Borough of Mechanicsburg, PA Part 5 ABANDONED PROPERTY MAINTENANCE AND REGISTRATION

§ 5-501 Purpose and Intent.

[Ord. 1153, 11/17/2015]

1. It is the purpose and intent of the Borough to establish a process to address the amount of deteriorating real property located within the Borough, which includes property, whether vacant or occupied, about which a public notice of default has been filed, is in foreclosure, or where ownership has been transferred to lender or mortgagee by any legal method. It is the Borough's further intent to specifically establish an abandoned property program as a mechanism to protect neighborhoods from becoming blighted through the lack of adequate maintenance and security of abandoned properties.

2. For the protection and promotion of the public health, safety and welfare of the citizens of the Borough, the Borough Council hereby establishes the rights and obligations of owners, mortgagees and property management companies of abandoned properties within the Borough and encourages owners, mortgagees and property management companies to maintain and secure such property through registration and compliance with this Part.

§ 5-502 Definitions.

[Ord. 1153, 11/17/2015]

The following words, terms and phrases, when used in these sections of this Part, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

ABANDONED REAL PROPERTY

Real property that meets any of the following criteria:

A. Any property that is vacated or occupied and is subject to a mortgage under a notice of default or notice of mortgagee's sale or a pending tax claim sale, or vacated 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.

B. Any property (excluding government-owned buildings) which is:

(1) Unoccupied and unsecured;

(2) Unoccupied and secured by other than normal means;

(3) Unoccupied and an unsafe building as determined by the enforcement officer;

(4) Unoccupied and having utilities disconnected;

(5) Unoccupied and has Property Maintenance or Building Code violations;

(6) Illegally occupied, which shall include loitering and vagrancy;

(7) Unoccupied for a period of time over 60 days and having an existing code violation issued by the Building Department;

(8) Unoccupied with a mortgage status of abandonment (i.e., deceased or foreclosed);

(9) Unoccupied and abandoned by the property owner;

(10) Unoccupied and advertised for sale by owner for a period exceeding 120 calendar days; or

(11) Unoccupied and listed for sale by a Pennsylvania licensed realtor for a period exceeding 12 months.

BOROUGH

The Borough of Mechanicsburg, Cumberland County, Pennsylvania.

ENFORCEMENT OFFICER

Any building official, zoning inspector, code enforcement officer, health officer, fire inspector or building inspector employed by the Borough.

EVIDENCE OF ABANDONMENT

Any condition that on its own, or combined with other conditions present, would lead a reasonable person to believe that the property is abandoned. Such conditions may include, but not be limited to, overgrown or dead vegetation, accumulation of abandoned personal property, as defined herein, statements by neighbors, passersby, delivery agents or government agents, among other evidence that the property is vacated.

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.

MORTGAGE

A conveyance of title to property that is given as security for the payment of debt or the performance of a duty and that will become void upon payment or performance according to the stipulated terms.

MORTGAGEE

One to who property is mortgaged or the mortgage creditor or lender.

MORTGAGEE IN POSSESSION

A mortgagee who takes control of mortgaged land by agreement with the mortgagor, usually upon default of the loan secured by the mortgage.

OWNER

Any person, agent, operator, firm, partnership, legal entity, or corporation having a legal or equitable interest in real property; or recorded in the official records of the commonwealth, county or Borough as holding title to the property; or otherwise having control of the property, including the guardian of the estate of any such person, and the trustee, executor or administrator of the estate of such person if authorized by law to take possession of real property, or if ordered or authorized to take possession of real property by a court.

PERSON

An individual, corporation, partnership or any other group acting as a unit.

PROPERTY MANAGEMENT COMPANY

A property manager, property maintenance company or similar entity or individual responsible for the maintenance of abandoned real property.

PUBLIC NUISANCE

Abandoned property in the Borough of Mechanicsburg as further defined in this chapter herein shall constitute a public nuisance.

UNOCCUPIED

Without inhabitants; deserted.

§ 5-503 Applicability.

[Ord. 1153, 11/17/2015]

1. Immediately after the effective date of this Part, and continuing thereafter, the enforcement officer shall evaluate all buildings in the Borough believed to be unoccupied on the effective date of this Part and shall make a determination for each as to whether the building is abandoned, a public nuisance and potentially a public safety hazard as defined by § 5-502 of the Mechanicsburg Borough Codified Ordinances. The determination shall be in writing and shall state the factual basis for the determination. The enforcement officer shall, within 10 days of determining that a building is a abandoned, send written notice to the last owner of record on the most recent Cumberland County tax roll. The notice will include the factual findings supporting the determination that the property is abandoned. Said notice of determination shall be sent to the owner or designated agent by certified mail, return receipt requested. However, if the address of the owner or designated agent is unknown and cannot be ascertained by the enforcement officer in the exercise of reasonable diligence, copies of the notice shall be posted in a conspicuous place on the property affected. Any appeals from the determination of the Codes Department shall be made within 10 days before the Property Maintenance Code Appeals Board as set forth in § 111.1 of § 5-303, Subsection 2, of the Borough's Codified Ordinances, upon the deposit of an appropriate fee. In the absence of such an appeal, the determination of the Codes Department shall be final.

2. The written notice sent to the owner or the owner's agent shall describe the conditions that render the property abandoned, and shall require the owner's registration within 20 days of the receipt of such notice. The Borough may also post notices on the Borough's website to provide additional notice to the public.

§ 5-504 Registration of Abandoned Real Property.

[Ord. 1153, 11/17/2015]

1. If the property is found to be abandoned or shows evidence of abandonment, it shall be deemed abandoned real property and the mortgagee shall, within 10 of days of the inspection, register the property with the Borough, or its designee, on forms provided by the Borough or through a website designated by the Borough.

2. Registration pursuant to this section shall contain the name of the mortgagee and the servicer, the direct mailing address of both parties, 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.

3. 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.

4. A registration fee per property shall accompany the registration form(s).

5. Properties subject to this section shall remain under the registration requirement and security and maintenance standards of this section as long as they remain abandoned as defined herein.

6. Any person, legal entity, or corporation that has registered a property under this section must report any change of information contained in the registration in writing within 10 days of the change to the enforcement officer or his designee.

§ 5-505 Exception From Registration Requirement.

[Ord. 1153, 11/17/2015]

1. A building under active construction/renovation and having a valid building permit(s) at the time of initial inspection shall be exempt from registration until the expiration of the longest-running, currently active building permit.

2. A building which has suffered fire damage or damage caused by extreme weather conditions shall be exempt from the registration requirement for a period of 60 days after the date of the fire or extreme weather event if the property owner submits a request for exemption in writing to the Codes and Zoning Department. This request shall include the names and addresses of the owner or owners, and a statement of intent to repair and reoccupy the building in an expedient manner, or the intent to demolish the building.

3. A building that has been granted an exemption pursuant hereto, whereby an owner of an abandoned building files a written application with the Codes and Zoning Officer who shall timely consider same. In determining whether a request for exemption should be granted, the Codes and Zoning Officer shall consider the following: the applicant's prior record as it pertains to the Borough's Building Code, or Property Maintenance Code, violations; the number of other vacant properties the applicant currently has within the Borough; and the length of time that the abandoned building for which the exception is sought has been vacated or abandoned.

§ 5-506 Registration Fees.

[Ord. 1153, 11/17/2015; as amended by Ord. 1170, 3/16/2021]

Registration fees required for this Part 5 for the initial 12 months of abandonment and for the second year, third year and any subsequent year will be as set from time to time by resolution of the Borough Council.

§ 5-507 Maintenance Requirements.

[Ord. 1153, 11/17/2015]

1. All exterior property shall be maintained in compliance to Chapter 5, Part 3, Property Maintenance. of Mechanicsburg Borough's Codified Ordinances.

§ 5-508 Security Requirements.

[Ord. 1153, 11/17/2015]

1. Properties subject to this Part shall be maintained in a secure manner so as not to be accessible to unauthorized persons or to rodents or pests.

2. 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 shall be secured by reglazing of the window.

3. If the mortgagee or property owner of record is unable or unwilling to perform maintenance and inspections itself, the owner of the property shall contract with a property management company who shall perform biweekly inspections to verify compliance with the requirements of this section, and any other applicable laws.

4. Failure of the mortgagee or property owner of record to properly maintain the property will result in a violation of the Borough ordinances and will result in the issuance of a citation. Pursuant to a finding and determination by the Borough's Code Enforcement Office, the Borough may take the necessary action to ensure compliance with this Part.

§ 5-509 Immunity of Enforcement Officer.

[Ord. 1153, 11/17/2015]

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 Part.

§ 5-510 Penalties and Remedies.

[Ord. 1153, 11/17/2015]

1. It shall be a violation of this Part to commit or permit any other person to commit any of the following acts:

A. To fail to register any property as required by § 5-504 of this Part.

B. To fail to pay a registration fee in the amount pursuant to § 5-506 of this Part.

C. To fail to maintain and secure properties pursuant to the provisions of Chapter 5 of the Mechanicsburg Borough Codified Ordinances.

D. To place any false information on or to omit relevant information from an application for registration provided pursuant to this Part.

E. To fail or refuse to comply with any other provision of this Part.

2. Penalties and Remedies.

A. Any person who shall violate a provision of this Part shall, upon conviction thereof, be subject to a fine of not less than $500 nor more than $2,000 or imprisonment for a term not exceeding 30 days, or both, at the discretion of the court. Each day that a violation continues after due notice has been served shall be deemed a separate offense.

[Amended by Ord. 1170, 3/16/2021]

B. In addition to prosecution of the persons or legal entities violating this Part, a Borough enforcement officer, Borough Solicitor, or any other duly authorized agent of the Borough may bring such civil or equitable actions, seeking civil or equitable remedies, in any appropriate court of record of the Commonwealth of Pennsylvania, against any persons and/or property, real or personal, to effect the provisions of this Part. The remedies and procedures of this Part are not intended to supplant or replace, to any degree, the remedies provided to the Borough in the Borough's International Property Maintenance Code, Uniform Construction Code, Zoning Ordinance, or any other Borough code, ordinance or resolution.

C. These sections 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 or local provisions for same.

§ 5-511 Appeals.

[Ord. 1153, 11/17/2015]

1. Any person aggrieved by the action of the Borough or its designee relevant to the provisions of this Part may appeal to the Borough's Property Maintenance Board of Appeals within 30 days of that action.

2. Any person aggrieved by any decision of the Borough or the Borough's Property Maintenance Board of Appeals relevant to the provisions of this Part may appeal to the Cumberland County Court of Common Pleas within 30 days of the decision.