[Adopted 6-14-2018 by Ord. No. 601]
The requirements of this article shall apply to every property
in the C-1A and C-1 Zoning Districts located on Freeport Road between
Center Avenue and Lewis Avenue, in the Borough of Blawnox, that has
a vacant ground floor space, as defined by this article.
As used in this article, the following words and phrases shall
have the meanings indicated unless the context clearly indicates otherwise:
CELLAR
A room typically used for storage and mechanical equipment
that is located in the basement of a building and is not used for
commercial or residential purposes.
GROUND FLOOR
Any 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 the floor that constitutes a cellar
(as defined in this article) shall constitute a ground floor.
OWNER
Any person:
A.
Having legal or equitable interest in a property;
B.
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
C.
Otherwise having control of the property, including 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.
PERSON
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.
PROPERTY
Improved real estate, including buildings or structures.
STOREFRONT
Any facade located on the ground floor of a property having
one or more storefront windows.
VACANT
A building or structure space shall be deemed vacant if no
person or persons, as defined by this article, are currently conducting
a lawfully licensed use in said space.
WINDOW
Any window of any property that permits an unobstructed public
view into the interior of the property from any immediately adjacent
street, sidewalk, or right-of-way.
Once identified by the Borough as being a vacant property with
a storefront, the owner of said property shall be responsible for
the following requirements:
A. Maintenance. The vacant storefront of a property located in the Community
Business Area shall be maintained in good condition, kept neat, clean,
secure, free of graffiti, and lighted.
B. Window display requirement. Not more than 45 days after receiving
notice of a property deemed vacant, the owner of said property shall
cause the storefront window to contain a window display, or other
form of decorative screen. A variety of window displays are acceptable,
provided they have a professional appearance, achieve a desired coverage
of 60% to 100%, and are not offensive to the general public. All window
displays are to be approved by the Code Enforcement Officer.
C. Security. Properties that are deemed vacant shall be maintained in
a secure manner so as not to be accessible to unauthorized persons,
vermin, and other pests. Security may be provided in such a manner,
including, but not limited to, closure and locking of windows, gates
and any other openings of such size that may allow an uninvited person
to access the interior of the property.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any person who violates or permits a violation of this article
shall, upon conviction in a summary proceeding under the Pennsylvania
Rules of Criminal Procedure, be guilty of a summary offense and shall
be punishable by a fine of not more than $1,000, plus court costs
and reasonable attorneys' fees incurred by the Borough in the enforcement
proceedings. Upon judgment against any person by summary conviction,
or by proceedings by summons on default of the payment of the fine
or penalty imposed and the costs, the defendant may be sentenced and
committed to the county correctional facility for a period not exceeding
30 days. Each day that such violation exists shall constitute a separate
offense, and each section of this article that is violated shall also
constitute a separate offense. In addition to or in lieu of enforcement
under this section, the Borough may enforce this article in equity
in the Court of Common Pleas of Allegheny County.
If any section, subsection, sentence, or clause of this article
is held, for any reason, to be invalid, such a decision or decisions
shall not affect the validity of the remaining portions of this article.
All ordinances or parts of ordinances which are inconsistent
herewith are hereby repealed.