[HISTORY: Adopted by the Borough Council of the Borough of
Dravosburg 10-19-2010 by Ord. No. 2010-05. Amendments noted
where applicable.]
The Council of the Borough of Dravosburg finds as follows:
A.
When the owner of a vacant building fails to actively maintain and
manage the building, the building can become a major cause of blight
in both residential and nonresidential neighborhoods. Vacant buildings
that are boarded, substandard or unkempt properties, and long-term
vacancies discourage economic development and retard appreciation
of property values.
B.
It is the responsibility of property owner to prevent owned property
from becoming a burden to the neighborhood and community and a threat
to the public health, safety or welfare.
C.
One vacant property that is not actively and well maintained and
managed can be the core and cause of spreading blight.
D.
Owners of multiple buildings, either concurrently or serially, that
are vacant and a blight to the community are a significant problem
in the Borough. Owners of multiple buildings who fail to correct deficiencies
and blight conditions contribute to the decline of neighborhoods to
a greater extent than owners who own only one building. Some owners
have acquired multiple vacant and blighted buildings at depressed
prices and have not improved or cared for the properties. It is in
the interest of the welfare of neighborhoods that owners of multiple
properties who fail to maintain properties and correct vacant and
blighted buildings are subject to imposition of higher administrative
penalties in order to encourage these owners to correct violations
of this chapter in a prompt manner.
As used in this chapter, the following terms shall have the
meanings indicated:
The covering of all entry points, including all doors and
windows, with plywood or other materials for the purpose of preventing
entry into the building by persons or animals.
A building that is unoccupied, or occupied by unauthorized
persons, for any amount of time.
A.
Vacant buildings shall be boarded if the building can no longer be
secured against intrusion by the closing and locking of doors and
windows.
B.
Vacant buildings that are deemed either by the Code Enforcement Officer
or the Council of the Borough of Dravosburg to be immediately dangerous
and are open and accessible to the general public may be summarily
boarded by the Borough, pursuant to the provisions of this chapter,
any other applicable ordinances of the Borough of Dravosburg and/or
any other applicable provisions of the Borough Code.
No owner shall allow a building designed for human use or occupancy
to be a vacant building for more than 30 days, unless one of the following
applies:
A.
The building is the subject of an active building permit for repair
or rehabilitation and the owner is progressing diligently to complete
the repair or rehabilitation.
Active maintenance and monitoring shall include all of the following:
A.
Maintenance of landscaping and plant materials in good condition.
B.
Maintenance of the exterior of the building, including, but not limited
to, paint and finishes, in good condition.
C.
Regular removal of all exterior trash, debris and graffiti.
D.
Maintenance of the building in continuing compliance with all applicable
codes and regulations.
E.
Prevention of criminal activity on the premises, including, but not
limited to, the use and sale of controlled substances, prostitution
and criminal street gang activity.
F.
The posting of a notice in a conspicuous place on the front of the
building stating the name, address and telephone number of both the
owner and, if applicable, the owner's agent in control of the
building. This notice shall have lettering not less than two inches
high, and shall be generally readable from at least 30 feet away.
A.
Except as otherwise provided in Subsection C below, any owner of a building that is in violation of this chapter shall be subject to an administrative penalty in an amount not to exceed $1,000 per building, for the first violation.
B.
Except as otherwise provided in Subsection C below, a second administrative penalty shall be imposed upon an owner pursuant to this chapter if the owner's building remains in violation of this chapter for a period of more than 30 days following the imposition of the first administrative penalty. Additional penalties may be imposed each thirty-day period following the imposition of an administrative penalty under this chapter. Additional penalties may be imposed so long as the violations continue. A second and any subsequent penalty shall be in an amount not to exceed $5,000.
C.
If a previous administrative penalty has been imposed pursuant to
this chapter upon an owner within two years of the date of the imposition
of the present administrative penalty, and that previous administrative
penalty related to a vacant building other than the building presently
the subject of an administrative penalty, such owner shall be subject
to an administrative penalty in an amount not less than $2,000, nor
more than 10.
Any vacant building that also constitutes a public nuisance
as defined in provisions of other applicable Borough ordinances shall
be subject to monthly monitoring fees and enforcement response fees
to recover the Borough's regulatory costs to monitor and respond
to the vacant building. The separate monthly monitoring fee and enforcement
response fee shall be in the amount of $100 per month. The monitoring
fee shall be imposed upon the initial determination that the vacant
building constitutes a public nuisance as defined in other applicable
Borough ordinances. The fee shall thereafter be imposed in each thirty-day
period following the imposition of the initial monitoring fee. For
buildings requiring more than one involuntary Borough enforcement
response within any thirty-day period, an additional and separate
enforcement response fee shall be imposed, for each response, upon
the owner. Monitoring fees shall be imposed as long as the vacant
building remains a public nuisance as defined in those other applicable
Borough ordinances.
