[Ord. 2016-3, 10/3/2016]
It is the purpose and intent of the Borough of Forty Fort to
establish a process to address the deterioration and blight of Borough
neighborhoods caused by an increasing amount of vacant, abandoned,
foreclosed or distressed real property located within the Borough
and to identify, regulate, limit and reduce the number of abandoned
properties 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 or abandoned or foreclosed properties.
[Ord. 2016-3, 10/3/2016]
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:
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. Abandoned property shall also include any
and all real estate located in the Borough which remains uninhabited
for a consecutive period in excess of 90 days.
A property that is accessible through a compromised/breached
gate, fence, wall, door, etc., or a structure that is unsecured and/or
breached in such a way as to allow access to the interior by unauthorized
persons.
Includes but is not limited to, the Borough Code of the Commonwealth of Pennsylvania, the Forty Fort Code (including, but not limited to, the terms and provisions of this Chapter 11), the Zoning Ordinance of the Borough of Forty Fort, Pennsylvania Building and Fire Codes and any property maintenance or other like or similar code adopted by reference or incorporated as part of any Forty Fort Borough ordinance, and/or any solid waste, streets and sidewalks, or property rental ordinance, residential inspection and like or similar type ordinance(s) of Forty Fort Borough.
Any real property that has broken or severely damaged windows,
doors, walls, or roofs which create a hazardous condition and encourage
trespassing; or
Any real property whose maintenance is not in conformity with
the maintenance of other neighboring properties, causing a decrease
in value of the neighboring properties; or
Properties cited for a public nuisance pursuant to a Forty Fort
Borough ordinance; 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 applicable codes.
Any law enforcement officer, Building Code Official, Zoning
Officer or Inspector, Fire Inspector or Building Inspector, or other
person authorized by the Borough to perform inspections and/or to
enforce an/the applicable code(s).
Any person, legal entity or other party having an 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 real property
involved.
A local property manager, property maintenance company or
similar entity responsible for the maintenance of abandoned real property
or an accessible property/structure.
Any building or structure that is not legally occupied.
[Ord. 2016-3, 10/3/2016]
The sections of this Part of Chapter 11 shall be considered cumulative and not superseding or subject to any other law or provision for the same, but rather shall be an additional remedy available to the Borough above any other state, county or local provisions for the same.
[Ord. 2016-3, 10/3/2016]
The Borough of Forty Fort shall establish a registry cataloging each abandoned property within the Borough, containing the information required by this Part of Chapter 11.
[Ord. 2016-3, 10/3/2016]
1.
Any mortgagee who holds a mortgage on real property located within
the Borough of Forty Fort 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 Forty Fort 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.
2.
If the property is occupied but remains in default, it shall be inspected
by the mortgagee or the mortgagor's designee monthly until the mortgagor
or other party remedies the default or the property is found to be
vacant or shows evidence of vacancy, at which time it shall be deemed
to be 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
mortgagee and the server, the direct mailing address of the mortgagee
and the server, a direct contact name and telephone number for both
the mortgagee and server, a facsimile and e-mail address for both
the mortgagor and server, the parcel identifier number/property identification
number ("PIN") of the property, and the name and twenty-four-hour
contact telephone number of the property manager or property management
company responsible for the security and maintenance of the property.
4.
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.
5.
This section shall also apply to properties that have been the subject
of a foreclosure sale where the title was transferred to the mortgagee
or beneficiary involved in the foreclosure and any properties transferred
under a deed in lieu of foreclosure/sale.
6.
Properties subject to this section shall remain under an annual registration requirement and the inspection, security and maintenance standards of this Part of Chapter 11 as long as they remain vacant or in default.
7.
Any person or legal entity that has registered a property under this
section must report any change from the information contained in the
registration within 10 days of the change.
8.
Failure of the mortgagee and/or owner to properly register or to
modify the registration from time to time to reflect a change of circumstances
or contact information as required by this section is a violation
and shall be subject to enforcement.
[Ord. 2016-3, 10/3/2016]
1.
Properties subject to this Part 4 of Chapter 11 shall be kept free of weeds, overgrown brush, dead vegetation, trash, junk, debris, any accumulation of newspaper circulars, flyers, notices, except those required by federal, state or local law, and 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.
2.
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 of the structure.
3.
Front, side and rear yards, including landscaping, shall be maintained
in accordance with the applicable Borough codes at the time registration
was required.
4.
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.
5.
Maintenance shall include, but not be limited to, watering, irrigation,
cutting, and mowing of required ground cover or landscape and removal
of all trimmings.
6.
Pools and spas shall be maintained so that the water remains free
and clear of pollutants and debris and shall comply with the regulations
set forth in the applicable code(s).
7.
Failure of the mortgagee and/or owner(s) 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's Enforcement Officer, Magistrate/District Justice 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 violation or nuisance,
and charge the mortgage company or owner(s) all costs thereof, together
with a collection fee of 10% plus reasonable attorneys' fees, or by
instituting proceedings in a court of equity having jurisdiction to
abate the violation.
8.
In addition to the above, the property is required to be maintained
in accordance with the applicable code(s) of the Borough of Forty
Fort set forth in the Forty Fort Code and/or Borough ordinances enacted
subsequent to the most-recent cumulative updating of such Forty Fort
Code.
[Ord. 2016-3, 10/3/2016]
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, doors, gates and other openings of such size that
may allow a child access to the interior of the property or structure
shall be repaired. Broken windows shall be secured by reglazing of
the window.
3.
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 Part 4 of Chapter 11 and any other applicable laws and/or code(s).
[Ord. 2016-3, 10/3/2016]
All abandoned real property is hereby declared to be a public
nuisance, the abatement of which, pursuant to the police power of
the Borough, is hereby declared to be necessary for the preservation
and protection of the health, safety and welfare of the residents
of the Borough.
[Ord. 2016-3, 10/3/2016]
Adherence to the requirements of this Part 4 of Chapter 11 does not relieve any person, legal entity or agent of such person or legal entity from any other obligations set forth in any applicable Borough ordinance which may apply to the property. Upon offer for sale or transfer of title to the property, the owner conveying such title shall be responsible to notify the Borough's Code Enforcement Office, which shall be permitted to conduct a presale inspection.
[Ord. 2016-3, 10/3/2016]
1.
If a Borough enforcement officer has reason to believe that a property subject to the provisions of this Part 4 of Chapter 11 is posing a serious threat to the public health, safety or welfare, the enforcement officer may temporarily secure the property at the expense of the mortgagee and/or owner(s) and may bring the violation(s) before the Magistrate/District Justice as soon as possible to address the conditions of the property.
2.
The Borough enforcement officer shall have the authority to require the mortgagee and/or owner(s) of record of any property affected by this Part 4 of Chapter 11 to implement additional maintenance and/or security measures, including, but not limited to, securing any and all doors, windows, gates 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.
3.
If there is a finding that the condition of the property is posing
a serious threat to the public health, safety or welfare, then the
Borough enforcement officer may take the necessary steps to abate
the violation(s) and charge the mortgagee or owner(s) with the cost
of the abatement.
4.
If the mortgagee or owner(s) does not reimburse the Borough for the
costs of temporarily securing the property or any abatement directed
by the enforcement officer within 30 days of the Borough sending the
mortgagee or owner(s) an invoice for such costs, then the Borough
may lien the property for such costs and charge the mortgagee or owner(s)
with all costs thereof, together with a collection fee of 10% and
reasonable attorneys' fees. The Borough may also institute proceedings
in any court having equity jurisdiction to abate the violation(s).
[Ord. 2016-3, 10/3/2016]
Whoever opposes, obstructs or resists any enforcement officer or any person authorized by the Borough's enforcement offices in the discharge of duties provided in this Part 4 of Chapter 11 shall be punishable as provided in § 11-413 and/or as provided in any applicable code in a court of competent jurisdiction.
[Ord. 2016-3, 10/3/2016]
Any enforcement officer or any person authorized by the Borough to enforce the sections of this Part 4 of Chapter 11 shall be immune from prosecution and/or liability, civil or criminal, for reasonable, good-faith entry upon real property while in the discharge of duties imposed by this Part and chapter.
[Ord. 2016-3, 10/3/2016]
1.
An annual nonrefundable registration fee in the amount of $200 per
property shall accompany the registration form or, if made available
by the Borough, website registration.
2.
Any person or entity who or which shall violate the provisions of this Part 4 of Chapter 11 may be cited and fined.
A.
Failure to register abandoned real property shall be subject to a
fine in the amount of $500 plus costs of prosecution.
B.
Failure to register a vacant real property shall be subject to a
fine in the amount of $500 plus costs of prosecution.
D.
Should it be determined by a court that the penalty provisions listed
above may not be imposed or enforced by way of citation as a summary
offense, then such provisions shall be deemed to be subject to a civil
penalty in the same amount as set forth above and recoverable by the
Borough in an appropriate civil proceeding.
E.
In addition to (and not instead of or in lieu thereof) the taking
of the enforcement actions and imposition of the penalties set forth
above, the Borough may also impose and enforce such penalties as are
set forth in the applicable codes for any violations of such codes
in the manner and amounts set forth in such applicable codes.
[Ord. 2016-3, 10/3/2016]
Registration and penalty fees set forth in § 11-413 may be amended or modified, from time to time, by means of a resolution passed by the Forty Fort Borough Council.
[Ord. 2016-3, 10/3/2016]
If any section, subsection, clause, phrase or portion of this Part 4 of Chapter 11 is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, such section, subsection, clause, phrase or other portion shall be deemed and construed as separate, distinct and independent from all other sections, subsections, clauses, phrases or portions, and such holding of invalidity or unconstitutionality shall not affect the validity of the remaining sections, subsections, clauses, phrases or portions of such Part 4 of Chapter 11.
[Ord. 2016-3, 10/3/2016]
Any other ordinances or parts of ordinances or resolutions inconsistent
herewith are hereby repealed to the extent of such inconsistency.
[Ord. 2016-3, 10/3/2016]
[Ord. 2016-3, 10/3/2016]
This Part shall become effective immediately upon enactment
by the Forty Fort Borough Council.
