These regulations are adopted pursuant to authority granted
in the Borough Code, Sections 1202(3), (5), (6), (10), (24), and (74),
53 P.S. § 46202 et seq.
The purpose of this chapter is to: assist the Borough and, in
particular, the Borough Code Official, in assuring the proper maintenance
of vacant buildings for the purpose of protecting the public health,
safety and welfare; monitor the number of vacant commercial and industrial
buildings in the Borough and 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 firesafety hazards,
visual blight and unlawful, temporary occupancy by transients, including
users and traffickers of illegal drugs; require the continued maintenance
and upkeep of such vacant buildings; and promote substantial efforts
to maintain in a good condition and state of repair, rehabilitate,
rent or sell such vacant commercial and industrial buildings. The
provisions of this chapter are in addition to and not in lieu of any
other applicable provisions of the Borough of Collegeville Code of
Ordinances.
As used in this chapter, the following terms shall have the
meaning indicated, unless the context clearly indicates a different
meaning:
BOARDED
A building or structure 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, there is plywood or similar
material covering the space for such door or window so that such door
or window is secured.
BUILDING
Any combination of materials having a roof and enclosed within
exterior walls or fire walls, 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.
OCCUPIED
A building or structure 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. 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 United States Postal Service, proof of
continual telephone, electric, gas, heating, water and sewer services,
a valid Borough business license, or the most recent federal, state
or local tax statements indicating that the subject property is the
official business address of the person or business claiming occupancy.
OWNER
Any person, agent, operator, corporation or other entity
having a legal or equitable interest in the property, or recorded
in the official records of the County of Montgomery or the Borough
as holding title to the property, or otherwise having control of the
property and the right to present use and enjoyment thereof.
SECURED
A building or structure 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.
UNSECURED
Any vacant or abandoned building or structure 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.
VACANT
A building or structure subject to the provisions of this
chapter where no person or persons actually, currently conducts a
lawfully licensed business, 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.
If no person identified on the registration statement has an
address within the Commonwealth of Pennsylvania, the registration
statement also shall provide the name and address of a person who
resides within the Commonwealth of Pennsylvania and is authorized
to accept service 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 purposes of service of any and
all notices as herein authorized.
The obligations of the owner as set forth in this chapter constitute
continuing obligations throughout the period in which the building
or structure is vacant. The owner, or the responsible person or agent
for the owner, shall notify the Borough Code Official within 30 days
of any change to the information contained in the registration statement
on file with the Borough.
The failure or refusal of any owner to register a vacant building
or structure and/or to otherwise comply with this chapter shall constitute
a summary offense punishable upon conviction thereof by a fine of
not less than $200 nor more than $1,000, plus costs of prosecution,
for each failure or refusal to register, or for each failure or refusal
to pay a required vacant building fee, as applicable. Each day that
the owner is in violation shall constitute a separate offense. This
penalty shall be in addition to the registration fee of $500.
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 Board of Appeals established
by the BOCA National Building Code, which shall be composed of the
Borough Council, ex officio, and shall be the appeal board as referred
to in this chapter. The appeal shall proceed in the same manner and
subject to the same limitations as prescribed in the building code
for appeals from the orders and/or decisions of the Building Official
under that code. The appeal shall be filed with the Borough Secretary,
in writing, within 30 days of the rendition of the order or decision
of the Code Official being appealed from.
The provisions of this chapter are severable, and if any section,
sentence, clause, part or provision hereof shall be held illegal,
invalid or unconstitutional by any court of competent jurisdiction,
such decision of the court shall not affect or impair the remaining
sections, sentences, clauses, parts or provisions of this chapter.
It is hereby declared to be the intent of the Council that this chapter
would have been adopted even if such illegal, invalid or unconstitutional
section, sentence, clause, part or provision had not been included
herein.