[HISTORY: Adopted by the Borough Council of the Borough of
Wilkinsburg as indicated in article histories. Amendments noted where
applicable.]
[Adopted 10-21-2015 by Ord. No. 2940[1]]
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.
The following words, terms and phrases, when used in this chapter,
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 assessors lien sale,
or has been transferred to the lender under a deed in lieu of foreclosure,
including properties in said status at the time of the enactment of
this article. 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.
A property that is accessible through a comprised/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.
To include, but not be limited to, the Borough's Zoning
Code, the Borough's Code of Ordinances ("Borough Code"), and
the Pennsylvania Building Code.
Properties that have broken or severely damaged windows, doors,
walls, or roofs which create hazardous conditions and encourage trespassing;
or
Properties whose maintenance is not in conformance 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 the Borough
Code; 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 Borough and Zoning Codes.
Any law enforcement officer, building official, zoning inspector,
code enforcement officer, fire inspector or building inspector, or
other person authorized by the Borough to enforce the applicable code(s).
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, property maintenance company or
similar entity responsible for the maintenance of abandoned real property.
Any building or structure that is not legally occupied.
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.
Pursuant to the provisions of § 198-6, the Borough or designee shall establish a registry cataloging each abandoned property within the Borough, containing the information required by this article.
A.
Any mortgagee who holds a mortgage on real property located within
the Borough of Wilkinsburg 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 Division of Code Enforcement, or designee, on forms
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.
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.
C.
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
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.
D.
A nonrefundable annual registration fee in the amount of $400 per
property shall accompany the registration form or website registration.
An additional nonrefundable fee of $100 shall be due and owing for
each subsequent year any registered property remains on the registry.
E.
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.
F.
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.
G.
Properties subject to this section shall remain under the annual
registration requirement and the inspection, security and maintenance
standards of this section as long as they remain vacant or in default.
H.
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.
I.
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 article is a violation of the
article and shall be subject to enforcement.
J.
Pursuant to any administrative or judicial finding and determination
that any property is in violation of this article, 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.
A.
Properties subject to this chapter 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, printed material or any other items that give the appearance
that the property is abandoned.
B.
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 structure.
C.
Front, side, and rear yards, including landscaping, shall be maintained
in accordance with the applicable code(s) at the time registration
was required.
D.
Yard maintenance shall include, but not be limited to, trees, 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.
E.
Maintenance shall include, but not be limited to, watering, irrigation,
cutting and mowing of required ground cover or landscape and removal
of all trimmings.
F.
Pools and spas shall be maintained so the water remains free and
clear of pollutants and debris and shall comply with the regulations
set forth in the applicable code(s). All pools shall be covered with
a properly installed pool cover to prevent the infestation of mosquitos,
rodents and other animals. All pools must have a functioning pump,
with all chemicals maintained.
G.
Failure of the mortgagee and/or owner 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 Chapter 198, Article I, of the Borough of Wilkinsburg's Code of Ordinances. Pursuant to a finding and determination by the Borough's Code Enforcement Officer or a court of competent jurisdiction, the Borough may take the necessary action to ensure compliance with this section.
H.
In addition to the above, the property is required to be maintained
in accordance with the applicable code(s).
A.
Properties subject to these sections shall be maintained in a secure
manner so as not to be accessible to unauthorized persons.
B.
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 to access the interior of the property or structure
must be repaired. Broken windows shall be secured by the reglazing
of the window. If, in the opinion of the Code Enforcement Officer,
it is found to be in the best interest of the public safety, said
structure shall be boarded up and secured pursuant to the Boarding
Standard (Appendix "A"), as outlined in the International Property
Maintenance Code, as adopted by the Borough.
C.
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 article and any other applicable laws.
All abandoned real property is hereby declared to be a public
nuisance, the abatement of which pursuant to the police power is hereby
declared to be necessary for the health, welfare and safety of the
residents of the Borough.
Any person who shall violate the provisions of this article may be cited and fined as provided in Chapter 198, Article I, of the Borough of Wilkinsburg's Code of Ordinances and Pennsylvania Statutes, 8 Pa.C.S.A. § 3321. The following table shows violations of these sections, as may be amended from time to time, which may be enforced pursuant to the provisions of this regulation, and the dollar amount of civil penalty for the violation of these sections as it may be amended. The descriptions of violations below are for informational purposes only and are not meant to limit or define the nature of the violations or the subject matter of the Borough Code sections, except to the extent that different types of violations of the Code section may carry different civil penalties. For each Code section listed in the schedule of civil penalties, the entirety of the section may be enforced by the mechanism provided in this section, regardless of whether all activities prescribed or required are described in the "Description of Violation" column. To determine whether a particular activity is prescribed or required by this Code, the relevant Borough Code section(s) shall be examined.
|
Description of Violation
|
Civil Penalty
|
|---|---|
|
Failure to register abandoned real property on annual basis
and/or any violation of the sections stated within
|
$500
|
A.
Adherence to this article 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 new owner shall be responsible for all violations
of the applicable code(s) and ordinances. The buyer shall be responsible
for providing the Borough with a notarized statement acknowledging
the acceptance of responsibility for the property and acknowledging
all code violations. The buyer shall repair all said violations within
45 days of the date that he/she takes ownership of the property.
B.
An initial inspection of the property shall be performed by Code
Enforcement upon the registering of said property, with subsequent
monthly inspections to confirm compliance with all applicable code
provisions and ordinances. Upon inspection, a detailed report outlining
the violations will be given to the responsible party, and the responsible
party shall have 30 days to abate said violations. If the violations
are not abated, the party who is responsible for registering the property
with the Borough under this article shall be cited in accordance with
the penalty section of this article.
A.
If the enforcement officer has reason to believe that a property
subject to the provisions of this article is posing a serious threat
to the public health, safety and welfare, the Code Enforcement Officer
may temporarily secure the property at the expense of the mortgagee
and/or owner and may bring the violations before the Borough's
Code Enforcement Board or Code Enforcement Special Magistrate as soon
as possible to address the conditions of the property.
B.
The Code Enforcement Officer/Special Magistrate shall have the authority
to require the mortgagee and/or owner of record of any property affected
by this section 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.
C.
If there is a finding that the condition of the property is posing
a serious threat to the public health, safety and welfare, then the
Code Enforcement Board or Special Magistrate may direct the Borough
to abate the violations and charge the mortgagee with the cost of
the abatement.
D.
If the mortgagee does not reimburse the Borough for the cost of temporarily
securing the property, or of any abatement directed by the Code Enforcement
Board or Special Magistrate, within 30 days of the Borough sending
the mortgagee the invoice, then the Borough may lien the property
with such cost, along with an administrative fee of $500 to recover
the administrative personnel services.
Whoever opposes, obstructs or resists any enforcement officer
or any person authorized by the enforcement office 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.
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 article.
