties that are vacant and not encumbered by a mortgage
and vacant properties encumbered by a mortgage that are not in foreclosure.
5. Each individual defaulted property on the registry that has been
registered for 12 months or more prior to the effective date shall
have 30 days to renew the registration and pay the $300 semiannual
registration fee. Properties registered less than 12 months prior
to the effective date shall renew the registration every six months
from the expiration of the original registration renewal date and
shall pay the $300 semiannual registration fee.
6. If the defaulted mortgage and/or servicing on a property is sold
or transferred or the property is sold, the new owner/mortgagee is
subject to all the terms of this chapter. Within 10 days of the transfer,
the new owner/mortgagee shall register the property or update the
existing registration. The previous owner/mortgagee(s) will not be
released from the responsibility of paying all previous unpaid fees,
fines, and penalties accrued during that owner/mortgagee's involvement
with the vacant or defaulted property.
7. If the owner sells the vacant property or the mortgagee sells or
transfers the defaulted property in a non-arm's-length transaction
to a related entity or person, the transferee is subject to all the
terms of this chapter. Within 10 days of the transfer, the transferee
shall register the property or update the existing registration. Any
and all previous unpaid fees, fines, and penalties, regardless of
who the owner/mortgagee was at the time registration was required,
including but not limited to unregistered periods during the vacancy
or foreclosure process, are the responsibility of the transferee and
are due and payable with the updated registration. The previous owner/mortgagee
will not be released from the responsibility of paying all previous
unpaid fees, fines, and penalties accrued during that mortgagee's
involvement with the vacant or defaulted property.
8. If the vacant or defaulted property is not registered, or the registration
fee is not paid within 30 days of when the registration or renewal
is required pursuant to this section, a late fee equivalent to 10%
of the semiannual registration fee shall be charged for every thirty-day
period, or portion thereof, the property is not registered and shall
be due and payable with the registration.
9. 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.
10. 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.
11. Properties subject to this section shall remain under the semiannual
registration requirement and the inspection, security and maintenance
standards of this section as long as they remain vacant or in default.
12. Any person or legal entity that has registered a property under this
section must report any change of information contained in the registration
within 10 days of the change.
13. 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 section is a violation of the
section and shall be subject to enforcement.
14. Pursuant to any administrative or judicial finding and determination
that any property is in violation of this Part, the Borough 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.
[Ord. 2139, 7/13/2015]
Any person (which shall include any individual, partnership,
association or corporation) convicted for violation of any provisions
or requirements of this Part shall be sentenced to a fine not to exceed
$1,000, plus costs.
[Ord. 2139, 7/13/2015]
Adherence to this Part does not relieve any person, legal entity
or agent from any other obligations set forth in any applicable code(s)
which may apply to the property. Upon sale or transfer of title to
the property, the owner shall be responsible for all violations of
the applicable code(s), and the owner shall be responsible for meeting
with the Borough's Licensing and Inspections Office within 45 days
for a final courtesy inspection report.
[Ord. 2139, 7/13/2015]
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 applicable code(s) or a court of competent jurisdiction.
[Ord. 2139, 7/13/2015]
Any 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 Part.
