Borough of Moosic, PA Chapter 233 Property, Vacant and Abandoned

[HISTORY: Adopted by the Borough Council of the Borough of Moosic 11-9-2016 by Ord. No. 9-2016. Amendments noted where applicable.]

§ 233-1 Title.

The official title of this chapter shall be the "Borough of Moosic Vacant Abandoned Property Registration Ordinance."

§ 233-2 Definitions.

As used in this chapter, the following words and phrases shall have the meanings indicated, unless the context clearly indicates a different meaning.

ABANDONED

A property or structure that is vacant for more than 30 days and is, or has been, the subject of:

A. A mortgage foreclosure action or notice;

B. Bankruptcy sale or notice;

C. A delinquent tax sale or notice; or

D. A mortgage foreclosure action where the title to property has been retained by the beneficiary of a deed of trust involved in the foreclosure or transferred under a deed in lieu of foreclosure/sale.

ASSESSED VALUE

The amount posted or listed on the public records as assessed value for a property either recorded or published by Lackawanna County, Pennsylvania.

BOROUGH

Borough of Moosic, Lackawanna County, Pennsylvania.

§ 233-3 Evidence of vacancy.

Evidence of vacancy includes 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 include, but are not limited to, overgrown and/or dead vegetation, accumulation of newspapers, circulars, flyers and/or mail, past-due utility notices and/or disconnected utilities, accumulation of trash, junk and/or debris, the absence of window coverings such as curtains, blinds and/or shutters, the absence of furnishings and/or personal items consistent with residential habitation, or statements by neighbors, passersby, delivery agents, or government employees that the property is vacant.

§ 233-4 Inspection required.

Any person who owns property located within the Borough that shall be vacant shall perform, or contract to have performed, an inspection of the property monthly until the property becomes legally occupied or the property is legally sold to another person.

§ 233-5 Registration required.

A. If any property is found to be vacant or abandoned, or shows evidence of vacancy, then the owner shall register the property with the Borough of Moosic Code Enforcement Office on a form or forms provided by the Borough and pay an appropriate registration fee established in accordance with separate resolution adopted by the Borough.

B. Registration shall contain:

(1) The name of the owner(s) of the property;

(2) The direct street/office mailing address of the owner(s) (No post office box addresses are allowed.);

(3) A direct contact name and phone number for the owner(s);

(4) The local property management company responsible for the security, maintenance and marketing of the property; and

(5) Any other information deemed necessary by the Borough of Moosic Code Enforcement Officer.

C. Registration fees shall not be prorated.

D. The annual registration fee shall accompany the registration form.

E. The fee and registration shall be valid for the calendar year, or remaining portion of the calendar year, in which the registration was initially required.

F. Subsequent registrations and fees are due January 1 of each year and must be received no later than January 31 of the year due.

G. Properties subject to registration under this chapter shall remain under the annual registration requirement, security and maintenance standards of this chapter for so long as they remain vacant.

H. Any owner or his designee that has registered a property under this chapter must report any change of information contained in the registration within 10 days of the change.

§ 233-6 Additional maintenance and security measures.

In addition to the enforcement remedies established in this chapter, the Borough of Moosic Code Enforcement Officer, or his designee, shall have the authority to require the owner of any property affected by this chapter to implement additional maintenance and/or security measures, including, but not limited to, securing any and all door, window or other openings, installing additional security lighting, increasing on-site inspection frequency, employment of an on-site security guard, or other measures as may be reasonably required to arrest the decline of the property.

§ 233-7 Security deposit.

The registration fee required under this chapter shall be established by resolution of the Council of the Borough of Moosic. In addition to a yearly fee required by this chapter, any person who is found to be in violation of this chapter shall, upon conviction in any summary proceeding, post a one-time nonrefundable security deposit for each and every property owned and required to be registered by this chapter in an amount equal to 1/2 the assessed value of registered property.

§ 233-8 Enforcement.

Violations of this chapter shall be enforced by the Borough of Moosic Code Enforcement Officer or his designee.

§ 233-9 Violations and penalties.

Any person who violates or permits the violation of any provision of this chapter shall, upon conviction in a summary proceeding, be subject to a fine of $500, and costs of the prosecution, for each offense.