[HISTORY: Adopted by the Borough Council of the Borough of
Royersford as indicated in article histories. Amendments noted where
applicable.]
[Adopted 8-9-1977 by Ord.
No. 549 (Ch. 11, Part 1, of the 1990 Borough Code
of Ordinances)]
As used in this article, the following terms shall have the
meanings indicated:
An unforeseen occurrence or condition calling for immediate
action; a crisis or a time of difficulty or danger, including but
not limited to a natural disaster or man-made calamity including flood,
conflagration, tornado, earthquake, or explosion, or extreme weather
conditions within the limits of the Borough, resulting in the actual
or potential death or injury of persons and/or the destruction of
property to such an extent that extraordinary measures must be taken
to protect the public health, safety, and welfare; an event or any
condition of or use of premises which is detrimental to the property
or safety of others and which causes or tends to cause substantial
opportunity for danger to persons or other property.
A.
This article applies only to nonresidential property owners or owners
of leased, uninhabited or vacant property in the Borough. This article
does not apply to owner-occupied properties.
B.
Uninhabited and vacant premises shall be defined as premises which
are vacant and uninhabited for 30 consecutive days unless the Police
Department is otherwise notified.
Within 60 days after the adoption of this article, all nonresident
property owners of property within the Borough and owners of leased,
uninhabited or vacant premises within the Borough shall provide to
the Borough Manager the name of the property owner or his authorized
representative, together with the address and phone number of such
property owner or authorized representative so that such person can
be located and contacted in the event of an emergency.
In the event of an emergency, as hereinbefore defined, as declared
by the Mayor of the Borough of Royersford, or, in his absence, by
the President of the Borough Council, either for all properties in
the Borough or for a specific property or subject matter, the Borough
Manager or his designated representative shall make a reasonable effort
to contact the nonresident property owner or owner of leased, uninhabited
or vacant premises or his authorized representative to advise them
of the emergency and to take steps to correct the emergency or to
obtain permission for purpose of access to the property to correct
the emergency condition.
[Amended 10-30-1990 by Ord. No. 715]
In the event that the nonresident property owner or owner of
leased, uninhabited or vacant premises or his authorized representative
cannot be located, or has failed to provide an address or phone number
where such person can be located, the Borough Manager, the Chief of
Police and the Building Code Official are hereby authorized to enter
such premises which are owned by nonresidents of the Borough or premises
which are leased, uninhabited or vacant, where the emergency or detrimental
condition exists in order to treat or otherwise terminate the emergency
or detrimental condition.
In the event that the Borough is unable to located the nonresident
property owner or the owner of leased, uninhabited or vacant premises
or his authorized representative and the Borough removes or terminates
the emergency condition, the owner or the subject premises shall reimburse
the Borough for the cost thereof plus 10% in accordance with law.
[Adopted 12-9-2009 by Ord. No. 820 (Ch. 4, Part 1, of the 1990 Borough
Code of Ordinances)]
The Borough recognizes the importance and significance of the
registration of real estate transactions for the proper and effective
flow of commerce within the local real estate market. Further, the
Borough recognizes that there is an expense associated with retrieving,
certifying and delivering records and maintaining an accurate and
current real estate registry system.
For the purpose of obtaining and securing accurate information
in reference to the ownership of all real estate within the corporate
limits of the Borough, a real estate registry is hereby established
as permitted by the Pennsylvania Borough Code, 8 Pa.C.S.A. § 1202(61),
to show the situation, dimensions and location of each property in
the Borough as well as the name and address of the owner or owners
thereof, with provision for the names of future owners and dates of
future transfer of title.
The real estate registry created hereunder shall be prepared
and maintained by the Borough Secretary under the direction of Borough
Council. The registry shall be comprised of all necessary books, maps
and plans required to maintain an accurate record of each property
within the Borough. The said books, maps and plans shall be carefully
preserved at Borough Hall and shall be so kept by addition, from time
to time or otherwise, as to show the ownership of every lot or piece
of real estate or the subdivision thereof within the municipal limits,
with the successive transmission of title from the date of the commencement
of such maps or plans; and certified copies, under the entries in
said book or upon such maps or plans, may be furnished to any person
desiring the same for the fee or compensation of $0.25 per page for
the use of the Borough.
The Registry, including the books, maps and/or plans which comprise
the same, shall be carefully preserved and shall be so kept, by additions
from time to time, as to show the ownership of each property within
the Borough; but nothing contained therein shall, at any time, invalidate
any municipal or tax claim by reason of the fact that the same is
not assessed or levied against the registered owner.
It shall be the duty of all owners of unregistered real estate
within the Borough's corporate limits, within one month from
the date of the approval of this article (and of any subsequent purchaser,
devisee or person acquiring title, in any manner whatsoever, to any
real estate therein within one month after acquiring title) to furnish
to the said Secretary, at his office, descriptions of their respective
properties, upon blanks to be furnished by the Borough Secretary and,
at the same time, present their conveyances to be stamped by the Secretary,
without charge, as evidence of the registry thereof.
Within two days of recording a deed or conveyance with the County
Recorder of Deeds, it shall be the duty of all owners of real estate,
or their agent, to deliver or send a copy of the deed as submitted
with the Recorder of Deeds by registered or certified mail, return
receipt requested, to the Borough.
The Sheriff of Montgomery County shall present for registry
the deeds of all property within the Borough's corporate limits
sold by him/her at judicial sales, whether in partition or otherwise.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any person who violates or permits a violation of this article
shall, upon conviction in a summary proceeding under the Pennsylvania
Rules of Criminal Procedure, be guilty of a summary offense and shall
be punishable by a fine of not more than $1,000, plus court costs
and reasonable attorneys' fees incurred by the Borough in the enforcement
proceedings. Upon judgment against any person by summary conviction,
or by proceedings by summons on default of the payment of the fine
or penalty imposed and the costs, the defendant may be sentenced and
committed to the county correctional facility for a period not exceeding
30 days. Each day that such violation exists shall constitute a separate
offense, and each section of this article that is violated shall also
constitute a separate offense. In addition to or in lieu of enforcement
under this section, the Borough may enforce this article in equity
in the Court of Common Pleas of Montgomery County.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
The fee for the registration of any deed in the Borough of Royersford
by any purchaser subsequent to the enactment of this article shall
be as set by resolution of the Borough Council.
