[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:
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.
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.
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.
A.
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:
(1)
The street address and parcel number of each such vacant building.
(2)
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.
(3)
A working telephone number that has service 24 hours per day and
seven days per week.
B.
A fee shall accompany the registration statement. Such fee shall
be set by Brentwood Borough Council and designated in the Borough
Fee Schedule.
C.
Filing of the registration statement and fee shall be required on
an annual basis for as long as the structure remains vacant.
A.
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.
B.
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.
C.
The responsible agent shall be jointly and severally liable for and
shall perform the obligations of the owner under this article.
D.
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.
A.
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.
B.
Each property shall be inspected annually for as long as the structure
remains vacant.
C.
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.
D.
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.
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.
B.
A structure that is undergoing an active renovation or rehabilitation
and for which all permits have been obtained.
C.
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.
D.
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.
