[HISTORY: Adopted by the Mayor and Council of the Borough
of Blawnox as indicated in article histories. Amendments noted where
applicable.]
[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:
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.
The area on Freeport Road between Center Avenue and Lewis
Avenue.
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.
Any person:
Having legal or equitable interest in a property;
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
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.
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.
Improved real estate, including buildings or structures.
Any facade located on the ground floor of a property having
one or more storefront windows.
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.
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.
A.
During each calendar year, the Borough will identify properties with
ground floors that are deemed vacant in the Community Business Area
as defined by this article.
B.
The vacancy "start date" shall be the date of mailing a written notification
by the Borough that the property's ground floor has been identified
as vacant. Should 45 days pass from the start date and the ground
floor remains vacant, the owner of the property shall be required
to pay a vacant property monitoring fee, to be established by resolution
of the Borough of Blawnox, as amended from time to time.
C.
There shall be no proration of said vacant property monitoring fee.
D.
The vacant property monitoring fee shall not be applicable to Properties
that are the subject of an active building permit for repair or rehabilitation,
and the owner is progressing diligently to complete said repairs of
rehabilitation.
A.
The vacant property monitoring fee shall be waived by the Borough, if, by the 45th day after the start date, as defined in § 416-3, all of the following conditions are met:
(1)
Street level exterior building components in which said ground floor
vacancy is identified are clean (including glass inside and out);
(3)
A professionally produced legal sign is prominently displayed promoting
the vacant space for sale and/or lease, providing, at least, a contact
phone number for information and showings. Said sign must be in compliance
with applicable sign ordinances, and at a minimum its font size must
be reasonably readable from the adjacent roadway; and
(4)
All local real estate taxes are paid in full.
B.
The monitoring fee may be revoked by the Borough if any of the above-required
conditions are not in place continuously until the vacant condition
no longer exists.
A.
If notified under § 416-3 above, the owner of a vacant property shall register with the Borough by providing the following information to the Code Enforcement Officer for the Borough:
(1)
Name of the owner;
(2)
Direct street/office mailing address of owner (no post office box
address allowed);
(3)
Direct contact name and phone number for owner;
(4)
Local property management company responsible for the security, maintenance,
and marketing of the property, if applicable; and
(5)
Any other information deemed necessary by the Code Enforcement Officer.
B.
Said registration shall be updated by owner annually.
C.
If the status of the information provided by the owner changes, the
owner shall notify the Code Enforcement Officer of the Borough of
any such change, in writing, within 30 days of such change.
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.
