The purpose of this chapter requiring registration of all vacant
nonresidential buildings is to assist the Township, and in particular
the Code Enforcement Department, in protecting the public health,
safety and welfare by monitoring the number of vacant nonresidential
buildings in the Township, to assess the effects of the condition
of those buildings on nearby businesses and on the neighborhoods in
which they are located, particularly in light of fire safety hazards
and to promote substantial efforts to rehabilitate, rent or sell such
vacant buildings. The provisions of this chapter are applicable to
the owners of such vacant buildings as set forth herein and are in
addition to and not in lieu of any and all other applicable provisions
of the Township of Abington Code.
As used in this chapter, the following terms shall have the
meaning indicated, unless a different meaning clearly appears from
the context:
BOARDED
A building or structure, if in place of one or more exterior
doors, other than a storm door, or of one or more windows, there is
a sheet or sheets of plywood or similar material covering the space
for such door or window.
EXTERIOR AND MAJOR SYSTEMS MAINTENANCE
The safe and lawful maintenance of the facade, windows, doors,
roof and all other parts of the exterior of the building and the maintenance
of its major systems consisting of the roof, the electrical and plumbing
systems, the water supply system, the sewer system, and the sidewalk,
driveway, if any, and/or area of the lot, as applicable, in a manner
consistent with the requirements of the codes of the Township of Abington,
including, without limitation, the 1996 BOCA Property Maintenance
Code.
OCCUPIED
As applied to a building or structure subject to the provisions
of this chapter, 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 basis, or any combination
of the same. For purposes of this chapter, evidence offered to prove
that a building is so occupied may include, but shall not be limited
to, the regular receipt of delivery of regular mail through the U.S.
Postal Service; proof of continual telephone, electric, gas, heating,
water and sewer services; a valid Township of Abington business license,
or the most recent federal, state or Township of Abington income tax
statements indicating that the subject property is the official business
or residence address of the person or business claiming occupancy.
OPEN
A building, structure or dwelling unit subject to the provisions
of this chapter that has one or more exterior doors, other than a
storm door, broken or open, or that lack properly functioning locks
to secure them; and/or a building, structure or dwelling unit subject
to the provisions of this chapter that has one or more broken windows,
or one or more windows that are not able to be locked and secured
from intrusion, or any combination of the foregoing.
OWNER
Any person, agent, operator, firm or corporation having legal
or equitable interest in the property; or recorded in the official
records of the County of Montgomery or the Township of Abington 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.
VACANT
A building or structure subject to the provisions of this
chapter in which no person or persons actually, currently conducts
a lawfully licensed business, or lawfully resides or lives in any
part of the building as the legal or equitable owner(s) or tenant-occupant(s)
or owner-occupant(s), or tenant(s) on a permanent nontransient basis.
For purposes of this chapter, properties or buildings that can accommodate
more than one use shall not be considered vacant if 60% or more of
the available square footage of the building is occupied.
The requirements of this chapter shall be applicable to the
owner of any nonresidential building that has been vacant for more
than 45 consecutive days. Each such owner shall cause to be filed
a registration statement as outlined herein.
Upon notification from the Code Enforcement Department that a property is vacant and requires registration, the owner shall have the right to appeal the imposition of the registration fees to the Board of Commissioners, upon filing an application in writing accompanied by a nonrefundable filing fee of $50 to the Code Enforcement Department no later than 30 calendar days from the date of the notice. On appeal, the owner shall bear the burden of providing satisfactory objective proof that the property is occupied, per the definition of the term "occupied" set forth in §
126-2.
After the owner is given notice that the registration fee(s) referenced in §
126-4 above is due, and the owner fails to pay the amount due, said amount shall constitute a debt due and owing to the Township, and the Township may file a municipal lien against the property as provided for by law, as well as take all other available legal action in order to collect such debt.
If the status of the registration information changes during
the course of any calendar year, it is the responsibility of the owner,
or the responsible person or agent of the owner, to contact the Code
Enforcement Department within 30 days of the change and advise the
department in writing of those changes.
This section shall not apply to any building owned by the United
States, the commonwealth, the Township, nor any of their respective
agencies or political subdivisions.
The failure or refusal for any reason of any owner, or agent
of an owner acting on behalf of the owner, to register a vacant building
or to pay the registration fee(s) required in this chapter, or to
otherwise fail to comply with the provisions of this chapter, shall
constitute a summary offense punishable upon conviction thereof by
a fine of not less than $100 nor more than $500 for each failure or
refusal to register, or for each failure or refusal to pay a required
vacant building fee, as applicable. This penalty shall be in addition
to the registration fee of $500.
All prior ordinances or parts of prior ordinances which are
inconsistent with this chapter are hereby repealed to the extent of
such inconsistency.
In the event that any section, sentence, clause or word of this
chapter shall be declared illegal, invalid or unconstitutional by
any court of competent jurisdiction, such declaration shall not prevent,
preclude or otherwise foreclose the validity of the remaining portions
of this chapter.