[HISTORY: Adopted by the Borough Council of the Borough of Brentwood as indicated in article histories. Amendments noted where applicable.]
[Adopted 12-10-2018 by Ord. No. 1275]
As used in this article, the following terms shall have the meanings indicated:
- ACTIVELY MARKETED FOR SALE OR LEASE
- A property that is listed and marketed through a licensed real estate agent or broker, or by the owner, who is regularly advertising said property in newspapers of general circulation in and around Allegheny County and has conspicuously posted signage at the property advertising the same.
- The Borough of Brentwood, Allegheny County, Pennsylvania.
- CODE VIOLATION
- A violation of the Brentwood Borough Code that is not remedied in the specified time allowed in the notice of violation, or, if a written extension is granted by the Building Code Official, that is not remedied in the specified time allowed in said extension.
- EVIDENCE OF VACANCY
- Any condition that on its own, or combined with other conditions present, would lead a reasonable person to believe that the property is vacant. Such conditions include, but are not limited to, overgrown and/or dead vegetation; accumulation of newspapers, circulars, flyers and/or mail; disconnected utilities; accumulation of trash and/or debris; the absence of window coverings such as curtains, blinds and/or shutters; the absence of furnishings and/or personal items consistent with habitation; or statements by neighbors, delivery agents, or government employees that the property is vacant.
- Any natural person, partnership, corporation, trust, or other entity having title, whether by deed, mortgage, lease or other contract, to real estate within the Borough, or otherwise having control of the property, including the guardian of an estate and the executor or administrator of the estate.
- A structure in which no natural person lawfully resides or conducts a business on a permanent, nontransient basis.
The requirements of this article shall be applicable to every structure in the Borough and each owner of any structure, whether commercial, residential, or institutional, if said structure has been vacant or has shown evidence of vacancy for more than 60 consecutive days.
Upon 60 consecutive days of vacancy, the owner of the subject property shall file a registration statement on a form prepared and provided by the Borough. The registration statement shall include the following information:
The street address and parcel number of each such vacant building.
The names and street addresses of all owners. If the owner is a corporation, the registration statement shall provide the names and addresses of all officers of the corporation. If the owner is a trust, partnership, or any other form of unincorporated association, the registration statement shall provide the names and addresses of any partner or principal with an interest of 20% or greater. A post office box will not be accepted as a valid address.
A working telephone number that has service 24 hours per day and seven days per week.
A fee shall accompany the registration statement. Such fee shall be set by Brentwood Borough Council and designated in the Borough Fee Schedule.
Filing of the registration statement and fee shall be required on an annual basis for as long as the structure remains vacant.
Each owner who does not live in Allegheny County shall appoint a natural person, 21 years of age or older, who shall live in Allegheny County, as a responsible agent.
The name, address, and telephone number of the responsible agent shall be listed on the registration statement. A post office box will not be accepted as a valid address.
The responsible agent shall be jointly and severally liable for and shall perform the obligations of the owner under this article.
If the name, address, or telephone number of the responsible agent changes during the course of any calendar year, it is the responsibility of the owner to update the registration statement within 15 days of the occurrence of such change.
Within 30 days of submission of the registration statement, the Building Code Official shall perform an inspection of each vacant structure to determine compliance with Borough ordinances, including the Property Maintenance Code.
Each property shall be inspected annually for as long as the structure remains vacant.
If a vacant structure fails to comply with the provisions of the Borough Property Maintenance Code or other Borough ordinance, the Building Code Official shall notify the applicant, in writing, of the deficiencies within 10 days of the inspection. The owner shall have 30 days from the date of the notice to abate all violations and to schedule a second inspection. The Building Code Official may provide a written extension to abate the violations, provided that under no circumstance shall the inspection process exceed 120 days from the date of the initial inspection.
The owner or responsible agent shall provide no less than 24 hours' written notice of a request to change the date or time of a scheduled inspection. Upon failure to give such notice or upon failure to grant entry, an administrative fee of $150 shall be assessed against the owner.
The following structures are exempt from the provisions of this article:
A structure that is actively marketed for sale or lease, provided that all municipal fees and taxes are paid in full and the structure is in compliance with the Borough Property Maintenance Code and all other applicable Borough ordinances.
A structure that is undergoing an active renovation or rehabilitation and for which all permits have been obtained.
A structure that is vacant as a result of a fire or nature disaster and for which a permit to restore or demolish has not yet been obtained, for a period not to exceed 120 days.
A structure that is temporarily vacated by an owner-occupant to reside at an alternative, semi-permanent address for a portion of up to 180 days annually.
Any person who violates any provision of this article shall, upon conviction thereof before a District Justice or other court, be sentenced to pay a fine of not less than $500 and not more than $1,000, plus the costs of prosecution. Each day of continuing violation shall constitute a separate offense.
After any owner or responsible agent is given notice that a registration statement filing fee is due, and said owner or responsible agent fails to satisfy the fee in full within 30 days, the Borough may file a municipal lien upon the property for which such fees are due.