[Adopted 1-4-2016 by Ord.
No. O-16-1, approved 1-4-2016; amended in its entirety 2-1-2021 by Ord. No. O-21-2,
approved 2-1-2021]
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:
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.
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.
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 Borough
Code; 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 Borough Zoning Codes.
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).
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.
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 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 Borough limits.
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.
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.
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.
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.
A.
Any mortgagee who holds a mortgage on real property located within
the Borough shall perform an inspection of the property to determine
vacancy or occupancy, upon foreclosure. The mortgagee shall, within
10 days of the inspection, register the property with the Code Enforcement
Department, or designee, on forms or website access provided by the
Borough, and indicate whether the property is vacant or occupied.
A separate registration is required for each registrable property,
whether it is found to be vacant or occupied.
B.
If the property is occupied but remains in foreclosure, it shall
be inspected by the mortgagee or his designee monthly until 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 Borough.
C.
Registration pursuant to this section shall contain the name of the
mortgagee and the server, the direct mailing address of the mortgagee
and the server, a direct contact name and telephone number for both
parties, facsimile number and email address for both parties, the
folio 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,
trustee, or owner. Third-party registration fees are not allowed without
the consent of the Borough and/or its authorized designee.
E.
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 nonrefundable 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 nonrefundable
semiannual registration fee.
F.
If the mortgage and/or servicing on a property is sold or transferred,
the new mortgagee is subject to all the terms of this article. Within
10 days of the transfer, the new mortgagee shall register the property
or update the existing registration. The previous mortgagee(s) will
not be released from the responsibility of paying all previous unpaid
fees, fines, and penalties accrued during that mortgagee's involvement
with the registrable property.
G.
If the mortgagee sells or transfers the registrable property in a
non-arm's-length transaction to a related entity or person, the
transferee is subject to all the terms of this article. Within 10
days of the transfer, the transferee shall register the property or
update the existing registration. Any and all previous unpaid fees,
fines, and penalties, regardless of who the mortgagee was at the time
registration was required, including, but not limited to, unregistered
periods during the foreclosure process, are the responsibility of
the transferee and are due and payable with the updated registration.
The previous mortgagee will not be released from the responsibility
of paying all previous unpaid fees, fines, and penalties accrued during
that mortgagee's involvement with the registrable property.
H.
If the foreclosing or foreclosed 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.
I.
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.
J.
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.
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.
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 article is a violation of the
article and shall be subject to enforcement.
M.
Pursuant to any administrative or judicial finding and determination
that any property is in violation of this article, the Borough may
take the necessary action to insure 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.
N.
Registration of foreclosure property does not alleviate the mortgagee
and/or owner from obtaining all required licenses, permits and inspections
required by applicable code or state statutes. Acquisition of required
licenses, permits and inspections or registration of rental property
does not alleviate the requirement for the property to be registered
under this section. Mortgagee and/or owner is expected to update the
status of the property in the event of a mortgagee managed rental.
A.
Properties subject to this article 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.
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.
Front, side, and rear yards, including landscaping, shall be maintained
in accordance with the applicable code(s) at the time registration
was required.
D.
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.
Maintenance shall include, but not be limited to, watering, irrigation,
cutting and mowing of required ground cover or landscape or removal
of all trimmings.
F.
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.
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 the applicable
code of the Borough. Pursuant to a finding and determination by the
Borough's Code Enforcement Officer, Magistrate or a court of
competent jurisdiction, the Borough may take the necessary action
to ensure compliance with this section.
H.
In addition to the above, the property is required to be maintained
in accordance with the applicable code(s) of the Borough.
A.
Properties subject to these sections shall be maintained in a secure
manor 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 article, 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 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.
A.
If the enforcement officer has reason to believe that a property
subject to the provisions of this article is posing a serious threat
to the public health, safety and welfare, the Code Enforcement Officer
may temporarily secure the property at the expense of the mortgagee
and/or owner and may bring the violations before the Magistrate as
soon as possible to address the conditions of the property.
B.
The Code Enforcement Officer or Magistrate 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.
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
Code Enforcement Officer or Magistrate may direct the Borough to abate
the violations and charge the mortgagee with the cost of the abatement.
D.
If the mortgagee does not reimburse the Borough for the cost of temporarily
securing the property, or of any abatement directed by the Code Enforcement
Officer or Magistrate, within 30 days of the Borough sending the mortgagee
the invoice, then the Borough may lien the property with such cost,
along with an administrative fee as determined by the Borough's
fee schedule resolution to recover the cost of the administrative
personnel services.
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.
A.
A non-refundable semiannual registration fee in the amount of $300
per property shall accompany the registration form.
B.
Any person who shall violate the provisions of this article may be
cited and fined. The following table shows violations of these sections,
as may be amended from time to time, which may be enforced pursuant
to the provisions of this regulation; and the dollar amount of civil
penalty for the violation of these sections as it may be amended.
The descriptions of violations below are for informational purposes
only and are not meant to limit or define the nature of the violations
or the subject matter of the Borough Code sections, except to the
extent that different types of violations of the Code section may
carry different civil penalties. For each Code section listed in the
schedule of civil penalties, the entirety of the section may be enforced
by the mechanism provided in this section, regardless of whether all
activities prescribed or required are described in the "Description
of Violation" column. To determine whether a particular activity is
prescribed or required by this Code, the relevant Borough Code section(s)
shall be examined.
|
Description of Violation
|
Civil Penalty
|
|---|---|
|
Failure to register abandoned real property on a semiannual
basis and/or any violation of the sections stated within
|
$500
|
