[Adopted 8-25-2008 by Ord. No. 1307-2008; amended in its
entirety 11-14-2011 by Ord. No. 1366-2011]
A.Â
The problem of vacant and abandoned housing units and commercial
and other properties is a barrier to reducing crime, encouraging private
investment, and enhancing well-being of neighborhoods. It is the responsibility
of the property owners to prevent buildings from becoming a burden
to the neighborhood and community and a threat to the public health,
safety, and welfare. A neglected building or lot that is not well
maintained and managed can be the core and source of spreading blight.
B.Â
The purpose of this article is to return properties to productive
use by establishing a procedure for identifying and registering vacant
buildings which violate City Codes or state law and/or have such other
identified characteristics as to constitute a nuisance (blighted buildings
or structures).
Vacant premises as further defined herein shall constitute a
public nuisance.
Unless otherwise expressly stated, the following words, whenever
used in this article, shall be construed to have the meaning indicated
herein:
Some or all of the building's doors or windows have been
covered with plywood, wood or metal sheeting, paneling or other similar
materials, for the purpose of preventing entry into the building or
damage by persons, animals or the elements of weather.
Any structure used or intended for supporting or sheltering
any use or occupancy.
Material which is incapable of immediately performing the
function for which it was designed, including, but not limited to,
abandoned, discarded, or unused objects, junk comprised of equipment
and such vehicles, trucks, boats, trailers and carts that are unregistered
and missing parts, not complete in appearance, and in obvious state
of disrepair, parts of vehicles, furniture, appliances, cans, scrap
metal, building supplies, tires, batteries, containers, barrels, and
garbage in the public view.
The condition or appearance of a building characterized by
holes, breaks, rot, crumbling, cracking, peeling, rusting or other
evidence of physical decay or neglect, excessive use or lack of maintenance.
Having structural damage or decayed or rotten beyond repair.
Any duly authorized City of Coatesville employee of the Codes
Department.
Any person, agent, operator, entity having a legal or equitable
interest in the property; or recorded in the official records of the
state, county, or municipality as holding title to the property; or
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.
A lot, plot or parcel of land including any structure thereon.
A building or portion thereof which is no longer used or
occupied for its lawful purpose, including buildings ordered vacated
by the Enforcement Officer.
A building or portion of a building which is open to entry
by unauthorized persons without the use of tools or ladders.
A parcel of land with no structures.
Residential, commercial and industrial buildings and vacant
lots which are:
Unoccupied for a period of time over 180 days; or
Unoccupied for a period of 60 days and abandoned (as established
by the Enforcement Officer's determination that the building lacks
utility services, or has multiple City Code, property maintenance
or other violations, or is subject to a foreclosure action or tax
sale and/or there is a determination by the Chief of Police that the
property is attracting illegal activity).
A.Â
Immediately after the effective date of this article, the Director (Codes Department) shall evaluate all buildings in the City believed to be unoccupied on the effective date of this article and shall make a determination for each as to whether the building is a "vacant premises" within the meaning of § 82-19. The determination shall be in writing and shall state the factual basis for the determination. The Director (Codes Department) shall, within 10 days of determining that a building is a "vacant premises," send notice of his written determination with the factual findings to the last owner of record listed on the most recent Chester County tax roll. Said notice of determination shall be sent to the owner or designated agent by certified mail, return receipt requested. However, if the address of the owner or designated agent is unknown and cannot be ascertained by the Codes Department in the exercise of reasonable diligence, copies of the notice shall be posted in a conspicuous place on the property affected. Any appeals from the determination of the Codes Department shall be made within 10 days before the International Property Maintenance Code Appeals Board as set forth in Section 111.1 of Chapter 180 of the City Code upon the deposit of an appropriate fee. In the absence of such an appeal, the determination of the Codes Department shall be final.
B.Â
The written notice sent to the owner or the owner's agent shall describe
the conditions that render the property vacant, and shall demand registration
within 15 days of the receipt of such notice. The City may also post
notices on the City's website to provide additional notice to the
public.
A.Â
The owner or operator of vacant premises shall register with the
Codes Department no later than 15 days after being notified by an
Enforcement Officer of the requirement to register.
B.Â
The registration will be submitted on a form provided by the Codes
Department and will include the following information:
(1)Â
A description of the premises, e.g., square footage, number of stories,
age of the building, and most recent or current use of the building.
(2)Â
The names, addresses, and telephone numbers of the owner or owners.
(3)Â
The names and addresses of all known lien holders and all other parties
with a legal or equitable ownership interest in the building.
(4)Â
The name of the resident agent designated to act on the behalf of
the owner to accept legal processes and notices and to authorize repairs
as required.
C.Â
Registration shall be required for all vacant premises. In the instance
of a vacant premises which is determined to be structurally secure
and to have a good roof, and which is properly boarded up in accordance
with the requirements of this article and the direction of the Codes
Department, the payment of the registration fee shall exonerate the
owner, agent or responsible party from responsibility for compliance
with any other building code or housing code requirements unless there
are violations relating to the property resulting from its deterioration
or dilapidated condition and for which the condition of being boarded
up does not provide a practical and safe solution as determined by
the Codes Department, circumstances which shall require affirmative
action to avoid action by the Codes Department for violations. The
owner of the vacant premises as of December 1 of each calendar year
shall be responsible for the annual payment of a nonrefundable registration
fee, which shall be set by resolution of the City Council of the City
of Coatesville. Said registration fee shall be billed by the City
on or after January 1 of each year on a calendar-year basis.
[Amended 12-13-2021 by Ord. No. 1548-2021]
D.Â
If vacant premises are owned by the City of Coatesville or its instrumentalities, it shall be subject to the registration requirements of this section and the maintenance requirements in Chapter 180, but shall not be subject to the fee requirements under this article.
E.Â
Any new owner shall register or reregister the vacant premises with
the Codes Department upon transfer of an ownership interest in the
vacant premises, and the new owner shall get credit for that portion
of the year for which a registration fee has already been paid by
the prior owner.
It is the policy of the City of Coatesville that boarding is
a temporary solution to prevent unauthorized entry into vacant boarded
buildings. A vacant building may not remain boarded longer than two
years unless an extension of that time is approved by the Codes Department,
which such extension shall not be unreasonably withheld. If at any
time the property becomes in a deteriorated or dilapidated condition,
regardless of whether or not it is boarded up, the Codes Department
shall take such action as it deems necessary, including removing the
property from the Vacant Property List, revoking any privileges granted
to such properties, and pursuing any and all remedies available at
law or in equity to protect the public and enforce the laws and regulations
of the City and the Commonwealth.
A building which has suffered fire damage or damage caused by
extreme weather conditions will be exempt from the registration requirements
of this article for a period of 90 days after the date of the fire
or the extreme weather event, if the property owner submits a request
for exemption in writing to the Codes Department. All boarding of
vacant premises will be performed in accordance with the requirements
in the 2009 International Property Maintenance Code, Appendix A, Boarding
Standards, or current edition.
The failure of the owner of vacant premises to register and pay all required fees under § 82-21 after receipt of a mailing of a delinquency shall, upon conviction thereof, be punished by a fine not to exceed $1,000, or imprisonment for not more than 90 days, or both. Each day of violation will be deemed to constitute a separate offense.
After the owner is given notice of the registration fee due,
said amount shall constitute a debt due and owing to the City of Coatesville.
An unpaid fee shall be a lien upon the premises. All delinquent fees
will be paid by the owner prior to any transfer of an ownership interest
in any vacant premises.
Once a year, the Codes Department will send to the City Council
and to the City Manager a list of all buildings in the City of Coatesville
declared vacant under the provisions of this article, as well as a
list of all previously declared vacant buildings which are no longer
subject to the provisions of this article.
The City shall have authority to appoint an Advisory Committee
which such Advisory Committee shall consist of no more than five adult
residents of the City determined to be capable of assisting the City
and appointed on an annual basis by the City Council. The Advisory
Committee if created by the City Council shall be charged with assisting
the City in identifying properties in the City that may qualify as
vacant premises as defined by this article. The Advisory Committee,
if established, shall have no ability to enter onto private property
and shall have no direct involvement with Code Enforcement, but shall
act in an advisory capacity only and shall be permitted to prepare
a report of its activities and to report to City Council as it deems
appropriate on an annual or semiannual basis, but no more than four
times a year.
