[Adopted 9-6-2016 by Ord.
No. 16-02]
A certain document, three copies of which are on file in the Office of the Borough of Tarentum, being marked and designated as the International Property Maintenance Code, 2015 edition and all subsequent editions, as published by the International Code Council, be and is hereby adopted as the Property Maintenance Code of the Borough of Tarentum in the Commonwealth of Pennsylvania for regulating and governing the conditions and maintenance of all property, buildings and structures; by providing the standards for supplied utilities and facilities and other physical things and conditions essential to ensure that structures are safe, sanitary and fit for occupation and use; and providing for the condemnation of building and structures unfit for human occupancy and use, and the demolition of such existing structures as herein provided; providing for the issuance of permits and collection of fees therefor; and each and all of the regulations, provisions, penalties, conditions and terms of said Property Maintenance Code on file in the Office of the Borough of Tarentum are hereby referred to, adopted and made a part hereof, as if fully set out in this chapter, with the additions, insertions, deletions and changes, if any, prescribed in §
190-2 of this chapter.
The following sections are hereby revised and added:
A. Section 101.1. Insert "Borough of Tarentum" in place of "(name of
jurisdiction)."
B. Section 103.5. Adopted from time-to-time by resolution.
C. Section 112.4. Insert: "$100" and "$600."
D. Section 302.4. Insert: "six inches."
E. Section 304.14. Insert: "March 1" and "December 15."
F. Section 602.3. Insert: . . . "shall supply heat year round" to maintain
a temperature. . .
G. Section 602.4. Insert: occupiable workspaces from "November 1" to
"April 1."
H. Chapter 9 is added:
Chapter 9 - Penalties
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Any person violating this chapter shall be subject to a fine
of no more than $600 and no less than $100 and imprisonment of no
more than 30 days and court costs.
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Each day of violation shall be subject to fines and penalties,
consecutively; for each day shall constitute a separate offense.
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As an additional remedy, and not in limitation of any other
remedy available to the Borough, the Ordinance Enforcement Officer
may issue a clean-up ticket to an owner or occupant of property being
maintained in violation of this article, as follows:
A. For owners or occupants who are, at the time of violation, already
in noncompliance with a notice to maintain previously issued pursuant
to this section, a clean-up ticket may be issued immediately upon
observation of violation by the Ordinance Enforcement Officer.
B. For all other owners or occupants, a clean-up ticket may be issued
only when the owner or occupant has failed for a period of at least
five days to comply with a notice issued pursuant to this section.
C. The clean-up ticket may be mailed or handed to the owner or occupant
of the premises, or may be posted upon the premises upon which the
violation occurred, by the Ordinance Enforcement Officer, who shall
keep a record of the issuance of the clean-up ticket. The clean-up
ticket will specify the amount that must be paid to the Borough and
the deadline for payment in order to avoid the issuance of a citation.
If the owner or occupant to whom the ticket has been issued fails
to pay the amount specified within the specified deadline, or indicates
a desire to plead not guilty and the Ordinance Enforcement Officer
desires to proceed with the case, then the Ordinance Enforcement Officer
may file a citation with the proper authority. If the defendant pays
the amount specified on the clean-up ticket and comes into compliance
with the ordinance as directed on the clean-up ticket, the case will
be concluded without filing a citation or other institution of a criminal
proceeding.
D. The Ordinance Enforcement Officer is directed to prepare a standard
form clean-up ticket to be used in accordance with this article.
[Adopted 7-7-2018 by Ord.
No. 18-03]
This article shall be known and cited as the "Vacant Property
Ordinance."
This article shall be applicable to all abandoned real property
and every vacant building or structure located within the geographical
confines of the Tarentum Borough, Allegheny County, Pennsylvania,
that has been vacant for more than 30 consecutive days and to each
owner, interest holder, or local agent of any such abandoned real
property or vacant building or structure, without regard to whether
such owner, interest holder, or local agent is a public, private,
governmental, commercial, industrial, residential, institutional,
nonprofit, or for-profit person.
Unless specifically defined below, words or phrases used in
this article shall be interpreted so as to give them the meaning they
have in common usage and to give this article its most reasonable
application. Where terms are not defined, such terms shall have ordinarily
accepted meanings such as the context implies.
ABANDONED
Deserted or discarded for more than 180 days.
ABANDONED REAL PROPERTY
Any real property, including but not limited to one or more
buildings or structures, without respect to occupancy or vacancy,
that is subject to a mortgage and is either: (i) in default of a mortgage
for which a mortgagee has obtained a judgment in foreclosure; (ii)
in default of a mortgage and subject to an application or proceeds
for a tax deed or pending tax claim bureau or tax assessor sale for
unpaid property taxes; (iii) in default of a mortgage and subject
to an application or proceedings for a sheriff sale for unpaid claims,
debts, or obligations; or (iv) in default of a mortgage and has been
transferred to a mortgagee by deed in lieu of foreclosure, or any
similar document. The designation of real property as "abandoned real
property" shall continue and remain in place until such time as the
real property is sold or transferred to a new owner, the foreclosure
action is dismissed, or any default on the mortgage has been cured.
CELLAR
A room typically used for storage that is located in the
basement of a building and is not used for commercial, industrial,
or residential purposes.
COMMERCIAL BUILDING
A building that is used, or partially used, for commercial
business activities including, but not limited to, stores, offices,
schools, churches, gymnasiums, libraries, museums, hospitals, clinics,
warehouses, and jails.
DISCARDED
Cast aside as useless or undesirable.
GARBAGE
The animal or vegetable waste resulting from the handling,
preparation, cooking and the consumption of food.
GOOD FAITH EFFORT
Includes contracts with realtors, newspaper ads, window signs,
or other methods provided that the effort is actually likely to generate
interest in the property and the owner is actually willing to rent,
sell or lease.
GROUND FLOOR
Any occupied floor of a building with direct access to grade,
that is located less than one story above, or less than one story
below grade, provided that no portion of a floor that constitutes
a cellar as defined in this article shall constitute a "ground floor."
HABITABLE
Livable; with reference to this article, a structure with
a hard roof and sides that is equipped with heat, electricity, water
service, sewage service and functional plumbing, and is capable of
being lived in without undue risk to human health and safety.
INDUSTRIAL BUILDING
Property or design for, or used by, companies or persons
for manufacturing, warehousing or assemblage of components.
NOTICE
Written notice of a violation, pursuant to first class mail,
to the last known address of the owner of the property in question.
OCCUPIED
Any building or structure where one or more persons actually
conducts a lawful business or resides in all or any part of the building
as the licensed business occupant, or as the legal or equitable owner/occupant(s)
or tenant(s) on a permanent, nontransient business, or any combination
of the same.
OWNER
Any person (i) having a legal or equitable interest in a
property; (ii) having a legal interest in a property recorded in the
official records of the state, county or municipality as holding title
to the property; or (iii) otherwise having control of the property
including the guardian of the estate of any such person, and the executor
or administrator of the estate of such person if ordered to take possession
of real property by a court.
PERSON
An individual, corporation, partnership, financial institution,
bank, credit union, savings and loan company, investment firm, government
agency, government authority, municipal corporation or any other group
acting as a unit.
PROPERTY
Any portion of unimproved or improved real estate located
within the Tarentum Borough which includes the buildings or structures
located on it regardless of condition.
PUBLIC NUISANCE
A.
Any building, structure, or property, which, because of physical
condition, use or occupancy, is considered to be an attractive nuisance
to minors or uninvited persons.
B.
Any building or structure which because it is dilapidated, unsanitary,
unsafe, insect- or vermin-infested or lacking in the facilities and
equipment required by the Ordinances of Tarentum Borough and has been
designated by the City as a public nuisance.
C.
Any structure which is a fire hazard, a structural hazard, or
is otherwise dangerous to the safety of any persons or any property.
D.
Any building or structure, which lacks, or has rendered inoperable,
fire protection systems as required by the applicable codes and ordinances.
E.
Any structure, from which water, plumbing, heating, sewage or
other facilities have been disconnected, destroyed, removed or rendered
ineffective, so that the property creates a hazard to neighboring
properties.
F.
Any building or structure, which, for reason of neglect or lack
of maintenance has become a place for the accumulation of refuse,
a haven for insects, rodents, and other vermin.
G.
Any building or structure which as a result of its dilapidated,
unsanitary, unsafe, insect- or vermin-infested condition creates damage
or a risk of damage to a neighboring property.
REFUSE
Materials that are abandoned, discarded, or destined for
recycling. The term includes rubbish, garbage, scrap metal, tires,
appliances, vehicles, general trash, construction/demo debris, etc.
RUBBISH
Combustible and noncombustible waste materials, except garbage.
The term shall include the residue from the burning of wood, coal
coke, and other combustible materials, paper, rags, cartons, boxes,
wood, excelsior, rubber, leather, tree branches, yard trimmings, tin
cans, metals, mineral matter, glass, crockery and dust, construction/demo
debris and other similar materials.
STOREFRONT
Any facade located on the ground floor of a commercial building
having one or more storefront windows.
STOREFRONT WINDOW
Any window of any commercial building that permits an unobstructed
public view into the interior of the building from any immediately
adjacent street, sidewalk or right-of-way.
STRUCTURES
Constructed objects. For purposes of this article, the term
includes but is not limited to, buildings, sheds, garages, swimming
pools and recreational facilities.
VACANT
A building or structure, or portion thereof, shall be deemed
to be vacant if no person or persons currently conducts a lawfully
licensed business there, or lawfully resides in or lives in any part
of the building as the legal or equitable owner(s) or tenant occupant(s)
or owner-occupants or tenant(s), on a permanent nontransient basis.
VACANT BUILDING
A property or structure, or portion thereof, that is unoccupied
for more than 60 days or has been the subject of (i) a mortgage foreclosure
action or notice; (ii) a bankruptcy sale or notice; (iii) a delinquent
tax sale or notice; or (iv) a mortgage foreclosure action where the
title to the property has been retained by the beneficiary of a deed
or trust involved in the foreclosure or transferred under a deed in
lieu of foreclosure/sale.
VACANT STOREFRONT
A storefront shall be deemed vacant if no person or persons
currently conducts a lawfully licensed business there.
WINDOW
An opening in a building that has a glass casement for permitting
natural light into a building.
WINDOW DISPLAY
A visual representation of information or graphics for viewing
by the public in a window.
WINDOW SIGN
A sign that is painted on, applied, attached to a window,
or that is located within the interior of a structure and that is
plainly visible and is erected, constructed or maintained for the
primary purpose of being viewed from the exterior of that structure.
The registration fee shall be established by the Council of Tarentum Borough. Subsequent modifications to the fee structure shall be established by resolution of Council. The fee structure is based on the number of years the building, storefront, or portion thereof, has been vacant under its current ownership. See §
190-24 for the initial registration fee schedule.
A waiver may be granted for the current year if either:
A. The following conditions are met:
(1) All local municipal fees are paid in full; and
(2) A good faith effort is shown to rent, sell, or lease the space; and
(3) Pricing is consistent with other similar buildings; and
(4) The building is in compliance with all Tarentum Borough codes and
ordinances; and
(5) The building is habitable.
B. Other good cause as determined by a majority vote of Council.
If the status of the registration information changes during
the course of any calendar year, it is the responsibility of the new
owner, their representative, or agent for the same to notify Tarentum
Borough in writing within 30 days of the occurrence of such change.
An inspection must be completed within 30 days of the initial
registration. In addition, an annual inspection of a registered vacant
building shall be performed by Tarentum Borough to determine if it
complies with the minimum requirements of the applicable Property
Maintenance Code, Building Code and/or Fire Prevention Code. If violations
of these codes are identified, Tarentum Borough shall issue a notice
of violation per the requirements of all applicable codes and give
notice to the owner to comply with the codes with a time to cure.
If the violations are not corrected within the time given, the property
may be declared a public nuisance. These annual inspections must occur
within 60 days of the anniversary date of the initial registration
date. Inspection costs will be determined by the Tarentum Borough.
If the owner or their representative cannot be available at
the proposed time, said owner or representative shall provide no less
than twenty-four-hour written notice to Tarentum Borough. Upon failure
to give such written notice, or upon failure to gain entry, an administrative
fee of $100 will be assessed against the owner, or representative
of the owner. For each rescheduling beyond the second rescheduling,
an administrative fee of $150 shall be assessed in all cases. Failure
to pay administrative fees shall, at the discretion of Tarentum Borough,
constitute a violation of this or the applicable code including, but
not limited to, the Tarentum Borough Property Maintenance Code. Failure
of an owner, or his/her responsible agent, to appear for a scheduled
inspection shall be considered probable cause for obtaining a search
warrant to inspect the premises.
Nothing in this article shall preclude Tarentum Borough from
performing an inspection upon receipt of a complaint or violation
of the Ordinances of Tarentum Borough existing at the building or
structure. Said inspections shall be in accord with the applicable
codes and ordinances and regulations and policies established by Tarentum
Borough.
Responsibility for compliance with this section include any
person owning, leasing, maintaining, or otherwise in possession or
control of any vacant storefront located within Tarentum Borough,
or any owner of the property upon which the vacant storefront is located.
The vacant storefront of a commercial building located in Tarentum
Borough shall be maintained in good condition, kept neat, clean, secure,
free of graffiti, and lighted.
In order to improve the appearance of vacant storefronts and
improve overall security, any vacant storefront that is located within
Tarentum Borough shall, not more than 60 business days after the date
on which the ground floor premises first becomes vacant, contain a
window display, or other form of decorative screen, in each of the
storefront windows. A variety of window displays are acceptable provided
they have a professional appearance, achieve a desired coverage of
60% to 100%, and are not offensive to the general public. Tarentum
Borough shall approve all window displays.
Handwritten signs are not permitted. Professionally made window
signs and real estate signs are permitted provided they meet the requirements
of the Tarentum Borough Zoning Ordinances. Not more than three square
feet of informational signage such as real estate signs or contact
information may be placed in a vacant ground floor window. Larger
professional signs that function as the window display are permitted.
If any section, subsection, sentence, or clause of this article
is held, for any reason, to be invalid, such decision or decisions
shall not affect the validity of the remaining portions of this article.
The registration fee is set forth as follows:
Vacant Property Registration Fee Schedule
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Less than one year
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$150
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1 year vacant
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$300
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2 years vacant
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$500
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3-4 years vacant
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$1,000
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5-9 years vacant
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$2,500
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10 years vacant
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$5,000
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