[HISTORY: Adopted by the City Council of the City of Altoona 11-14-2018 by Ord. No. 5729. Amendments noted where applicable.]
It is the purpose and intent of the City to establish a process to address the deterioration and blighted property of City neighborhoods caused by an increasing amount of abandoned, foreclosed or distressed real property located within the City, and to identify, regulate, limit and reduce the number of abandoned properties located within the City. It is the City's further intent to establish a registration program as a mechanism to protect neighborhoods from becoming blighted property due to the lack of adequate maintenance and security of abandoned and foreclosed properties.
This chapter 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 City above and beyond any other federal, state, county or local provisions for the same, including, but not limited to, Chapter 563 entitled "Registration of Vacant Buildings." In the event any real property is subject to both this chapter and said Chapter 563, compliance with this chapter shall constitute compliance with said Chapter 563.
A. 
Terms defined in other codes. Where terms are defined in this chapter and are defined in the International Building Code, Pennsylvania Uniform Construction Code, International Fire Code, Zoning Code, International Plumbing Code, International Mechanical Code, ASME A17.1 or the ICC Electrical Code, such terms shall have the meanings ascribed to them in those codes.
B. 
General definitions.
BLIGHTED PROPERTY
(1) 
Properties that have broken or severely damaged windows, doors, walls, or roofs which create hazardous conditions and encourage trespassing; or
(2) 
Properties whose maintenance is not in conformance with the maintenance of other neighboring properties causing a decrease in value of the neighboring properties; or
(3) 
Properties cited for a public nuisance pursuant to the City Codes; 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 lacks maintenance as required by the applicable codes.
CITY
The City of Altoona, Blair County, Pennsylvania.
OCCUPIED
Any building or structure shall be deemed to be occupied if one or more persons actually conducts a lawful business or resides in all or any part of the building as the licensed business-occupant or as the legal or equitable owner/occupant(s) or tenant(s) on a permanent, nontransient basis, or any combination of the same. For purposes of this section, evidence offered to prove that a building is so occupied may include, but shall not be limited to, the regular receipt of delivery of regular mail through the United States Postal Service; proof of continual telephone, electric, gas, heating, water and sewer services; a valid City business license, or the most recent federal, state, or City income tax statements indicating that the subject property is the official business or residence address of the person or business claiming occupancy; or proof of pre-rental inspection.
PROPERTY MANAGEMENT COMPANY
A local property manager, property maintenance company or similar entity responsible for the maintenance of abandoned real property.
PUBLIC NUISANCE
Includes the following:
(1) 
The physical condition or occupancy of any premises regarded as a public nuisance at common law; or
(2) 
Any physical conditions or occupancy of any premises or its appurtenances considered an attractive nuisance to children, including, but not limited to, abandoned wells, shafts, basements, excavations and unsafe fences or structures; or
(3) 
Any premises that has unsanitary sewerage or plumbing facilities; or
(4) 
Any premises designated as unsafe for human habitation; or
(5) 
Any premises that is manifestly capable of being a fire hazard, or is manifestly unsafe or unsecure as to endanger life, limb or property; or
(6) 
Any premises from which the plumbing, heating or facilities required by this Code have been removed, or from which utilities have been disconnected, destroyed, removed or rendered ineffective, or the required precautions against trespassers have not been provided; or
(7) 
Any premises that is unsanitary, or that is littered with rubbish or garbage, or that has an uncontrolled growth of weeds; or
(8) 
Any structure that is in a state of dilapidation, deterioration or decay; faulty construction; overcrowded, open, vacant or abandoned; damaged by fire to the extent so as not to provide shelter; in danger of collapse or failure; and dangerous to anyone on or near the premises.
VACANT
A building or structure shall be deemed to be vacant if no person or persons actually currently conducts a lawfully licensed business or lawfully resides or lives in any part of the building as the legal or equitable owner(s) or tenant-occupant(s) or owner-occupants or tenant(s) on a permanent, nontransient basis.
Pursuant to the provisions of § 560-5, the City or designee shall establish a registry cataloging each abandoned property within the City, containing the information required by this chapter.
A. 
Any mortgagee who holds a mortgage on real property located within the City 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 Department of Code Enforcement (DCE), or designee, on forms or website access provided by the City, 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 the mortgagee's 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 City.
C. 
Registration pursuant to this section shall contain the name of the mortgagee and the server, if any, the direct mailing address of the mortgagee and the server, if any, a direct contact name and telephone number for both parties, facsimile number and e-mail address for both parties, the address 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. 
All registration fees must be paid directly from the mortgagee, servicer, if any, trustee, or owner. Third-party registration fees are not allowed without the consent of the City and/or its authorized designee.
E. 
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.
F. 
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.
G. 
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.
H. 
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 chapter is a violation of the chapter and shall be subject to enforcement.
I. 
Pursuant to any administrative or judicial finding and determination that any property is in violation of this chapter, the City 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.
Failure of the mortgagee and/or owner to properly maintain the property in accordance with all applicable codes of the City 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 City. Pursuant to a finding and determination by the City's Code Enforcement Officer, Magistrate or a court of competent jurisdiction, the City may take the necessary action to ensure compliance with this chapter.
A. 
Properties subject to this chapter 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 reglazing of the window.
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 chapter 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 City.
Adherence to this chapter 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 offer for sale or transfer of title to the property, the owner shall be responsible to contact the City's Department of Code Enforcement to schedule an inspection of the building or structure.
A. 
If the Department of Code Enforcement has reason to believe that a property subject to the provisions of this chapter is posing a serious threat to the public health, safety and welfare, the Department of Code Enforcement may temporarily secure the property at the expense of the mortgagee and/or owner, and may bring the violations before the Magisterial District Judge as soon as possible to address the conditions of the property.
B. 
The Department of Code Enforcement or Magisterial District Judge shall have the authority to require the mortgagee and/or owner of record of any property affected by this chapter 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 Department of Code Enforcement or Magisterial District Judge may abate the violations and charge the mortgagee with the cost of the abatement.
D. 
If the mortgagee does not reimburse the City for the cost of temporarily securing the property, or of any abatement, within 30 days of the City sending the mortgagee the invoice, then the City may lien the property with such cost, along with an administrative fee as determined in the City's fee resolution, to recover the administrative personnel services.
Any person who opposes, obstructs or resists any enforcement officer or any person authorized by the Department of Code Enforcement 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.
A. 
Authorization. The employees of the City Codes and Inspections Department, the City Police Department and the City Fire Department are authorized to administer and enforce the provisions of this chapter.
B. 
Prosecution of violation. Any person failing to comply with any requirement of this chapter, including but not limited to a notice of violation or order served pursuant to the procedure set forth in Chapter 550 of the Code entitled "Property Maintenance" shall be deemed guilty of a of a summary offense. If the notice of violation is not complied with, the City shall institute the appropriate proceeding at law or in equity to restrain, correct or abate such violation or to require the removal or termination of the unlawful occupancy of the structure in violation or the provisions of this Code or of the order or direction made pursuant thereto. Any action taken by the authority having jurisdiction on such premises shall be charged against the real estate upon which the structure and/or violation is located and shall be a lien upon such real estate.
C. 
Violation/penalties. Any person who shall violate a provision of this chapter, or fail to comply therewith or with any of the requirements thereof, shall, upon conviction thereof in a summary proceeding before a Magisterial District Judge, be sentenced to pay not less than $300 nor more than $1,000 together with the costs of prosecution and any fee or fees or be imprisoned for a period not to exceed 90 days, or both. Each day that a violation continues shall be deemed a separate offense.
D. 
Application for appeal. Any person directly affected by a decision of the City or a notice or order issued under this chapter shall have the right to appeal to the Board of Appeals, provided that a written application for appeal is filed within 10 days after the day the decision, notice or order was served. An application for appeal shall be based on a claim that the true intent of this chapter or the rules adopted thereunder have been incorrectly interpreted, the provisions of this chapter to not fully apply, or the requirements of the chapter are adequately satisfied by other means.
Any code enforcement officer or any person authorized by the City to enforce this chapter 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 chapter.
Registration requirements and penalty fees outlined in this chapter may be modified by a resolution, passed and adopted by the City Council.
A nonrefundable registration fee in the amount established by resolution of City Council from time to time shall accompany the registration form.