The purpose and intent of the Borough is to amend the 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 further identify, regulate,
limit and reduce the number of abandoned properties located within
the Borough. It is the Borough'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 or foreclosed properties.
The following words, terms and phrase, when used in this article,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
ABANDONED REAL PROPERTY
Any real property located in the Borough, whether vacant
or occupied, that 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, 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 or the foreclosure action has been dismissed.
ACCESSIBLE PROPERTY/STRUCTURE
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.
BLIGHTED PROPERTY
A.
Properties that have broken or severely damaged windows, doors,
walls, or roofs which create hazardous conditions and encourage trespassing;
or
B.
Properties whose maintenance is not in conformance with the
maintenance of other neighboring properties causing a decrease in
value of the neighboring properties; or
C.
Properties cited for a public nuisance pursuant to the Borough
Code; or
D.
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 Borough Zoning Codes.
ENFORCEMENT OFFICER
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).
MORTGAGEE
The creditor, including, but not limited to, trustees; mortgage
servicing companies; lenders in a mortgage agreement; any agent, servant,
or employee of the creditor; any successor in interest; or any assignee
of the creditor's rights, interests or obligations under the
mortgage agreement; or any other person or entity with the legal right
to foreclose on the real property, excluding governmental entities.
OWNER
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.
PROPERTY MANAGEMENT COMPANY
A local property manager, property maintenance company or
similar entity responsible for the maintenance of abandoned real property.
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 Borough limits.
REGISTRABLE PROPERTY
Any real property located in the Borough, whether vacant
or occupied, that 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 judgement 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 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.
REGISTRY
A web-based electronic database of searchable real property
records, used by the Borough to allow mortgagees the opportunity to
register properties and pay applicable fees as required in this article.
SEMIANNUAL REGISTRATION
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.
VACANT
Any building or structure that is not legally occupied.
These sections shall be considered 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 §
157-22, the Borough or designee shall continue a registry cataloging each abandoned property within the Borough, containing the information required by this article.
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.
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 offer for sale or transfer
of title to the property, the owner shall be responsible to apply
to the Borough's Code Enforcement Department for a presales inspection.
Whoever opposes, obstructs or resists any enforcement officer
or any other person authorized by the enforcement office in the discharge
of duties, as provided in this article, 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.