[HISTORY: Adopted by the Borough Council of the Borough of
Charleroi 9-14-2022 by Ord. No. 1037. Amendments noted where applicable.]
A.
It is the purpose and intent of the Council of the Borough of Charleroi
to establish a process to address the deterioration, crime and decline
in value of Borough of Charleroi neighborhoods caused by foreclosed
property located within the Borough of Charleroi, and to identify,
regulate, limit and reduce the number of these properties located
within the Borough of Charleroi. It is the Council of the Borough
of Charleroi's further intent to establish a registration requirement
as a mechanism to protect neighborhoods from the negative impact and
conditions that occur as a result of vacancy, absentee ownership and
lack of adequate maintenance and security and to provide a method
to expeditiously identify contact persons for each property responsible
for this protection.
B.
It is not the intent of this chapter to determine the rights and
liabilities of persons under agreements to which the Borough of Charleroi
is not a party. This chapter shall not be construed to alter the terms
of any lease or other agreement between a landlord and a tenant or
others relating to property that is the subject of this chapter, provided
that no provision of any lease or other agreement shall be construed
to excuse compliance with this chapter. Additionally, a violation
of this chapter shall not in and of itself create a negligence per
se standard or otherwise expand existing liability in tort for either
a landlord or a tenant.
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.
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 Borough of Charleroi's
adopted International Property Maintenance Code and Borough of Charleroi
Ordinances.
The mortgagor has not complied with the terms of the mortgage
on the property, or the promissory note, or other evidence of the
debt referred to in the mortgage.
Any law enforcement officer, Building Official, Zoning Inspector,
Code Enforcement Officer, Fire Inspector or Building Inspector, or
other person authorized by the Borough of Charleroi to enforce the
applicable code(s).
Any real property located in the Borough, whether vacant
or occupied that is in default on a mortgage, has had a lis pendens
filed against it by the mortgagee, is subject to an application for
a tax deed or pending tax assessors lien sale, or has been transferred
to the mortgagee under 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 has been
cured.
The legal process by which a mortgagee, or other lienholder,
terminates a property owner's equitable right of redemption to
obtain legal and equitable title to the real property pledged as security
for a debt or the real property subject to the lien. This definition
shall include, but is not limited to, public notice of default, a
deed in lieu of foreclosure, sale to the mortgagee or lienholder,
certificate of title and all other processes, activities and actions,
by whatever name, associated with the described process. The process
is not concluded until the property obtained by the mortgagee, lienholder,
or their designee, by certificate of title, or any other means, is
sold to a nonrelated bona fide purchaser in an arm's-length transaction
to satisfy the debt or lien.
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, excluding governmental agencies.
Any person, firm, corporation or other legal entity who,
individually or jointly or severally with others, holds the legal
or beneficial title to any building, facilities, equipment or premises
subject to the provisions of this chapter.
Any improved residential and/or commercial land, buildings,
leasehold improvements and anything affixed to the land, or portion
thereof identified by a property parcel identification number, located
in the Borough of Charleroi limits. Developed lots are considered
improved land.
Any real property located in the Borough of Charleroi, 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 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 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 of Charleroi, or its designee,
and every subsequent six months. The date of the initial registration
may be different than the date of the first action that required registration.
Any parcel of land in the Borough of Charleroi that is not
legally occupied.
These sections shall be considered cumulative and not superseding
or subject to any other law or provision for same, but rather be an
additional remedy available to the Borough of Charleroi above and
beyond any other state or Borough of Charleroi provisions for same.
The Borough of Charleroi, or its designee, shall establish a
registry cataloging each registrable property within the Borough of
Charleroi, containing the information required by this chapter.
A.
Any mortgagee who holds a mortgage on registrable property located
within the Borough of Charleroi 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 its designee, on forms or
other manner as directed, 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.
Registration pursuant to this section shall contain the name, direct
mailing address, a direct contact name, telephone number, and e-mail
address for the mortgagee/trustee, and the mortgage servicer, and
the name and twenty-four-hour contact phone number of the local property
management company responsible for the security and maintenance of
the property who has the authority to make decisions concerning the
abatement of nuisance conditions at the property, as well as any expenditure
in connection therewith.
C.
Mortgagees who have existing registrable property on the effective
date of this chapter have 30 calendar days from the effective date
to register the property with the Code Enforcement Department, or
its designee, on forms or other manner as directed, and indicate whether
the property is vacant or occupied. A separate registration is required
for each property, whether it is vacant or occupied.
D.
Any previous unpaid registration fees are the responsibility of the
new mortgagee or trustee and are due and payable with their initial
registration; except if it is determined that the transferee is exempt
from paying fees, then the previous mortgagee will not be released
from the responsibility of paying all previous unpaid fees and fines,
regardless of who the mortgagee was at the time when registration
was required, including but not limited to unregistered periods during
the foreclosure process. The provisions of this section are cumulative
with and in addition to other available remedies.
E.
If the servicing rights for a mortgage on a registrable property
are sold or transferred, the registration must be updated to include
all the new servicer information within 10 days of the servicing transfer.
F.
Any previous unpaid registration fees are the responsibility of the
new registrable property owner and are due and payable with their
initial registration; except if it is determined that the transferee
is exempt from paying fees, then the previous mortgagee will not be
released from the responsibility of paying all previous unpaid fees
and fines, regardless of who the mortgagee was at the time when registration
was required, including but not limited to unregistered periods during
the foreclosure process. The provisions of this section are cumulative
with and in addition to other available remedies.
G.
As long as the property is registrable, it shall be inspected by
the mortgagee, or designee, monthly. If an inspection shows a change
in the property's occupancy status, the mortgagee shall, within
10 days of that inspection, update the occupancy status of the property
registration.
H.
A nonrefundable semiannual registration fee of $300 shall accompany
each registration pursuant to this section.
I.
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 semi-annual 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.
J.
All registration fees must be paid directly from the mortgagee, trustee,
servicer, or owner. Third-party registration fees are not allowed
without the consent of the Borough of Charleroi and/or its authorized
designee.
K.
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 are registrable.
L.
Until the mortgage or lien on the property in question is satisfied,
or legally discharged, the desire to no longer pursue foreclosure,
the filing of a dismissal of lis pendens and/or summary of final judgment
and/or certificate of title, voluntary or otherwise, does not exempt
any mortgagee holding the foreclosure mortgage from all the requirements
of this chapter as long as the property remains registrable.
M.
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.
N.
Failure of the mortgagee to properly register or to modify the registration
information within 10 days of the action requiring the update to reflect
a change of circumstances as required by this chapter is a violation
of the article and shall be subject to enforcement and any resulting
monetary penalties and/or property liens.
O.
Pursuant to any administrative or judicial finding and determination
that any property is in violation of this chapter, the Borough of
Charleroi may take the necessary action to ensure 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.
P.
Mortgagees, shall maintain real property subject to this chapter
in accordance with the applicable code(s) of the Borough of Charleroi.
Q.
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. The mortgagee and/or owner is expected to update
the status of the property in the event of a mortgagee-managed rental.
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.
It is the intention of the Council of the Borough of Charleroi
that the provisions of this chapter shall become and be made a part
of the Borough of Charleroi Code of Ordinances; and that the sections
of this chapter may be renumbered or relettered to accomplish such
intention, and the word "ordinance" may be changed to "section," "article,"
or such other appropriate word or phrase in order to accomplish such
intentions.
Mortgagees who shall fail to comply with the provisions of this
chapter shall be guilty of a summary offense, and, upon conviction
thereof before the District Judge in the Borough of Charleroi, shall
be fined not less than $500 for each offense.
This chapter shall take affect according to local and state
requirements.
