[Ord. No. 2021-01, 3/4/2021]
It is the purpose and intent of the Township of Lower Macungie
to establish a process to address the deterioration and blight of
Township neighborhoods caused by an increasing amount of foreclosed
or abandoned real property located within the Township, and to identify,
regulate, limit and reduce the number of abandoned properties located
within the Township. It is the Township'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 foreclosed and abandoned properties.
[Ord. No. 2021-01, 3/4/2021]
1.
ABANDONED PROPERTY
ACCESSIBLE
BLIGHTED PROPERTY
ENFORCEMENT OFFICER
FORECLOSED PROPERTY
OWNER
PROPERTY MANAGEMENT COMPANY
VACANT PROPERTY
The following words, terms and phrases, when used in this Part, shall
have the meanings ascribed to them in this Part, except where the
context clearly indicates a different meaning:
Any real property in the Township that has become both vacant
and blighted.
A property or structure that is open to unauthorized persons
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.
Properties that have broken or damaged windows, doors, walls,
or roofs which create hazardous or potentially hazardous conditions
and encourage trespassing; or, properties that endanger the public
health, safety, or welfare because the property or improvements thereon
are dilapidated, deteriorated, or violate minimum health and safety
standards.
Any Building Code Official, Zoning Officer, Code Enforcement
Official, Fire Inspector, Law Enforcement Officer, or other person
authorized by the Township to enforce this Part or any other applicable
Township code.
Any real property located in the Township, whether vacant
or occupied, that is subject to an ongoing foreclosure action by the
mortgagee (lender) or other interested party in the Court of Common
Pleas of Lehigh County, or has been transferred to the mortgagee (lender)
or a third party pursuant to a deed in lieu of foreclosure. The designation
of a property as "foreclosed" 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(s) has
been cured.
Any person, legal entity or other party having any ownership
interest, whether legal or equitable, in real property.
A local property manager, property maintenance company or
similar entity responsible for the management and/or maintenance of
real property.
Any building or structure that is not occupied or not occupied
legally.
[Ord. No. 2021-01, 3/4/2021]
This Part shall be considered cumulative and not subject to
any other code, law or regulation, but rather shall be construed to
be in addition to any other code, law or regulation available to the
Township.
[Ord. No. 2021-01, 3/4/2021]
The Township or its designee shall establish a registry cataloging each foreclosed or abandoned property within the Township, containing the information required by § 5-405.
[Ord. No. 2021-01, 3/4/2021]
1.
Upon the filing of a complaint in mortgage foreclosure on any real
property located within the Township, the mortgagee (lender) who holds
such mortgage shall perform an inspection of the property to determine
vacancy or occupancy. The mortgagee or its designee shall, within
10 days of the inspection, register the property with the Township
on forms or a website address provided by the Township, and indicate
whether the property is vacant or occupied. A separate registration
is required for each property.
A.
This section also shall apply to any property that has been the subject
of a foreclosure sale where the title was transferred to an assignee
of a mortgagee involved in the foreclosure and any property transferred
under a deed in lieu of foreclosure/sale.
B.
This section also shall apply to properties that have been identified
by the Township as being abandoned through the investigation of code
violations or blighted conditions on such properties. Any such property
shall be included in the Township's registry.
2.
Registration pursuant to this section shall contain the name of the
property owner, the mortgagee and the foreclosure attorney or process
server; the direct mailing address of the owner, the mortgagee and
foreclosure attorney or process server; a direct contact name and
telephone number for all parties; a facsimile number and email address
for all parties; the Lehigh County tax parcel identification number
for the property; and the name and twenty-four-hour contact phone
number of any property management company responsible for the security
and maintenance of the property. If the property is vacant, the front
door of the property shall be posted legibly and clearly with the
name and twenty-four-hour contact telephone of the owner, mortgagee
or designated local agent. The posting shall contain the following
language:
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THIS PROPERTY IS MANAGED BY:
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TO REPORT ANY PROBLEMS OR CONCERNS, CALL:
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3.
A nonrefundable annual registration fee shall accompany the registration
form or website registration, the amount of which shall be set by
resolution of the Board of Commissioners of the Township as part of
the Township's fee schedule. The annual registration fee shall
be valid for one calendar year and shall be due on the date of registration
and every year thereafter until such property becomes legally occupied.
4.
If the property is occupied but remains subject to a complaint in
mortgage foreclosure, it shall be inspected by the mortgagee monthly
with a report available upon demand by the Township until:
A.
The complaint in mortgage foreclosure is dismissed; or
B.
The property is found to be vacant or shows evidence of vacancy,
at which time it shall be deemed abandoned, and the mortgagee shall,
within 10 days of that inspection, update the property registration
to a vacancy status on forms or on the website address provided by
the Township.
5.
Properties subject to this Part remain under the annual registration
requirement and the inspection, security and maintenance standards
of this Part as long as they remain vacant or subject to a pending
complaint in mortgage foreclosure. Once the property is no longer
subject to a pending complaint in mortgage foreclosure, or is sold
to a bona fide third party, the mortgagee shall provide to the Township
proof of sale or written notice of termination of the foreclosure
proceedings.
6.
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.
7.
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 section is a violation of the
Part and shall be subject to enforcement.
[Ord. No. 2021-01, 3/4/2021]
1.
Properties subject to this Part shall be compliant with the International
Property Maintenance Code, as adopted by Lower Macungie Township,
and all other applicable Township codes. 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.
2.
In addition to compliance with all Township codes, properties subject
to this Part shall be kept free of trash, junk, or debris; building
materials; unlicensed or junk vehicles; any accumulation of newspapers,
circulars, flyers, printed material or notices, except those required
by federal, state or local law; discarded personal items, including,
but not limited to, furniture, clothing, and appliances; and any other
items that give the appearance that the property is abandoned.
3.
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.
4.
Yard and/or landscape maintenance shall be properly maintained and
shall include, but not be limited to, cutting and mowing of required
ground cover and/or maintaining all landscape in accordance with the
International Property Maintenance Code.
5.
Pools, spas and other bodies of water, including ponds, shall be
maintained in a clean and sanitary condition and in good repair, and
shall be secured in accordance with applicable Township codes and
all laws and regulations of the Commonwealth of Pennsylvania.
[Ord. No. 2021-01, 3/4/2021]
1.
Properties subject to this Part shall be maintained in a secure manner
so as not to be accessible to unauthorized persons.
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 a person to access the interior of the property or
structure. Broken windows, doors, gates and other openings of such
size that may allow a person to access the interior of the property
or structure must be repaired. Broken windows shall be secured by
replacement of the window, not by placement of wood or other material.
3.
If the mortgage on a property is in default, and the property has
become vacant or abandoned, a property management company 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 management company must perform regular inspections to verify
compliance with the requirements of this Part and any other applicable
laws.
[Ord. No. 2021-01, 3/4/2021]
All abandoned real property is hereby declared to be a public
nuisance, the abatement of which by the Township is hereby declared
to be necessary for the health, safety and welfare of the residents
of the Township.
[Ord. No. 2021-01, 3/4/2021]
1.
Any person who violates or permits a violation of this Part, upon
being found liable therefor in a civil enforcement proceeding, shall
pay a fine of not less than $500 and not more than $800, plus all
court costs, including reasonable attorney's fees incurred in
the enforcement of this Part. Each day a violation exists shall constitute
a separate offense.
2.
In addition to the penalties provided in this section, the Township
reserves its right to institute an action at law or in equity in the
Court of Common Pleas of Lehigh County to enforce this Part or any
violation of applicable Township codes.
[Ord. No. 2021-01, 3/4/2021]
Adherence to this Part does not relieve any person, legal entity
or agent from compliance with all applicable Township codes which
apply to the property. Upon sale or transfer of title to the property,
the owner shall be responsible for all violations of the applicable
Township codes. The owner shall be responsible for contacting and
meeting with the Township's designated representative within
45 days of sale or transfer of property for a final inspection report
which shall address any and all outstanding violations. Failure to
comply shall result in enforcement action.
[Ord. No. 2021-01, 3/4/2021]
The Commonwealth of Pennsylvania and federal government, their
agencies and instrumentalities, shall be exempt from the payment of
fees and fines under this chapter.
