As Bright Spot/Sore Spot series wraps up, officials still have plenty of work to do

Rodents, missing windows, unfinished sidewalks and high grass were key components of the 73 judicial sale homes in the city in 2009, said Shamokin Code Enforcer Barry Stoud.

According to Stoud, "hundreds" of privately owned homes were also in violation of city ordinances.

Though the numbers are staggering, Shamokin is not the only municipality dealing with blighted properties.

During the past 23 weeks, The News-Item's weekly feature "Bright Spot, Sore Spot" has identified dilapidated buildings in the area. Six each are located in Mount Carmel and Mount Carmel Township, 5 in Coal Township, 4 in Shamokin; and one each from Ralpho and Zerbe townships.

Some homes, like 35-37 W. Seventh St., Mount Carmel, have structural damage that ranges from holes in the roof to a crumbling foundation. Other homes, similar to the one at Third and Main streets, Locust Gap, are infested with animals.

Fighting the blight

When a home in Shamokin is in violation of code, Stoud said he will collect evidence - such as photographs - from the property and then send a certified letter to the owner ordering compliance with the city's ordinances. Stoud said a citation is filed if the violation is not fixed in a timely manner.

Stoud said code enforcers can cite the owner numerous times if they do not bring the property up to code. Such is the case at 712 Pine St., Shamokin, where the owner was cited 12 to 15 times, and 50 S. Walnut St., Mount Carmel, where the previous owner was issued "double-digit" citations over several years by Mount Carmel code enforcers.

Before a citation can be filed, the owner must be identified. Although Stoud said he has not had any major issues identifying owners, Mount Carmel Township Code Enforcer Brian Hollenbush has not been so fortunate.

"It can get really technical going back years and years trying to find people, especially when the previous owner has died," said Hollenbush. "Sometimes it (property) may go to the sisters, brothers, aunts or uncles."

Some owners featured in Bright Spot/Sore Spot live as far away as North Carolina and North Dakota.

Hollenbush, who also serves as the township's police chief, said once an owner is identified, he will either issue a citation under the ordinance of unsafe structure or charge them with a misdemeanor under the crimes code for public nuisance. Once a misdemeanor charge is filed, Hollenbush said the courts will decide if there should be penalties.

Hollenbush said there are dozens of properties in the township that are in dire need of repair.

"There's not enough time in the day, week or year," he said. "One guy can't do it alone."

Several homes featured as "sore spots" were also tax-delinquent and offered for sale at either the county's recent judicial or upset sales.

According to the Real Estate Tax Sale Law, if a property owner fails to pay real estate taxes, the amount of those taxes becomes a first lien against the property. If it is not satisfied, the bureau may offer the property at an upset sale.

If the property is not sold at that sale, the tax claim bureau becomes trustee of the property and may sell the property at a private or judicial sale.

Confusion of the law

Magisterial District Judge Hugh A. Jones - who served as county solicitor from January 2008 until September - said there is a gray area when it comes to who is responsible for a property not sold at a tax sale.

"It's not clearly spelled out in statute," said Jones. "That's why it's incumbent not to hold these properties long; to have them back on the tax books and to have people fix them up."

Current county solicitor Vincent V. Rovito Jr. said because there are conflicting court cases concerning who is responsible for properties not sold at a tax sale, he could not say who would be at fault if one were to violate a city ordinance.

Court ruling

In a 2002 court ruling, the state found Rose and Carl Sprock to no longer be the trustees of a property that had been offered, but not sold, at a Somerset County upset sale.

That overturned a ruling by the Court of Common Pleas of Somerset County that found the Sprocks guilty of summary violations of the Borough of Central City's Safe Property Maintenance Ordinance.

During the trial, the Sprocks attorney stipulated that the property was in violation of the ordinance, but said the Sprocks were not responsible.

The opinion by Senior Judge Doyle stated that, "At the time that the citations in this matter were issued, the Sprocks may have been the owners of record, but the subject property had been previously offered at an upset tax sale and title property had, therefore, passed to the bureau, as trustee."

'Monumental task'

Pat Yasenchak, former Northumberland County Tax Claims Bureau director, fired in November by the Northumberland County commissioners over what they said was mismanagement of the bureau, talked about the recent judicial sale in an interview shortly before her employment was terminated.

Yasenchak said the sale held by the county on Aug. 26 was the first of its kind since 2001. Yasenchak said the bureau was unable to hold it sooner because of the lack of manpower.

When Yasenchak took office in 2004, only two people were employed with the bureau. Although a third employee was hired before the sale, Yasenchak said the sale was pushed back at least once because of the volume of paperwork and the need to notify 240 property owners and lien holders.

Jones did not know why there had not been a sale in years, but said the task of holding a tax sale is "monumental." He said before a sale can take place, a title search must be done on all properties and every interested party must be served by the sheriff or by certified mail. He speculated the reason the county did not have a judicial sale for several years was because of the lack of manpower and cost.

Jones said the county spent between $50,000 and $60,000 to conduct the sale, while approximately $477,000 was collected from the sale of 128 properties.

"It should be done every year; there's no reason it shouldn't be done," said Jones. "That way we minimize the number of properties in the county repository."

After becoming county solicitor in 2008, Jones said there were several hundred properties in the repository of unsold property. He estimated that some properties may have been in the repository for multiple years.

According to section 616 of the Real Estate Tax Sale Law, a petition for a judicial sale must be filed within 12 months after the scheduled upset sale for a property not sold at upset or private sale.

Dealing with tax-sale properties

During the summer, Shamokin street workers mowed the grass at 38 tax-sale properties in the city, while community service mowed at an additional 35.

Stoud said each of the properties was found to have high grass, which needed to be cut at least three times.

"They're health hazards," said Stoud. "They all have some kind of violation."

Hollenbush said he has not had to deal with many tax-sale homes, but worries he will in the future.

Of the 165 properties offered for judicial sale in August, approximately 75 were located in Shamokin. Mount Carmel had about 40 and Coal Township 30.

Stoud said no citations have been filed against the county, since doing so would be considered "double jeopardy." Stoud explains that once a building is sold at a private sale or tax sale, the city receives a third of the money. Stoud said citing or suing the county would complicate the matter.

The 37 properties that did not sell at the judicial sale remain in the county's repository of unsold properties, with the bureau as trustee. They are now joined by an additional 173 properties that did not sell at the upset sale in September.

Sign up for Text Alerts

Sign up for e-mail newsletters