[HISTORY: Adopted by the Borough Council of the Borough of
Kittanning 3-4-2019 by Ord. No.
533-2019. Amendments noted where applicable.]
GENERAL REFERENCES
Property Maintenance — See Ch. 422
A.
The purpose of this chapter requiring the registration of all vacant and abandoned residential, commercial and industrial real property, buildings and structures including any public nuisance, as defined in § 520-2 of this chapter, and the payment of registration fees is to assist the Borough of Kittanning in protecting the public health, safety and welfare; to monitor the number of vacant buildings in the Borough; to assess the effects of the condition of those buildings on nearby businesses and residents in the neighborhoods in which they are located, particularly in light of fire and safety hazards and unlawful, temporary occupancy by transients, including illicit drug users and traffickers; to require of the owners of such vacant buildings the registration of such vacant buildings and the payment of related fees; and to promote substantial efforts to rehabilitate such vacant buildings, The provisions of this chapter are applicable to the owners of such vacant buildings as set forth herein and are in addition to and not in lieu of any and all other applicable provisions of the ordinances of the Borough of Kittanning and all relevant codes and/or regulations adopted therein.
B.
Administration and enforcement of this chapter shall remain under
the sole control of the Borough Council and/or its designee. The Borough
Council and/or its designee shall have the authority to institute
summary criminal proceedings as a means of enforcement of this section
and shall, when acting within the scope of employment hereunder, have
the powers of a police officer of the Borough; provided, however,
that under no circumstances shall they have the power to arrest.
Unless otherwise expressly stated, the following terms shall,
for the purpose of this chapter, have the meanings indicated in this
section.
Deserted or discarded for more than 90 days
[Amended 2-1-2021 by Ord. No. 542-2021]
Any real property, including but not limited to one or more
vacant buildings or structures, without respect to occupancy or vacancy,
that is subject to a mortgage and is either: (i) in default on such
mortgage for which a mortgagee has obtained a judgment in foreclosure;
(ii) in default on such mortgage and subject to an application or
proceeds for a tax deed or pending tax claim bureau or tax assessor
sale for unpaid property taxes; (iii) in default on such mortgage
and subject to an application or proceedings for a sheriff sale for
unpaid claims, debts, or obligations; or (iv) in default on such mortgage
and has been transferred to a mortgagee by deed in lieu of foreclosure,
or any similar document. The designation of real property as "abandoned
real property" shall continue and remain in place until such time
as the real property is sold or transferred to a new owner, the foreclosure
action is dismissed, or any default on the mortgage has been cured.
Kittanning Borough.
Borough Council of the Borough of Kittanning.
A room typically used for storage that is located in the
basement of a building and is not used for commercial, industrial,
or residential purposes.
Any business that relates to the exchange of goods or services.
A building that is used, or partially used, for commercial
business activities. Commercial buildings include, but are not limited
to, stores, offices, schools, churches, gymnasiums, libraries, museums,
hospitals, clinics, warehouses, and jails.
Cast aside as useless or undesirable.
The animal or vegetable waste resulting from the handling,
preparation, cooking and the consumption of food.
Any occupied floor of a building with direct access to grade,
that is located less than one story above, or less than one story
below grade, provided that no portion of a floor that constitutes
a cellar as defined in this article a "ground floor"
Livable; with reference to this chapter, a structure with
a hard roof and sides that is equipped with heat, electricity and
functional plumbing, and is capable of being lived in without undue
risk to human health and safety.
Any business that relates to the production or manufacture
of goods.
Property or design for, or used by, companies or persons
for manufacturing, warehousing or assemblage of components.
Written notice of a violation, pursuant to first-class mail,
to the last known address of the owner of the property in question.
Any building or structure where one or more persons actually
conducts a lawful business or resides 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 business, or any combination
of the same.
Any person (i) having a legal or equitable interest in a
property; (ii) having a legal interest in a property recorded in the
official records of the state, county or municipality as holding title
to the property; or (iii) otherwise having control of the property
including the guardian of the estate of any such person and the executor
or administrator of the estate of such person if ordered to take possession
of real property by a court.
An individual, corporation, partnership, financial institution,
bank credit union, savings and loan company, investment firm, government
agency, government authority, municipal corporation or any other group
acting as a unit.
Any portion of unimproved or improved real estate located
within the Borough of Kittanning which includes the buildings or structures
located on it regardless of condition.
Any building, structure or property, which, because of physical
condition, use or occupancy is considered to be an attractive nuisance
to minors or uninvited persons.
Any building or structure which, because it is dilapidated,
unsanitary, unsafe, insect or vermin-infested or lacking in the facilities
and equipment required by the ordinances of Kittanning Borough and
has been designated by the Borough as a public nuisance.
Any structure which is a fire hazard, a structural hazard, or
is otherwise dangerous to the safety of any persons or any property.
Any building or structure which lacks, or has rendered inoperable,
fire protection systems as required by the applicable codes and ordinances.
Any structure from which water, plumbing, heating, sewage or
other facilities have been disconnected, destroyed, removed or rendered
ineffective, so that the property creates a hazard to neighboring
properties.
Any building or structure which, for reason of neglect or lack
of maintenance, has become a place for the accumulation of refuse,
a haven for insects, rodents or other vermin.
Any building or structure which, as a result of its dilapidated,
unsanitary, unsafe, insect-, rodent- or vermin-infested condition
creates damage or a risk of damage to a neighboring property.
Materials that are abandoned, discarded, or destined for
recycling. The term includes rubbish, garbage, scrap metal, tires,
appliances, vehicles, general trash, construction/demo debris, etc.
Combustible and noncombustible waste materials, except garbage.
The term shall include the residue from the burning of wood, coal
coke, and other combustible materials, paper, rags, cartons, boxes,
wood, excelsior, rubber, leather, tree branches, yard trimmings, tin
cans, metals, mineral matter, glass, crockery and dust, construction/demo
debris and other similar materials.
Any facade located on the ground floor of a commercial building
having one or more storefront windows.
Any window of any commercial building that permits an unobstructed
public view into the interior of the building from any immediately
adjacent street, sidewalk, or right-of-way.
A building or structure, or portion thereof, where no person
or persons currently conducts a lawfully licensed business or where
no person or persons lawfully reside in or live as the legal or equitable
owner(s) or tenant occupant(s) or owner-occupant(s) or tenant(s),
on a permanent nontransient basis.
A property or structure, or portion thereof, that is unoccupied
for more than 60 days or has been subject of (i) a mortgage foreclosure
action or notice; (ii) a bankruptcy sale or notice; (iii) a delinquent
tax sale or notice, or (iv) a mortgage foreclosure action where the
title to the property has been retained by the beneficiary of a deed
or trust involved in the foreclosure or transferred under a deed in
lieu of foreclosure/sale.
Storefront where no person or persons currently conduct a
lawfully licensed business.
An opening in a building that has a glass casement for permitting
natural light into a building.
A visual representation of information or graphics for viewing
by the public in a window.
A sign that is painted on, applied, attached to a window,
or that is located within the interior of a structure and that is
plainly visible and is erected, constructed or maintained for the
primary purpose of being viewed from the exterior of that structure.
This chapter shall be applicable to all abandoned real property, buildings and structures and all vacant real property, buildings and structures, including any public nuisance, as defined in § 520-2 of this chapter, located within the geographical confines of the Borough of Kittanning, Armstrong County, Pennsylvania, that have been vacant for more than 60 consecutive days and to each owner, interest holder, or local agent of any such abandoned real property or vacant building or structure, without regard to whether such owner, interest holder, or local agent is a public, private, governmental, commercial, industrial, residential, institutional, non-profit, or for-profit person.
A.
An owner shall register a vacant or abandoned property with the Borough
Council or designee, on a form or forms provided by the Borough and
pay the appropriate registration fee.
B.
Registration shall contain: (i) the name of the owner(s) of the property;
(ii) the direct street/office mailing address of the owner(s) (no
P.O. box addresses are permitted); (iii) a direct contact name and
phone number for the owner(s); (iv) the local property management
company responsible for the security, maintenance and marketing of
the property (if applicable); (v) the date of vacancy; and (vi) any
other information deemed necessary by the Borough Council or designee.
C.
Registration fees shall not be prorated.
D.
Properties subject to registration under this chapter shall remain
under the registration fee requirement for as long as they remain
vacant.
E.
Each vacant building or structure shall be registered with the Borough
within 180 days of the date such building or structure becomes a vacant
building or structure, and annually thereafter by July 15, for each
subsequent calendar year, if such building or structure continues
to be a vacant building or structure during each subsequent calendar
year, until such time as such building or structure ceases to be a
vacant building or structure.
The Borough Council or designee shall establish a registry cataloging each abandoned property with the Borough, containing the information required by § 520-4 of this chapter.
The registration fee shall be established by resolution of the
Borough Council.[1] The fee structure is based on the number of years the
building, storefront, or portion thereof, has been vacant under its
current ownership.
[1]
Editor's Note: The fee schedule is on file in the Borough
offices.
A waiver of fees may be granted for the current year if the
following conditions are met:
A.
All local municipal fees are paid in full;
B.
A good-faith effort is shown to rent, sell, or lease the space. Good-faith
efforts include contracts with realtors, newspaper ads, window signs,
or other methods provided that the effort is actually likely to generate
interest in the property and the owner is actually willing to rent,
sell or lease;
C.
Pricing is consistent with similar buildings;
D.
The building is in compliance with all Borough codes and ordinances
and is habitable; or
E.
Other good cause as determined by a majority vote of Council.
If the status of the registration information changes during
the course of any calendar year, it is the responsibility of the new
owner, his or her representative, or agent for the same to notify
the Borough Council or designee in writing within 30 days of the occurrence
of such change.
A.
Each owner or interest holder of vacant or abandoned real property
buildings or structures not providing a residence, office or business
location with an address within the geographical confines of 15 miles
from the Borough boundary shall designate a local agent and shall
provide the complete name, address, telephone number and email address
(if applicable) of such local agent on the registration form filed
with the Borough.
B.
Such owner or interest holder shall also provide a statement signed
by the local agent whereby the local agent accepts the designation
as local agent of such owner or interest holder, which signed statement
shall be an acknowledgment of the local agent of the requirements,
responsibilities, and obligation under the ordinance.
C.
With such designation, a local agent shall be authorized by such
owner or interest holder to accept service of process, notices, statements,
invoices and other communications resulting from or related to this
chapter on behalf of such owner or interest holder. With such designation
a local agent shall be responsible for providing the Borough Council
or designee with access to the abandoned property or vacant building
or structure for the purposes of making inspections, maintaining and
securing the abandoned real property, building or structure or vacant
real property, building or structure, and responding to any emergency
associated with the abandoned real property, building or structure
or vacant property, building or structure or structure affecting the
public health, safety or welfare.
D.
Each owner and interest holder and each respective local agent shall
be jointly and severally responsible for compliance with ordinances
of the Borough and the laws of the Commonwealth of Pennsylvania as
applied to the abandoned property or vacant property, building or
structure.
A.
An inspection must be completed within 90 days of the initial registration, including any owner or owners or interest holder seeking a waiver of fees pursuant to § 520-7 of this chapter.
B.
A subsequent inspection must be completed within 90 days after a waiver of fees is granted, pursuant to § 520-7 of this chapter, to determine whether the owner or owners or interest holder in the property remain in compliance with the conditions of § 520-7 of this chapter. A third inspection must be completed within an additional 180 days after a waiver of fees is granted, pursuant to § 520-7 of this chapter, to determine whether the owner or owners or interest holder in the property remain in compliance with the conditions of § 520-7 of this chapter.
C.
In addition, an annual inspection of a registered abandoned building
or structure or vacant building or structure shall be performed by
the Borough to determine if it complies with the minimum requirements,
as determined by the Code official, of any and all applicable property
maintenance codes, Ordinances of the Borough of Kittanning, the Pennsylvania
Uniform Construction Code, any and all applicable building codes/laws,
any and all fire prevention codes/laws, and the laws of the Commonwealth
of Pennsylvania.
D.
If any violations of the applicable laws/codes outlined in § 520-10C of this chapter are identified, the Borough shall issue a notice of violation as per the requirements of those codes and give notice to the owner to comply with the codes by issuing a time to cure. If the violations are not corrected within the time given, the property may be declared a public nuisance and the Borough may pursue any and all available remedies, both in law and in equity, both civilly and criminally.
E.
These annual inspections must occur within 45 days of the anniversary
date of the annual registration date. Inspection costs will be determined
by the Borough.
[Amended 2-1-2021 by Ord. No. 542-2021]
A.
If the owner or his/her representative cannot be available at the
proposed time, said owner or representative shall provide written
notice to the Borough no less than 24 hours prior to the proposed
time.
B.
Upon failure to give such written notice, or upon failure to gain
entry, an administrative fee as established by the Borough's then-current
schedule of fees will be assessed against the owner or representative
of the owner. After two incidents of rescheduling, each further rescheduling
will result in an administrative fee of two times the administrative
fee as established by the Borough's then-current schedule of fees.
C.
Failure to pay administrative fees shall constitute a violation of
this chapter or any applicable law/ordinance including, but not limited
to, the ordinances of the Borough.
D.
Failure of an owner or his/her responsible agent to appear for a
scheduled inspection shall be considered probable cause for obtaining
a search warrant to inspect the premises.
Nothing in this chapter shall preclude the Borough from performing
an inspection upon receipt of a complaint or violation of the ordinances
of the Borough at the building or structure so reported. Said inspections
shall be in accord with the applicable codes and ordinances and regulations
and policies established by the Borough.
A.
Properties subject to registration under this chapter shall be kept
free of weeds, high grass, dry brush, dead vegetation, trash, garbage,
junk, debris, rubbish, 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,
vehicle or vehicle parts, or any other items that give the appearance
that the property is abandoned.
B.
The property shall be maintained free of graffiti, tagging or similar
markings.
C.
Visible front and side yards shall be landscaped and maintained.
Landscaping includes, but is not limited to, grass, ground covers,
bushes, shrubs, hedges or similar plantings, decorative rock or bark,
or artificial turf/sod. Landscaping does not include weeds, gravel,
broken concrete, asphalt, plastic sheeting, indoor-outdoor carpet
or any similar material unless approved by the Borough.
D.
Pools and spas shall be kept in working order so the water remains
free and clear of larvae, pests, pollutant and debris, or drained
and kept dry. A property with a pool or spa, whether in working order
or drained, must comply with the minimum security fencing requirements
of the relevant ordinances of the Borough.
E.
Adherence to this chapter does not relieve any property owner of
any obligations set forth in any other ordinance of the Borough.
F.
A property owner required to register a property under this chapter
shall have 30 days to comply with these maintenance requirements.
A.
Properties subject to registration under this chapter shall be maintained
in a secure manner so as not to be accessible to unauthorized person,
vermin, and any other pests.
B.
Secure manner includes, but is not limited to, the closure and locking
of windows, doors (walk-through, sliding and garage), gates, and any
other opening of such size that it may allow an uninvited person to
access the interior of the property and/or structure(s). In the case
of broken windows, securing means the re-glazing or boarding of the
window.
C.
If the property has been condemned, the property shall be posted
with the name and twenty-four-hour contact phone number of the owner
and local property management company. The posting shall be no less
than 8 1/2 inches by 11 inches and shall be of a font that is
legible, written in English, and shall contain, along with the name,
the Borough of Kittanning vacant properties registration number, a
twenty-four-hour contact number, and the words "This property managed
by" and "to report problems or concerns call..."
D.
The posting shall be placed on the interior of the window facing
the street to the front of the property, or if no such area exists,
on an area of sufficient size to support the posting in a location
that is visible to the front of the property yet not readily accessible
to vandals. Exterior posting must be constructed of, and printed with,
weather-resistant materials.
A.
If the Borough has reason to believe that a property subject to the
provisions of this chapter is posing a serious threat to the public
health, safety and welfare, the Borough may temporarily secure the
property at the expense of the mortgagee and/or owner. In such event,
the Borough may pursue any remedies, both in law and in equity, both
civilly and criminally, to be reimbursed for any such expenses incurred.
B.
In the event the condition of the property poses a serious threat
to the public health, safety and welfare, the Magisterial District
Justice may direct the Borough to abate the violations and charge
the mortgagee/owner with the costs of such abatement.
C.
In addition to all other remedies, if the mortgagee/owner does not
reimburse the Borough for the costs of temporarily securing the properly,
or of any abatement directed by the Magisterial District Justice,
within 30 days of the Borough sending the mortgagee/owner the invoice,
then the Borough may lien the property and such costs, along with
imposing an administrative fee of $500, including all reasonable legal
and filing fees incurred.
Responsibility for compliance with this section includes any
person owning, leasing, maintaining or otherwise in possession or
control of any vacant storefront located within the Borough of Kittanning,
or any owner of the property upon which the vacant storefront is located.
The vacant storefront of a commercial building located in the
Borough shall be maintained in good condition, kept neat, clean, secure,
lit and free of graffiti.
In order to improve the appearance of vacant storefronts and
improve overall security, any vacant storefront that is located within
the Borough shall contain a window display or other form of decorative
screen in each of the storefront windows not more than 60 business
days after the date on which the ground-floor premises first becomes
vacant. A variety of window displays are acceptable provided they
have a professional appearance, achieve a coverage of 60% to 100%
of the window of the vacant storefront, and are not offensive to the
general public. The Borough Council or designee shall approve all
window displays.
[Added 2-1-2021 by Ord. No. 542-2021]
Any person (as defined at § 520-2 of this chapter) violating any provision of this chapter shall, for every such violation, upon conviction, be sentenced to pay a fine of not less than $125 nor more than $1,000 in addition to the costs of prosecution and, in default of payment thereof, to undergo imprisonment for not more than 30 days. Upon proper notice (as defined at § 520-2 of this chapter) to a person, each day after such notice is given shall constitute a separate and distinct offense under this section.
[Added 2-1-2021 by Ord. No. 542-2021]
If a property is determined to be in violation under the terms of this chapter, each person who is a legal or equitable owner of the subject property shall be jointly and severally liable for compliance with this chapter and jointly and severally subject to the penalties set forth above at § 520-19.
