[HISTORY: Adopted by the Town Council of the Municipality
of Kingston 12-7-2015 by Ord. No.
2015-13;[1] amended in its entirety 5-6-2019 by Ord. No. 2019-5.
Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Graffiti — See Ch. 105.
Grass, weeds, vegetation and hazardous conditions — See Ch. 107.
Landlord registration, licensing and occupancy — See Ch. 116.
Littering — See Ch. 118.
Property maintenance — See Ch. 135.
[1]
Editor's Note: This chapter was adopted as Ch. 117 but
was renumbered in order to maintain the alphabetical organization
of the Code.
This chapter shall be known and may be cited as "The Municipality
of Kingston Abandoned Real Property Ordinance of 2015."
It is the purpose and intent of the Municipality to amend the
process to address the deterioration and blight of Municipality neighborhoods
caused by an increasing amount of abandoned, foreclosed or distressed
real property located within the Municipality, and to identify, regulate,
limit and reduce the number of abandoned properties located within
the Municipality. It is the Municipality's further intent to
amend the 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 Municipality, 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 claim bureau lien
sale, 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 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 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.
To include but not be limited to the laws of the Commonwealth
of Pennsylvania, the Municipality's Zoning Ordinance, the Municipality's
Property Maintenance Code, the Municipality's Refuse Disposal
Ordinance, the Municipality's Mandatory Recycling Ordinance,
the Municipality's Snow and Ice Removal Ordinance, the Municipality's
Landlord Registration, Licensing and Occupancy Ordinance, and all
other Municipal laws that regulate health, safety, peace and good
order.
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 Municipality
codes or other applicable 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 lack
maintenance as required by applicable codes.
Properties which because of their general condition are unsafe,
unsanitary or dangerous to the health, safety or general welfare of
the people of the Municipality.
Any law enforcement officer, building official, zoning inspector,
code enforcement officer, designated fire personnel, code enforcement
officer or building inspector, or other person authorized by the Municipality
to enforce the applicable code(s).
Any individual, corporation, limited liability company or
any other entity holding a security interest in real property located
within the Municipality. This definition shall include assignees of
any such security interest.
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 located within 20 miles of the corporate boundaries
of the Municipality responsible for the maintenance of abandoned real
property.
Any residential or commercial land and/or buildings, leasehold
improvements and anything affixed to the land, or portion thereof
identified by a property parcel identification number, located in
the municipal limits.
Any real property located in the Municipality, whether vacant
or occupied, that is encumbered by a mortgage in default, is subject
to an ongoing foreclosure action by the mortgagee or trustee, has
been the subject of a foreclosure action by a mortgagee or trustee
and a judgment has been entered, or has 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. The designation of a "default/foreclosure"
property as "registrable" shall remain in place until such time as
the property is sold to a nonrelated bona fide purchaser in an arm's-length
transaction or the foreclosure action has been dismissed and any default
on the mortgage has been cured.
Six months from the date of the first action that requires
registration, as determined by the Borough, or its designee, and every
subsequent six months the property is registrable. The date of the
initial registration may be different than the date of the first action
that required registration.
Any building or structure that is not legally occupied.
A.Â
These sections shall be considered cumulative and not superseding
or subject to any other law or provision for same, but rather to be
an additional remedy available to the Municipality above and beyond
any other state, county or local provisions for same.
B.Â
The provisions of this chapter shall apply to mortgagees. The responsibilities
for the duties imposed by this chapter and the penalties imposed by
this chapter are imposed on the mortgagee and are not subject to divestiture
by mortgage foreclosure actions against the abandoning or absent property
owner on the title.
Pursuant to the provisions of this chapter, the Municipality
or designee shall amend the registry cataloging each abandoned property
within the Municipality, containing the information required by this
chapter.
A.Â
Any mortgagee who holds a mortgage on real property located within
the Municipality of Kingston 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 Municipality or its designee, on forms or website
access provided by the Municipality, 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.Â
If the property is occupied but remains in default, it shall be inspected
by a designated municipal official along with the mortgagee or its
designee to determine if the property is compliant with applicable
codes and habitable. Occupancy of said property shall not be permitted
until this inspection is completed.
C.Â
If it is determined that the property is habitable, the property
shall be inspected by the mortgagee or its 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 Municipality.
D.Â
If the property is a residential rental unit(s) as defined in the
Municipality's Landlord Registration, Licensing and Occupancy
Ordinance,[1] the mortgagee or his designee shall register the occupants
with the Municipality pursuant to the requirements of said ordinance.
E.Â
Registration pursuant to this section shall contain the name of the
mortgagee and the servicer, the direct mailing address of the mortgagee
and the servicer, a direct contact name and telephone number for both
parties, facsimile number and email address for both parties, the
property identification number of the subject 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.
The Municipal Administrator shall be authorized to share this information
with emergency and appropriate personnel.
F.Â
Each individual property on the registry that has been registered
for 12 months or more prior to the effective date shall have 30 days
to renew the registration and pay the $300 semiannual registration
fee. Properties registered less than 12 months prior to the effective
date shall renew the registration every six months from the expiration
of the original registration renewal date and shall pay the $300 semiannual
registration fee.
G.Â
If the defaulted property is not registered, or the registration
fee is not paid within 30 days of when the registration or renewal
is required pursuant to this section, a late fee equivalent to 10%
of the semiannual registration fee shall be charged for every thirty-day
period, or portion thereof, the property is not registered and shall
be due and payable with the registration.
H.Â
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 Township/City and/or its authorized designee.
I.Â
This section shall also apply to properties that have been the subject
of a foreclosure sale where the title was transferred to the holder
of a mortgage involved in the foreclosure and any properties transferred
under a deed in lieu of foreclosure/sale.
J.Â
Properties subject to this section shall remain under the semiannual
registration requirement, and the inspection, security and maintenance
standards of this section, as long as they remain vacant or in default.
K.Â
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.
L.Â
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.
M.Â
Pursuant to any administrative or judicial finding and determination
that any property is in violation of this chapter, the Municipality
may take the necessary action to ensure compliance with this chapter
and place a lien on the property for the cost of the work performed
to benefit the property and bring it into compliance.
A.Â
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.Â
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.Â
Front, side, and rear yards, including landscaping, shall be maintained
in accordance with the applicable code(s) at the time registration
was required.
D.Â
Yard maintenance shall include, but not be limited to, 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.Â
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.Â
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).
G.Â
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 applicable codes
of the Municipality. Pursuant to a finding and determination by the
enforcement officer as defined in this chapter, the Municipality may
take the necessary action to ensure compliance with this chapter before
the District Magistrate.
H.Â
If the property is a residential rental unit(s) as defined in the
Municipality's Landlord Registration, Licensing and Occupancy
Ordinance,[1] no license will be issued for any property not in compliance
with this Abandoned Property chapter. If a rental license has been
obtained, it will be revoked and considered invalid after a period
of 30 days if compliance has not been accomplished with this Abandoned
Property chapter.
I.Â
In addition to the above, the property is required to be maintained
in accordance with the applicable code(s).
A.Â
Properties subject to these sections shall be maintained in a secure
manner so as not to be accessible to unauthorized persons.
B.Â
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.Â
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 Municipality.
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 sale or transfer of
title to the property, the conveying owner shall be responsible for
all violations of the applicable code(s) and shall further be responsible
to apply to the Municipality's Building Officer or Code Enforcement
Officer for a pre-sales inspection.
A.Â
If the enforcement officer 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 Code Enforcement Officer
may temporarily secure the property at the expense or the mortgagee
and/or owner, and may bring the violations before the District Magistrate
as soon as possible to address the conditions of the property.
B.Â
The enforcement officer 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.Â
If there is a finding that the condition of the property is posing
a serious threat to the public health, safety and welfare, the Municipality
may abate the violations and charge the mortgagee with the cost of
the abatement.
D.Â
If the mortgagee does not reimburse the Municipality of Kingston
for the cost of temporarily securing the property, or of any abatement
directed by the Code Enforcement Officer or District Justice, within
30 days of the Municipality of Kingston sending the mortgagee the
invoice, then the Municipality of Kingston may lien the property with
such cost, along with an administrative fee as determined by the Municipality's
Fee Ordinance[1] to recover the administrative personnel services.
E.Â
Any property that has been liened for violations of this chapter
that is later rehabilitated cannot be licensed as a rental unit(s)
pursuant to the Municipality's Landlord Registration, Licensing
and Occupancy Ordinance[2] until the lien or liens is/are satisfied and the Municipality
is made whole for any costs incurred.
Whoever opposes, obstructs or resists any enforcement officer
or any person authorized by the enforcement officer in the discharge
or 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 Municipality
of Kingston 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 or duties imposed by this chapter.
A.Â
A nonrefundable registration fee in the amount of $300 per property
shall accompany the registration form.
B.Â
Any person or entity that shall violate the provisions of this chapter
may be cited by the Municipality and fined.
C.Â
Failure to register abandoned real property on a semiannual basis
and/or violations of this chapter shall carry a fine of $500 for the
first offense, $1,000 for the second offense and $1,500 for any subsequent
offense.
Registration and penalty fees as set forth in this chapter may
be modified by resolution of the Town Council of the Municipality
of Kingston.
If any section, sentence, clause, or phrase of this chapter
is held to be invalid or unconstitutional by any court of competent
jurisdiction, then said holding shall in no way affect the validity
of the remaining portions of this chapter.
All ordinances or parts of ordinances in conflict herewith are
and the same are hereby repealed.
This chapter shall become effective in conformity with the Charter
of the Municipality of Kingston.
