[HISTORY: Adopted by the Borough Council of the Borough of
Collegeville 12-1-2010 by Ord.
No. 544. Amendments noted where applicable.]
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.[1]
[1]
Editor's Note: See now 8 Pa.C.S.A. § 1202.
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:
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.
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.
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.
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.
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.
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.
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.
A.
Applicability. This chapter shall be applicable to any building or
structure designed or used for commercial, industrial, manufacturing,
storage or other nonresidential uses or purposes that has been vacant
for at least 60 consecutive days.
B.
Exemptions. The following buildings are exempt from the provisions
of this chapter:
(1)
A building that is undergoing an active renovation or rehabilitation
and all required permits have been obtained;
(2)
A building that is vacant as a result of a natural disaster and covered
by emergency response requirements under federal, state or local law;
(3)
A building owned by the United States, the commonwealth, Montgomery
County, the Borough, or any of their respective agencies or political
subdivisions;
(4)
A residential single-family home or owner-occupied two-family dwelling
residential property; or
(5)
Residential condominium and rental units in a building whose vacancy
rate does not exceed 95%.
A.
Registration. The owner of a vacant building or structure shall file
a registration statement for each such building or structure with
the Borough on forms provided by the Borough. Registration shall be
required for all vacant buildings, whether vacant and secured, vacant
and unsecured, or vacant and boarded, whenever any building or structure
has remained vacant for 60 consecutive days or more. In no instance
shall the registration of a vacant building or structure be construed
to exonerate the owner, agent or responsible party from responsibility
for compliance with any other building, property maintenance, fire,
housing, zoning or other applicable codes, ordinances or requirements.
One registration statement shall be filed for each vacant building
or structure 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 or structure;
(2)
The names and addresses of all owners (as further described in Subsection C below), together with the name of the responsible person to contact regarding building repairs and emergency conditions;
(3)
A working telephone number that has service 24 hours a day and seven
days a week;
(4)
A survey or plot plan of the lot and an interior plan depicting the
layout of each building floor; and
(5)
Any other information deemed necessary by the Borough Code Official.
C.
Owner defined. For purposes of completing the registration statement,
the term "owner" shall mean the following:
(1)
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.
(2)
If the owner is an estate, the registration statement shall provide
the name and business address of the executor of the estate.
(3)
If the owner is a trust, the registration statement shall provide
the name and address of all trustees, grantors and beneficiaries.
(4)
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.
(5)
If the owner is an individual, the registration statement shall provide
the name and residence address of that person.
D.
Maintenance plan. At the time of registration, the owner shall provide
a maintenance plan for the property, which shall include at least
the following:
(1)
The length of time the owner expects the vacancy to continue.
(2)
The measures to be taken to secure the building or structure and ensure that it will be kept weathertight and secure from trespassers, safe for entry by police officers and firefighters in times of exigent circumstances or emergency, compliant with the maintenance obligations set forth in § 248-8 of this chapter, free from nuisance, and in good order and condition.
(3)
A description of the contents of the building or structure.
(4)
Permission for the Borough, its officers, employees, consultants
and agents, to enter and inspect the building and the property.
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.
A.
At the time of registration, the Borough Code Official shall conduct
an interior and exterior inspection of the building(s) and the premises,
following reasonable notice to the owner, and shall advise the owner
of any conditions that violate the Borough building, property maintenance,
fire, housing, zoning or similar codes, and shall advise of any corrective
actions required to abate such violations. The owner shall attend
the inspection and cooperate with the Borough in completing all required
corrective action. The Borough Code Official, upon inspection, shall
issue an order for any work needed to:
(1)
Comply with the maintenance standards described in § 248-8 hereof and adequately protect the building from intrusion by trespassers and from deterioration by weather conditions; and
(2)
Ensure that allowing the building to remain vacant will not be detrimental
to the public health, safety and welfare, will not unreasonably interfere
with the use and enjoyment of other premises within the neighborhood,
and will not pose an extraordinary hazard to police officers or firefighters
entering the premises in times of emergency.
B.
When issuing a work order, the Borough Code Official shall specify
the time for completion of the work. The order shall act as an interim
vacant building permit, the duration of which shall be for the time
set forth in the Borough Code Official's order. No interim permit
shall be effective for a period of more than three months. All work
done pursuant to this chapter shall be done in compliance with applicable
building, property maintenance, fire, housing, zoning and other similar
codes, ordinances and requirements.
C.
Upon completion of the work identified in the foregoing work order
and a satisfactory follow-up inspection and determination that the
building is in compliance with this chapter, the Borough Code Official
shall issue a vacant building permit for the property. The permit
shall be effective for one year.
A.
Lot maintenance. The lot upon which the building or structure is
located shall be maintained in a clean, safe and sanitary condition,
free from waste, rubbish, debris or excessive vegetation, and shall
not pose a threat to the public health or safety. In furtherance thereof,
the following lot maintenance standards shall be applicable:
(1)
Accessory buildings/structures. All accessory and appurtenant buildings
or structures, including, but not limited to, garages, sheds and fences,
shall be free from safety, health and fire hazards and shall otherwise
comply with the maintenance standards set forth in this section.
(2)
Vegetation. All grass and weeds on the premises, including abutting
sidewalks, gutters and alleys, shall be kept below 10 inches in height
and all dead or broken trees, tree limbs and shrubbery shall be cut
and removed from the premises.
[Amended 5-5-2021 by Ord. No. 607]
(3)
Walkways. Public walkways, whether adjoining or on the lot, shall
be in good repair, free of ice and snow and be safe for pedestrian
travel.
(4)
Exterior premises. No waste, rubbish, junk, debris or excessive vegetation
shall be permitted to accumulate in the yards surrounding the vacant
building or structure or on any portion of the lot. No portion of
the lot nor any structure, vehicle or receptacle on the premises shall
be maintained or operated in any manner that causes or produces a
health or safety hazard or permits the premises to become or be conducive
to becoming a rodent harborage. Water shall not accumulate or be permitted
to pool on the ground.
(5)
Lighting and fencing. All exterior lighting, signage, fences and
gates shall be maintained in sound condition and in good repair.
B.
Exterior maintenance. The owner of a vacant building or structure
shall secure all doors, windows and other openings in the building
or structure to deter vandalism and entry by unauthorized persons.
In furtherance thereof, the following exterior maintenance standards
shall be applicable:
(1)
Building openings. Doors, windows, areaways and other openings shall
be weathertight, locked and secured against entry by birds, vermin
and trespassers and free from graffiti. Missing or broken doors, windows
and other such openings shall be replaced within five days of becoming
damaged and shall be covered by glass or other rigid transparent materials
which are weather protected, and tightly fitted and secured to the
opening. Graffiti shall be removed within 24 hours of its occurrence.
(2)
Roofs. The roof and flashings shall be sound and tight, not admit
moisture or have defects which might admit moisture, rain or roof
damage, and allow for drainage to prevent dampness or deterioration
in the interior walls or interior of the building.
(3)
Drainage. The building storm drainage system, including, but not
limited to, gutters, downspouts, scuppers and flashing, shall be functional,
in good repair, and installed in an approved manner, and allow adequate
discharge in an approved manner to remove water from the building
and the lot.
(4)
Building structure. The building shall be maintained in good condition
and repair, structurally sound and free from debris, rubbish and garbage.
The building shall be sanitary and shall not pose a threat to the
public health and safety. Structural members shall be free of deterioration
and capable of safely bearing imposed dead and live loads.
(5)
Foundation walls. The foundation walls shall be maintained in good
condition, 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 shall be free from open cracks and breaks, free from leaks, free
from graffiti, and be animal and rodentproof.
(6)
Exterior walls. The exterior walls and building facade shall be free
of holes, breaks, graffiti and loose or rotting materials. Exposed
metal, wood or other surfaces shall be protected from the elements
and against decay, corrosion or rust by periodic application of weather-coating
materials, such as paint or similar surface treatment.
(7)
Decorative features. The cornices, belt courses, corbels, terra cotta
trim, fences, wall facings and similar decorative features shall be
safe, anchored, and in good repair and free from graffiti. Exposed
metal, wood or other surfaces shall be protected from the elements
and against decay, corrosion or rust by periodic application of weather-coating
materials, such as paint or similar surface treatment.
(8)
Overhanging extensions. All balconies, canopies, marquees, signs,
metal awnings, stairways, fire escapes, standpipes, exhaust ducts
and similar features shall be in good repair, anchored, safe and sound,
and free from graffiti. Exposed metal, wood or other surfaces shall
be protected from the elements and against decay, corrosion or rust
by periodic application of weather-coating materials, such as paint
or similar surface treatment.
(9)
Chimneys and towers. Chimneys, cooling towers, smokestacks and similar
appurtenances shall be structurally safe and in good repair, and free
from graffiti. Exposed metal and wood surfaces shall be protected
from the elements and against decay, corrosion or rust by periodic
application of weather-coating materials, such as paint or similar
surface treatment.
C.
Interior maintenance. The owner of a vacant building or structure
shall maintain the interior of the building or structure and all major
systems therein or servicing such building, including, but not limited
to, the electrical and plumbing systems, the water supply system,
and the sewer system, in a manner consistent with the requirements
of the codes, ordinances and regulations of the Borough, including,
without limitation, the 2015 International Property Maintenance Code,
as amended from time to time. In addition, the owner shall remove
all combustible waste and refuse therefrom in compliance with the
Borough fire prevention code and shall remove any waste, rubbish or
debris from the interior of the structure. In furtherance thereof,
the following interior maintenance standards shall be applicable:
[Amended 5-5-2021 by Ord. No. 607]
(1)
Debris. The owner shall not accumulate or permit the accumulation
of junk, trash, debris, boxes, lumber, scrap metal or any other materials
that may produce a health, fire or safety hazard, or provide harborage
for rodents or other animals.
(2)
Structural supports. Every floor, wall, stair, ceiling or other structural
support shall be safe and capable of supporting the loads associated
with normal usage and shall be kept in sound condition and repair.
(3)
Plumbing. Plumbing fixtures shall be maintained with no leaking pipes,
and all pipes for water shall either be completely drained or heated
to resist being frozen.
(4)
Exits. Every exit door shall be secured with an internal dead bolt
lock, or with a locking mechanism deemed equivalent or better by the
Borough Code Official, and every exit door shall be capable of being
opened from the inside easily and without the use of a key or special
knowledge.
(5)
Stairways. Interior stairs shall have treads and risers that have
uniform dimensions, are sound, securely fastened and have no rotting,
loose or deteriorating supports.
(6)
Extermination. Every owner shall be responsible for the extermination
of inspects, rodents and other vermin in or about the premises.
D.
Standards for boarding vacant buildings. The boarding of the doors,
windows and other openings of any building or structure shall comply
with the following minimum standards:
(1)
Securing by boarding. Windows, exterior doors and similar openings
shall be boarded by the attachment of exterior grade plywood or similar
material, which completely covers the space for such window, door
or similar opening, is attached in a secure fashion to deter vandalism
and unauthorized entry, and meets the requirements of the Building
Code and applicable insurance underwriter standards relating to the
boarding of buildings.
(2)
Painting of boarded openings. All boarded windows shall be painted
with a minimum of one coat of exterior black or dark gray paint, with
mullions painted on the boards using exterior white paint to simulate
window panes or gridwork. All boarded doors shall be painted with
a minimum of one coat of exterior paint, which is of a color compatible
with the exterior color of the building or structure.
E.
Additional requirements. The owner of a vacant building or structure
shall also comply with the following requirements:
(1)
Sewer. The sewer shall be capped in a manner approved by the Borough
so as to prevent the accumulation of methane gas in the building.
(2)
Insurance. The owner shall acquire or otherwise maintain liability
insurance in an amount not less than $1,000,000 per occurrence and
$2,000,000 in the aggregate covering any damage to any person or property
caused by any physical condition of or in the building. Evidence of
this insurance shall be provided to the Borough Code Official at the
time of registration and any renewal thereof.
(3)
Knox-Box®. A Knox-Box® (i.e., a wall-mounted safe for the
storage of building keys) shall be installed at a visible location
near the main entrance to the building, the precise location for which
shall be determined by the Fire Chief or the Fire Marshal, in his
discretion.
A.
Registration. A registration fee of $500 shall be imposed for a vacant
building permit or renewal of such permit to cover the administrative
cost of inspecting and monitoring the building or structure and ensuring
the proper maintenance thereof. The registration fee shall be paid
at the time of application or renewal. No permit shall be issued prior
to payment of the registration or renewal fee.
B.
Waiver. All but $75 of the registration fee shall be waived by the
Borough upon a showing, to the satisfaction of the Borough Code Official,
that the building or structure is being actively marketed for sale
or lease and is being maintained in accordance with the requirements
of this chapter and the permit issued for the building. The full registration
fee shall be tendered with the written waiver request and all but
$75 shall be refunded if the waiver is granted by the Borough Code
Official.
C.
Renewal. Registration of a vacant building or structure shall be
renewed on an annual basis, within 10 days of the date of permit expiration,
in the same manner as initial permit issuance if the structure is
still a vacant building. An inspection of the premises shall be performed
prior to the renewal of a vacant building permit. All renewed permits
shall be subject to all of the same conditions and obligations applicable
to the initial permit, unless expressly exempted therefrom by the
Borough.
A.
To compensate the Borough for inspection and administrative costs
related to the enforcement of this chapter, an escalating fee established
by Borough Council through resolution may be charged for any reinspection
following the initial inspection that resulted in an order for corrective
action, and the first reinspection to determine compliance with an
order for corrective action issued hereunder. There shall be no reinspection
fee for a final inspection indicating compliance, or for a reinspection
occurring during the period of an approved time extension granted
for good cause and involving a good faith effort on the part of the
owner to comply with the order.
B.
Reinspection fees not paid within 30 days of mailing an invoice to
the owner shall be charged and collected as a special assessment against
the real estate upon which the reinspections were made, and the Borough
may file a municipal lien against the real estate until paid in full,
as provided for by law, with interest accruing on the unpaid balance
at the rate of 6% per annum. There shall also be a $100 administrative
charge added to the charge and special assessment to cover the administrative
costs of charging and specially assessing the property.
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.
