[HISTORY: Adopted by the Board of Commissioners of the Township
of Cheltenham 6-15-2016 by Ord.
No. 2330-16. Amendments noted where applicable.]
GENERAL REFERENCES
Property maintenance — See Ch. 215.
These regulations are adopted pursuant to authority granted
in the First Class Township Code, 53 P.S. §§ 56502.10,
56502.19, 56502.20, 56502.26, 56502.27 and 56502.52.
The purpose of this chapter is to:
A.
Assist the Township and, in particular, the Enforcement Officer,
in assuring the proper maintenance of vacant buildings for the purpose
of protecting the public health, safety and welfare;
B.
Monitor the number of vacant residential, commercial, industrial
and other nonresidential buildings in the Township and to assess the
effects of the condition of those buildings on nearby residences and
businesses and on the neighborhoods in which they are located, particularly
in light of fire safety hazards, visual blight and unlawful, temporary
occupancy by transients, including users and traffickers of illegal
drugs;
C.
Require the continued maintenance and upkeep of such vacant buildings;
and
D.
Require reasonable maintenance efforts and a good state of repair,
and promote rehabilitation, rental or sale of vacant residential,
commercial, industrial and other nonresidential buildings in the Township.
The provisions of this chapter are in addition to and not in lieu
of any other applicable provisions of the Cheltenham Township.
As used in this chapter, the following terms shall have the
meaning indicated, unless the context clearly indicates a different
meaning:
In order to be deemed a building undergoing an active renovation or rehabilitation, a building owner must have submitted to the Township Code Enforcement Department a written and signed renovation or rehabilitation plan and work schedule that will result in the building being able to be occupied when the renovation or rehabilitation is complete which includes, at a minimum, the nature and extent of the planned renovations or rehabilitation including specific improvements, the identity (name and address) of the contractor (if any) to be used, the amount of time planned for the renovations or rehabilitation and the good faith, estimated date of completion of the plan. If a building is occupied up until the start of an active renovation or rehabilitation pursuant to a building permit, the building is exempt from a vacant building registration fee for a period of 180 days from the issuance of the building permit, provided the property is logged in the vacant building database with the date of vacancy and all contact information is up-to-date with the Enforcement Officer. If a building was vacant prior to the start of such active renovation or rehabilitation, the owner may apply for a waiver of registration fees, pursuant to § 283-6D, for up to 180 days.
In order to be deemed a building actively marketed for sale or lease, the property must be currently listed on an electronic, publicly accessible list of properties for sale or lease, or be currently contractually listed for sale or lease with a licensed real estate broker at a marketable price, with a listing duration of at least six months and the owner shall provide the Township with the property's offer price, along with supporting evidence of the reasonableness of the offer price, such as appraisal, broker's price opinion, or three reasonable comparable properties that have sold within the last 12 months. If a building is occupied up to the start of active marketing for sale or lease, or at any point during the marketing of the property, the building is exempt from a vacant property registration fee for a period of 180 days from the original date of offering the property for sale or lease, provided the property is logged in the vacant property database with the date of vacancy and date of initial offering for sale or lease and all contact information is up-to-date with the Enforcement Officer. If a building was vacant prior to being actively marketed for sale or lease, the owner may apply for a waiver of registration fees, pursuant to § 283-6D, for up to 180 days.
A building subject to the provisions of this chapter where,
in place of one or more exterior doors, other than a storm door, or
of one or more windows, plywood or similar material is covering the
space for such door or window so that such door or window is temporarily
secured.
For the purposes of this chapter, any combination of materials
having a roof and enclosed within exterior walls or firewalls, built
to form a structure for the shelter of persons or property, excluding
accessory structures that are incidental to the principal structure
located on the same lot.
Any building official, zoning inspector, code enforcement
officer, health officer, fire inspector, building inspector, or other
person authorized by the Township to enforce applicable codes.
Any public nuisance known at common law or in equity jurisprudence
or as provided by the statutes or regulations of the Commonwealth
of Pennsylvania or the ordinances or regulations of Montgomery County
or Cheltenham Township.
Any attractive nuisance known at common law or in equity jurisprudence
or as provided by the statutes or regulations of the Commonwealth
of Pennsylvania or the ordinances or regulations of Montgomery County
or Cheltenham Township.
Conditions that are unsanitary, dangerous, or otherwise in violation
of this chapter.
A building subject to the provisions of this chapter where
one or more persons actually conducts a lawful business 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.
Every person, entity, service company, property manager or
real estate broker, who alone or severally with others:
Has legal or equitable title to any dwelling, dwelling unit,
building, structure, or parcel of land, vacant or otherwise, including
a mobile home park; or
Has care, charge or control of any dwelling, dwelling unit,
building, structure, or parcel of land, vacant or otherwise, including
a mobile home park, in any capacity, including but not limited to
agent, executor, executrix, administrator, administratrix, trustee
or guardian of the estate of the holder of legal title; or
A mortgagee in possession of such property; or
An agent, trustee or other person appointed by the courts and
vested with possession or control of any such property; or
An officer or trustee of the association of unit owners of a
condominium. Each such person is bound to comply with the provisions
of these minimum standards as if he were the owner. However, this
chapter shall not apply to a condominium association to the extent
that such association forecloses or initiates the foreclosure process
for unpaid assessments due or owing the association. Owner also means
every person who operates a rooming house; or
A trustee who holds, owns or controls mortgage loans for mortgage
backed securities transactions and has initiated the foreclosure process.
A lot, plot or parcel of land, including the buildings or
structures thereon, which is subject to the provisions of this chapter.
A building subject to the provisions of this chapter that
has a permanent door or window in each appropriate building opening
that is secured to deter vandalism and unauthorized entry, and has
all its door and window components, including frames, jambs, rails,
stiles, muntins, mullions, panels, sashes, lights and panes intact
and unbroken. A building may also be temporarily secured with boards
over windows, doors, or other openings in the building to prevent
unauthorized entry and protect from weather damage.
Any vacant or abandoned building subject to the provisions
of this chapter not continuously secured, maintained, locked or boarded
to deter vandalism and unauthorized entry or which fails to provide
protection from weather damage.
A building subject to the provisions of this chapter where
no person(s) or entity(ies) actually, currently conduct(s) a lawfully
licensed business in, or lawfully occupies 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. For the purposes
of this chapter, evidence of vacancy is considered any condition that
on its own, or combined with other conditions, would lead a reasonable
person to believe the property is vacant. Such conditions may include,
but not be limited to, lack of activity on the site; low or no utility
usage; accumulation of mail; lack of furniture, equipment or machinery;
lack of window coverings; open accessibility; deferred maintenance
or deteriorating buildings and structures; overgrown or dead vegetation;
dumped refuse or rubbish; public or attractive nuisances; boarded
windows or doors; and statements by neighbors, passersby, delivery
agents or government agents; among other evidence that the property
is vacant. A building may also be considered vacant if less than 10%
of the total square footage of the building is actively used by the
owner(s) or tenant(s) on a permanent, nontransient basis for domestic
or lawfully licensed business purposes.
A.
Applicability. This chapter shall be applicable to any building designed
or used for residential (including multifamily), commercial, industrial,
manufacturing, storage or other nonresidential uses or purposes which
has been determined to be vacant by the Enforcement Officer.
B.
Exemptions. The following buildings and/or building units are exempt
from the provisions of this chapter:
(1)
A building that is undergoing an active renovation or rehabilitation, all required permits have been obtained, no municipal liens or unpaid taxes apply to the property, and the property is not in mortgage foreclosure shall be exempt from registering as vacant for a period of not more than 180 days from the issue date of building permit(s) provided property was occupied prior to rehabilitation/renovation and is intended for occupancy immediately following rehabilitation/renovation. If building was registered as vacant prior to renovation or rehabilitation, the owner may apply for a waiver of fees under § 283-6D.
(2)
A building that is actively marketed for sale or lease that was occupied up to the start of being actively marketed, or was occupied for some period of time while being marketed and does not have outstanding code violations, municipal liens, unpaid taxes and is not in foreclosure, shall be exempt from registering as vacant for a period of not more than 180 days from the date the property was placed on the market. See § 283-6D to waive registration fees for longer marketing periods.
(3)
Residential condominium and rental units in a building the vacancy
rate of which does not exceed 90%.
(4)
A building whose occupants are temporarily or seasonally away, provided
the premises are in compliance with all Township codes, no municipal
liens or unpaid taxes apply to the property, and the property is not
in mortgage foreclosure.
(5)
Permitted warehouses or storage structures, provided the premises
is in compliance with all Township codes, no municipal liens or unpaid
taxes apply to the property, and the property is not in mortgage foreclosure.
(6)
Newly constructed buildings for the period of one year from the date
that the applicable building permit or zoning permit is issued, whichever
is later, provided that the premises is in compliance with all Township
codes, no municipal liens or unpaid taxes apply to the property, and
the property is not in mortgage foreclosure.
(7)
Buildings vacant due to fire damage, provided an escrow has been established with the Township in accordance with Chapter 147 of the Township Code, for the period of one year from the date of the fire or the issuance of a building permit, whichever is later, provided the premises is in compliance with all Township codes, no municipal liens or unpaid taxes apply to the property, and the premises is not in mortgage foreclosure.
A.
Registration. The owner of a vacant building shall file a registration
statement for each such building with the Township on forms provided
by the Township. Registration shall be required for all vacant buildings,
whether vacant and secured or vacant and unsecured, whenever any building
has been determined to be vacant by the Enforcement Officer. In no
instance shall the registration of a vacant building be construed
to exonerate the owner, agent or responsible party from responsibility
for compliance with any building, property maintenance, fire, housing,
zoning or other applicable codes, ordinances or regulations. One registration
statement shall be filed for each vacant building owned by the owner
so registering.
B.
Contents. The following information and documentation shall be provided
in or accompanying the registration statement:
(1)
The street address of each vacant building;
(2)
The names and addresses of all owners:
(a)
If the owner is a corporation, the registration statement shall
provide the names and resident addresses of all officers and directors
of the corporation and shall be accompanied by a copy of the most
recent relevant corporate filing with the Secretary of State.
(b)
If the owner is an estate, the registration statement shall
provide the name and business address of the executor of the estate.
(c)
If the owner is a trust, the registration statement shall provide
the name and address of all trustees, grantors and beneficiaries.
(d)
If the owner is a partnership or limited liability company,
the registration statement shall provide the names and residence addresses
of the managing partner or managing member and of all partners or
members with an ownership interest in the partnership or limited liability
company of 10% or greater.
(e)
If the owner is an individual, the registration statement shall
provide the name and residence address of that person.
(3)
The name of the responsible person to contact regarding building
repairs and emergency conditions, along with mailing address, email
address, and working telephone number that has service 24 hours per
day, seven days per week.
(4)
If none of the owners has an address within the Commonwealth of Pennsylvania,
the registration statement shall also provide the name and address
of a local agent who resides within the Commonwealth of Pennsylvania
and is authorized to accept the services of process on behalf of the
owner and who shall be designated as a responsible local party or
agent, both for purposes of notification in the event of an emergency
affecting the public health, safety or welfare, and for the purposes
of service of any and all notices as herein authorized. The local
agent shall provide a working telephone number that has service 24
hours per day and seven days per week;
(5)
For nonresidential buildings only, a survey or plot plan of the lot
and an interior plan depicting the layout of each building floor;
and
(6)
Any other information deemed necessary by the Enforcement Officer
from time to time.
C.
Maintenance plan.
(1)
At the time of registration, the owner shall provide a written maintenance
plan for the building(s) and premises. If the owner fails to submit
the plan as provided for by this chapter, or the plan is not approved
by the Enforcement Officer, the Enforcement Officer may determine
and impose a maintenance plan. The plan shall contain the following
as a minimum:
(a)
A plan to permanently repair or replace any doors, windows,
or other openings which are in need of repair or being secured. The
proposed repair or replacement shall result in the openings being
secured by conventional methods used in the design of the building
or methods permitted for new construction of similar type with board
removed. Windows and doors shall not be boarded up. The owner shall
maintain the building in a secure state until the building is reoccupied
or made available for immediate occupancy.
(b)
A plan to repair any deterioration in the exterior of the building(s)
or premises, including but not limited to roofs, chimneys, walls,
gutters, stormwater management features, pools, fencing, or dangerous
walkways or driveways to ensure the building(s) is weather-tight and
minimize danger to the public. The proposed repair(s) shall be of
similar materials and colors as the original architecture or style
of the building(s) and premises.
(c)
For buildings and premises thereof which are determined by the
Enforcement Officer as being or containing nuisances, the maintenance
plan shall contain a plan to remedy such nuisance(s).
(d)
A time schedule identifying the date of commencement of repair
or mitigation and date of completion for each improperly secured opening,
deteriorating exterior or premises condition, and nuisance identified
by the Enforcement Officer.
(e)
At such time when the owner proposes to demolish the vacant
building, the owner shall submit a plan and time schedule in advance
of such demolition. No demolition of the vacant building shall occur
until the plan and time schedule have been approved, in writing, by
the Township.
(f)
A plan to maintain the building(s) and premises thereof in conformance
with this chapter and other applicable ordinances.
(g)
A time schedule, identifying the date the building(s) and premises
will be habitable and occupied or offered for occupancy or sale. The
time schedule shall include date(s) of commencement and completion
of all actions required to achieve habitability.
(h)
Proof that the property has been winterized (including, but
not limited to, a signed affidavit with photographs).
(i)
A listing of all hazardous materials in the building(s) or premises
and a plan for their removal.
(j)
No plan shall be approved which fails to provide for compliance
with this chapter, or which will not, as determined by the Enforcement
Officer, achieve such compliance within six months in the case of
a vacant, non-code-compliant building or one year in the case of a
vacant and code-compliant building.
(2)
In consideration of the approval of the proposed maintenance plan,
the Enforcement Officer shall include the following in his or her
consideration and shall make written findings as to each: (1) the
purpose of this chapter and intent of the Board of Commissioners to
minimize the time a building is vacant; (2) the effect of the building
and the proposed maintenance plan on adjoining property; (3) the length
of time the building has been vacant; (4) the presence of any nuisances
on the property; (5) the likelihood that the maintenance plan or portion(s)
thereof will prevent or ameliorate the condition it is designed to
address; (6) whether the measures will secure the premises from trespassers
and make it safe for entry by emergency personnel in times of exigent
circumstances or emergency; (7) whether the building shall be made
to conform to all applicable codes.
D.
Inspections. Each vacant building or structure registered herein
shall be inspected not less than annually by the Enforcement Officer
to ensure the maintenance plan is being followed and for compliance
with the International Property Maintenance Code, Fire Code, Building
Code and Nuisance Code. The owner shall permit a code compliance inspection
of both the interior and exterior of the premises. Generally, the
following will be looked as part of the inspection process:
(1)
Habitability: the Enforcement Officer shall make a determination
of whether the building or structure is habitable and list the measures
that shall be taken to make building habitable if it is not.
(2)
Building openings: doors, windows, areaways, and other openings shall
be weather-tight and secured against entry by birds, vermin and trespassers.
Missing or broken doors, windows or other openings shall be secured
by repair or replacement.
(3)
Roofs: the roof and flashings shall be sound and tight, not admit
moisture, or have defects which might admit moisture, rain or roof
damage.
(4)
Drainage: the premises storm drainage system shall be functional
and allow discharge in an appropriate manner.
(5)
Building structure: shall be maintained in good repair and be structurally
sound. Structure members shall be free of deterioration and capable
of safely bearing imposed dead and live loads.
(6)
Foundation walls: shall be maintained structurally sound and in a
sanitary condition so as not to pose a threat to public health and
safety, shall be capable of supporting the load which normal use may
cause to be placed thereon, and be free from cracks and breaks, and
free from leaks.
(7)
Building exterior: shall be neatly maintained so there is no graffiti,
tagging or similar markings or deterioration, as evidenced by holes,
breaks, rot, crumbling, cracking, peeling, rusting or other evidence
of physical decay resulting from neglect, inadequate maintenance or
excessive use.
(8)
Grounds: shall be kept free of weeds, dry brush, dead vegetation,
trash, junk, debris, building materials, any accumulation of newspapers,
circulars, flyers notices, except those required by federal, state
or local law, discarded personal items, including but not limited
to, furniture, clothing, large and small appliances, printed material
or any other items that give the appearance that the property is abandoned.
(9)
Walkways: all sidewalks and paths shall be safe for pedestrian travel.
A.
Registration for single-family residential dwellings. A registration
fee of $400 shall be imposed for a registration statement for each
vacant single-family residential or two-family building dwelling unit
or renewal of such registration statement annually to cover the administrative
cost of monitoring the premises and ensuring the proper maintenance
thereof. The registration fee shall be paid at the time of application
and renewal. No registration statement shall be deemed complete prior
to payment of the registration or renewal fee, as applicable.
B.
Registration for multifamily residential and nonresidential buildings
and structures. A registration fee in accordance with the table below
shall be imposed for a registration statement for each multifamily
residential (containing more than two dwelling units) or nonresidential
building or structure to which this chapter applies as well as for
the renewal of such registration statement annually to cover the administrative
cost of monitoring the premises and ensuring the proper maintenance
thereof. The registration fee shall be paid at the time of application
or renewal, as applicable. No registration statement shall be deemed
complete prior to payment of the registration or renewal fee, as applicable.
|
Total Floor Space of Building
|
Annual Registration Fee
| |
|---|---|---|
|
Less than 5,001 square feet
|
$500
| |
|
5,001 to 10,000 square feet
|
$1,000
| |
|
10,001 to 200,000 square feet
|
$1,750
| |
|
Over 200,000 square feet
|
$2,500
|
C.
Renewal. Each registration statement shall expire after one year.
Registration of a vacant building shall be renewed on an annual basis,
within 10 days of the date of expiration of the registration statement.
(1)
Renewal of registration without violations. If a vacant building
and its premises does not violate the conditions of this chapter or
other applicable property maintenance and building code ordinances
at the time of renewal, then the renewal fee shall be the same amount
as the initial registration. All renewed registration statements shall
be subject to all of the same conditions and obligations applicable
to the initial registration statement, unless expressly exempted therefrom
by the Township.
(2)
Renewal of registration with violations. If a vacant building and
its premises has outstanding violations with respect to this chapter
and other applicable property maintenance and building code ordinances
at the time of renewal, then the renewal fee shall be double the initial
registration fee at the time of first renewal with violations. The
second year a vacant building and its premises has any violations
at time of renewal, then the renewal fee shall be triple the original
renewal fee. The third and each year after, a vacant building and
its premises has any outstanding violations, the renewal fee shall
be four times the original registration fee.
D.
Waiver of fees.
(1)
All but $100 of the registration fee may be waived for one registration
period (one year unless otherwise stated) under the following circumstances:
(a)
Upon showing a building is being actively marketed for sale
or lease.
(b)
When a building is being rehabilitated pursuant to applicable
building, fire and zoning permits and the owner has spent at least
5% of the valuation of the building or structure on rehabilitation,
not including the cost of permits, in the prior ninety-day period.
(c)
If an owner has secured all the duly required state and local
permits to demolish the building or structure. The owner shall demolish
the building or structure within 90 days of securing said permits
and the refund will be issued after demolition of said building or
structure. The time to demolish may be extended upon a showing of
good cause.
(2)
The full registration and fee shall be tendered with a written request
for waiver. Upon verification and/or inspection by the Enforcement
Officer for compliance with the International Property Maintenance
Code, Fire Code, Building Code and Nuisance Code, all but $100 of
the annual registration fee shall be refunded.
E.
Habitation of vacant building.
(1)
Prior to removal of a vacant building from the vacant building registry,
owner shall submit to an inspection by the Enforcement Officer to
verify all outstanding code violations have been addressed to the
satisfaction of the Enforcement Officer and the maintenance plan has
been completed.
(2)
If a building is found habitable and legally occupied less than 180
days after registration or registration renewal, owner may receive
a refund of 50% of the registration fee for that year, minus an inspection
fee of $100.
(3)
If a building is found habitable and legally occupied 180 or more
days after registration or registration renewal, owner shall pay the
Township an inspection fee of $100 and shall not receive a refund
of any registration or renewal fees.
The obligations of the owner as set forth in this chapter constitute
continuing obligations throughout the period in which the building
is vacant. The owner, or the responsible person or agent for the owner,
shall notify the Enforcement Officer within 30 days of any change
to the information contained in the registration statement on file
with the Township.
The failure or refusal of any owner to register a vacant building and/or to otherwise comply with any provision of this chapter, including, without limitation, failure or refusal to comply with the owner's maintenance plan required pursuant to § 283-5 hereof, shall upon adjudication thereof in a civil enforcement proceeding commenced by the Township be subject to a civil penalty not to exceed $1,000 per violation, plus costs of prosecution. Each day that such violation shall occur shall constitute a separate violation. Said penalty(ies) shall be in addition to the registration fee amount.
Any person affected by any notice issued in connection with
the enforcement of this chapter shall have the right to appeal and
request a hearing on the matter before the Public Works Committee
of the Board of Commissioners, which shall be the appeal board as
referred to in this chapter. The appeal shall be filed with the Township
Secretary, in writing, within 30 days of the rendition of the order
or decision of the Enforcement Officer being appealed from.
