[Ord. 2013-13, 10/7/2013, § I]
It is the purpose and intent of the Township to establish a
process to address the deterioration and blight of Township neighborhoods
caused by an increasing amount of abandoned, blighted, foreclosed
or distressed real property located within the Township, and to identify,
regulate, limit and reduce the number of abandoned or blighted properties
located within the Township. It is the Township's intent to establish
a registration and inspection 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. 2013-13, 10/7/2013, § II]
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 Township, whether vacant
or occupied, for which the owner is in default on a mortgage encumbering
the property, 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 Assessors lien sale, and/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:
A property or structure 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.
A property that has broken or severely damaged windows, doors,
walls, or roofs which create hazardous conditions and encourage trespassing,
including accessible properties/structures.
Properties whose maintenance is not in conformance with the
maintenance of other neighboring properties causing a decrease in
value of the neighboring properties.
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 lacks
maintenance as required by the applicable codes.
Any law enforcement official, Zoning Officer, Code Enforcement
Officer, Fire Inspector or Building Inspector, or other person authorized
by the Township or applicable law to enforce the applicable codes.
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, local property maintenance company
or similar local entity responsible for the maintenance of abandoned
real property, including, but not limited to, an adult individual
designated by the owner of a regulated rental unit under this Part.
Any building or structure that is not legally occupied.
[Ord. 2013-13, 10/7/2013, § III]
The provision of this Part shall be considered cumulative and
shall not supersede or be limited by any other law or provision for
same, but rather be an additional remedy available to the Township
above and beyond any other state, county or local provisions for same.
[Ord. 2013-13, 10/7/2013, § IV]
The Township or its designee shall establish a registry cataloging
each abandoned real property and blighted property within the Township,
containing the information required by this Part.
[Ord. 2013-13, 10/7/2013, § V]
1.
Upon default by the mortgagor of any mortgage encumbering real property
located within the Township, the mortgagee who holds a mortgage on
the real property shall perform an inspection of the property to determine
vacancy or occupancy. The mortgagee shall, within 10 days of the inspection,
register the property with the Township, or its designee, on forms
provided by the Township, 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 the owner remains in default of the
mortgage, the property shall be inspected by the mortgagee or its
designee on a monthly basis until the earlier of (A) the mortgagor
or other party remedies the default, or (B) the property is found
to be vacant or shows evidence of vacancy at which time the property
shall be deemed to be abandoned, and the mortgagee shall, within 10
days of the inspection revealing the property to be vacant, update
the property registration provided to the Township to note a vacant
status of the property. Such update shall be on forms provided by
the Township.
3.
Real property that was vacated prior to the enactment of this Part
shall be registered with the Township as a vacant property and be
subject to the provisions of this Part.
4.
Registration pursuant to this section shall contain the name of the
owner and mortgagee, the direct mailing address (post office boxes
are not permitted) of the owner (if known) and mortgagee, a direct
contact name and telephone number for both parties, facsimile number
and e-mail address for both parties, the Northampton County tax identification
number of the property, and the name and twenty-four-hour contact
phone number of the property management company responsible for the
security and maintenance of the property.
5.
If the owner or mortgagee is not a full-time resident of the Township
or does not live or maintain an office within a thirty-mile radius
of the Township, then the owner or mortgagee shall designate a property
management company to serve as manager. The property management company
shall be located within a thirty-mile radius of the Township. If the
owner or mortgagee is a corporation, limited liability company or
other entity that is not a partnership, an independent property management
company shall be appointed unless an officer of the corporation, limited
liability company or other non-partnership entity is appointed to
manage the property and such officer lives within a thirty-mile radius
of the Township. If the owner or mortgagee is a partnership of any
type, a property management company shall be required if a general
partner that is an adult individual does not reside within a thirty-mile
radius of the Township. Said partner shall perform the same function
as a property management company. If the owner or mortgagee is a trust
or an estate, an independent property management company shall be
appointed unless a fiduciary of the trust or estate is appointed to
manage the property and such fiduciary lives within a thirty-mile
radius of the Township. The property management company shall be the
agent of the owner and shall be authorized to accept service of process
and receiving of notices and demands on behalf of owner or mortgagee,
as well as for performing the obligations of the owner or mortgagee,
as applicable, under this Part.
6.
In addition to the required designated of a property management company under Subsection 5, above, an owner may designate a property management company to serve all of the same purposes of the owner by registering the name of the property management company with the Township. If a property management company is designated by the owner, then the Township is not required to provide separate notice to the owner.
7.
A non-refundable annual registration fee as enumerated in Township
Fee Schedule, shall accompany the registration form.
8.
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 Lower Mount Bethel Township and/or its authorized designee.
9.
This section shall also apply to properties that have been the subject
of a foreclosure sale where the title was transferred to the beneficiary/holder
of a mortgage involved in the foreclosure and any properties transferred
under a deed in lieu of foreclosure/sale.
10.
Properties subject to this section shall remain under the annual
registration requirement, and the inspection, security and maintenance
standards of this Part as long as they remain classified as abandoned
real property and/or blighted property pursuant to the terms of this
Part.
11.
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.
12.
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 Part is a violation of the Part
and shall be subject to enforcement.
13.
Pursuant to any administrative or judicial finding and determination
that any property is in violation of this Part, the Township is authorized
to take the necessary action to ensure compliance with the applicable
codes and place a lien on the property for the cost of the work performed
to benefit the property and bring it into compliance.
14.
The legal name, mailing address, daytime physical address (not a
post office box), and daytime and evening telephone number(s) of a
property management company who is designated as the manager shall
be provided in writing by the owner or mortgagee, as applicable, to
Lower Mount Bethel Township, and such information shall be kept current
and updated within 10 business days after it changes.
15.
If a mortgage on a property is in default or the property has been
declared and/or certified blighted and, the property has become vacant,
a property management company shall be designated by the owner or
mortgagee to perform the work necessary to bring the property into
compliance with the applicable codes and the property manager must
perform regular inspections to verify compliance with the requirements
of this Part, and any other applicable laws.
16.
Blighted property shall be subject to the registration and other
requirements of this Part.
[Ord. 2013-13, 10/7/2013, § VI]
1.
Abandoned real properties and blighted properties shall be maintained
in a condition compliant with the applicable codes.
2.
Abandoned real properties and blighted properties 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, inoperable vehicles, printed material or any other
items that give the appearance that the property is vacated.
3.
Abandoned real properties and blighted properties shall be kept free
of (A) chipped or peeling paint and (B) deteriorated windows, walls,
foundations and roofs, and shall comply with the regulations set forth
in the applicable codes. No property shall be permitted to be in an
condition that would make such property an accessible property/structure
under this Part.
4.
The exterior of abandoned real properties and blighted properties
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 balance of the exterior of the structure constructed on the
property.
5.
Front, side, and rear yards, including landscaping and fencing, shall
be maintained in accordance with the applicable codes at the time
registration was required.
6.
Yard maintenance shall include, but not be limited to, regular maintenance
of grass, ground covers, brushes, 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 allowance of weeds, gravel, and/or broken
concrete, asphalt or similar material.
7.
Required maintenance shall include, but not be limited to, regular
watering, irrigation, cutting and mowing of required ground cover
or landscape and lawful removal of all trimmings.
8.
Pools and spas shall be maintained so that the water remains free
and clear of pollutants and debris. The pools and spas shall comply
with the regulations set forth in the applicable codes.
9.
Sheds, garages, outbuildings and other non-primary structures shall
be maintained in accordance with the applicable codes, and such maintenance
obligation shall include, but not be limited to, keeping the structures
free of pollutants, debris, clutter and hazards to the public health
and safety, keeping the structures secure, free from peeling or chipping
paint and/or deteriorated windows, doors, walls, foundations and roofs.
10.
In addition to the above, the property and all structures thereon
are required to be maintained in accordance with all applicable codes
of the Township.
[Ord. 2013-13, 10/7/2013, § VII]
1.
Abandoned real properties and blighted properties shall be maintained
in a secure manner so as not to be accessible properties/structures
pursuant to this Part.
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 human children or adults, felines, rodents, canines
or other mammals to access the interior of the property or structure.
Broken windows, doors, gates and other openings of such size that
may allow human children or adults, felines, rodents, canines or other
mammals to access the interior of the property or structure must be
repaired. Broken windows shall be secured by reglazing of the window.
3.
In addition to the above, the property is required to be secured
in accordance with all applicable codes of the Township.
[Ord. 2013-13, 10/7/2013, § VIII]
Nothing in this Part shall preclude the Township from independently
ordering any person causing a public nuisance to abate the public
nuisance, including nuisances relating to abandoned real property
or blighted property. In the event that the person fails to abate
the public nuisance, the Township shall have the authority to enter
upon the property and abate the public nuisance or to institute a
suit or suits in law or in equity to restrain or prevent violations
of this Part, including, but not limited to, seeking a preliminary
injunction, or by seeking other legal relief from a court of competent
jurisdiction. The Township shall be entitled to recover the expenses
of abatement and all reasonable attorneys' fees.
[Ord. 2013-13, 10/7/2013, § IX]
Adherence to this Part does not relieve any person, legal entity
or agent from any other obligations set forth in any applicable codes,
which may apply to the property. Properties that remain abandoned
and/or blighted for one year or more may be inspected annually by
the Township. Inspections may occur more frequently depending on complaints,
necessity, and/or violations of the applicable codes.
[Ord. 2013-13, 10/7/2013, § X]
1.
If the Enforcement Officer has reason to believe that an abandoned
real property or a blighted property is posing a threat to the public
health safety and welfare, the Township may secure the property at
the expense of the mortgagee and/or owner, and a municipal claim or
lien for costs associated with the security activity shall be filed
and a municipal citation filed for the violations, as soon as possible,
to address the conditions of the property.
2.
The Township or magisterial district judge shall have the authority
to require the mortgagee and/or owner of record of any property affected
by this Part, 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.
3.
If there is a finding that the condition of the property is posing
a threat to the public health, safety and welfare, then the Township
may abate the violations. The owner and/or mortgagee shall be charged
with the cost of the abatement.
4.
If the mortgagee or owner does not reimburse the Township for the
cost of securing the property, or of any abatement directed by the
Township or magisterial district judge, within 30 days of the Township
sending the mortgagee or owner the invoice, then the Township may
lien the property with such cost, along with an administrative fee
of up to 20% of the expenses incurred by the Township.
[Ord. 2013-13, 10/7/2013, § XI]
It shall be unlawful to oppose, obstruct, fail to follow the
instructions of or resist any Enforcement Officer or any person authorized
by the Enforcement Officer in the discharge of duties as provided
in this Part. Each such offense shall be punishable as provided in
the applicable codes or by a court of competent jurisdiction.
[Ord. 2013-13, 10/7/2013, § XII]
Any Enforcement Officer or any person authorized by the Township
to enforce this Part 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.
[Ord. 2013-13, 10/7/2013, § XIII]
1.
Any person who shall violate the provisions of this Part may be cited
and fined as provided in the Second Class Township Code, 53 P.S. § 66601.
2.
After the owner or mortgagee is given notice of the amount of the
registration fee due, and the owner or mortgagee fails to pay the
amount due, said amount shall constitute a debt due and owing to the
Township, and the Township may commence a civil action to collect
the unpaid debt.
3.
After the owner or mortgagee is given notice of the amount of the
registration fee due, and the owner or mortgagee fails to pay the
amount due, said amount shall constitute a debt due and owing to the
Township, and shall constitute a lien.
4.
The failure or refusal for any reason of any owner or mortgagee,
or agent of an owner or mortgagee acting on behalf of the owner or
mortgagee to register an abandoned real property and/or blighted property
or to pay any fees required to be paid pursuant to the provisions
of this Part, within 30 days after they become due, shall constitute
a summary criminal violation punishable upon conviction thereof by
a fine in the amount of not less than $1,000 for each failure or refusal
to register, failure to maintain or secure abandoned real property
and/or blighted property or for each failure or refusal to pay a required
fee(s). Fines shall not be subject to suspension or reduction for
any reason. All fines and penalties collected for any violation of
this Part shall be paid to the Township and delivered to the Township
treasurer for deposit. Each day or any portion thereof in which a
violation is found to exist shall be considered a separate offense
under this Part. Likewise, each section of this Part which is found
to be violated shall be considered a separate offense.
5.
In addition to or in lieu of an enforcement action before a magisterial
district judge or imposition of penalties, the Township may enforce
this Part as an equity action in the Northampton County Court of Common
Pleas.
