[Ord. 1009, 10/20/2015]
The Borough of Stroudsburg hereby elects to administer and enforce
the provisions of the Pennsylvania Construction Code Act, Act 45 of
1999, 35 P.S. § 7210.101 et seq., as amended from time to
time, and its regulations.
[Ord. 1009, 10/20/2015]
The Uniform Construction Code, contained in 34 Pa. Code, Chapters
401-405, as amended from time to time, is hereby adopted and incorporated
herein by reference as the municipal building code of the Borough
of Stroudsburg.
[Ord. 1009, 10/20/2015]
1.
Administration and enforcement of the code within the Borough of
Stroudsburg shall be undertaken in any of the following ways as determined
by the governing body of this municipality from time to time by resolution:
A.
By the designation of the Code Enforcement Official of the Borough
of Stroudsburg to serve as the municipal code official to act on behalf
of the municipality;
B.
By the retention of one or more construction code officials or third-party
agencies to act on behalf of the municipality;
C.
By agreement with one or more other municipalities for the joint
administration and enforcement of this Act through an intermunicipal
agreement;
D.
By entering into a contract with another municipality for the administration
and enforcement of this Act on behalf of the municipality;
E.
By entering into an agreement with the Pennsylvania Department of
Labor and Industry for plan review, inspections, and enforcement of
structures other than one-family or two-family dwelling units and
utility and miscellaneous use structures.
2.
Any person or business entity or third-party entity retained to act
as a construction code official shall be duly appointed as a municipal
official for the purpose of codes enforcement in the Borough of Stroudsburg.
Should the person, business entity or third-party agency utilize the
services of their/its own counsel to prosecute code enforcement actions,
then said counsel shall be specially appointed by the Borough Council
to prosecute on behalf of the Borough.
[Ord. 1009, 10/20/2015]
All documents submitted to or developed by the construction
code official as part of the official duties of the construction code
official shall be kept at the Borough in accordance with the provisions
of the code. All fees, charges, and assessments charged by the construction
code officials pursuant to the Borough Fee Schedule shall be made
payable to the Borough of Stroudsburg. All financial records regarding
the inspection and enforcement of the code in the Borough shall be
made available to the Borough Council, or subcommittees thereof, and/or
the Borough auditors in a reasonable period upon demand.
[Ord. 1009, 10/20/2015]
The duly appointed construction code official and Borough of
Stroudsburg Codes Officer shall coordinate the issuance of any permits
or certificates of occupancy, where relevant, to ensure that the permit
holder is in compliance with both the Uniform Construction Code and
the Borough Code of Ordinances, as set forth therein.
[Ord. 1009, 10/20/2015]
1.
A Board of Appeals shall be established by ordinance or resolution
of the governing body of the Borough of Stroudsburg in conformity
with the requirements of the relevant provisions of the code, as amended
from time to time, and for the purposes set forth therein. If at any
time enforcement and administration is undertaken jointly with one
or more other participating municipalities, said Board of Appeals
shall be established by joint action of the participating municipalities
as required by law.
2.
The construction code official shall coordinate all appeals from
the construction code official's decisions with the Appeals Board,
its solicitor or its designee to ensure the collection of appropriate
fees charged for appeals as well as to ensure that the time frames
and procedures set forth in the Municipalities Planning Code, the
Borough Code, the Uniform Construction Code, the Borough of Stroudsburg
Code of Ordinances, and/or the Appeals Board rules and regulations
governing appeals from the decisions of the construction code official
are followed.
[Ord. 1009, 10/20/2015]
1.
Chapter 12, Sections 12.9 through 12.14, as adopted on 12-17-2002,
is hereby rescinded.
2.
All building code ordinances, including portions of said ordinances, including Chapter 44, which conflict with the provisions of the code or this Part 5 are hereby rescinded only to the extent that the ordinance or portions thereof conflict with the code or this Part 5. All references in Chapter 44 to municipalities other than Borough of Stroudsburg shall be stricken and replaced with Borough of Stroudsburg.
3.
All relevant ordinances, regulations, and policies of the Borough
of Stroudsburg not governed by the code shall remain in full force
and effect.
[Ord. 1009, 10/20/2015]
Fees assessed by the Borough of Stroudsburg for the administration
and enforcement undertaken pursuant to this Part and the code shall
be established by the governing body by ordinance from time to time.
[Ord. No. 1063, 1/2/2019]
As used in this subpart, the following terms shall have the
meanings indicated:
Includes the title holder, any agent of the title holder
having authority to act with respect to a vacant property, and any
foreclosing entity, or any other entity determined by the Borough
of Stroudsburg to have authority to act with respect to the property.
Any portion of improved or unimproved real estate located
within the Borough of Stroudsburg which includes the buildings or
structures, or portions thereof located on it regardless of condition.
Any building or structure which is not at present legally occupied
or at which all lawful business or construction operations or residential
or other occupancy have ceased for a period of six months, including,
but not limited to, any property meeting any of the definitions of
"vacant property" below:
The property is in need of rehabilitation according to the adopted
version of the International Property Maintenance Code as determined
by the Code Enforcement Official, and no rehabilitation has taken
place during that six-month period; or
Construction was initiated on the property and was discontinued
prior to completion, leaving the building unsuitable for occupancy,
and no construction has taken place for at least six months as of
the date of a determination by the Code Enforcement Official pursuant
to this section.
A property which contains both residential and nonresidential
space may be considered abandoned so long as two-thirds or more of
the total net square footage of the building was previously legally
occupied as residential space and none of the residential space has
been legally occupied for at least six months at the time of the determination
of abandonment by the Code Enforcement Official.
Any area within a building or structure that may be individually
leased or rented for any purpose other than residential use which
is not present legally occupied or at which all lawful business or
construction operations or other occupancy have substantially ceased
for a period of six months.
[Ord. No. 1063, 1/2/2019]
1.
The owner of any vacant property or vacant storefront as defined
herein shall, within 30 calendar days after the building becomes a
vacant property or storefront or within 30 calendar days after assuming
ownership of the vacant property or vacant storefront, whichever is
later, or within 10 calendar days of receipt of notice by the municipality,
file a registration statement for such vacant property or storefront
with the Code Enforcement Official on forms provided by the Borough
for such purposes. Failure to receive notice by the municipality shall
not constitute grounds for failing to register the property.
A.
Each property having a separate block and lot number as designated
in official records of the municipality shall be registered separately,
and only one statement is required for a property that meets both
the definition of "vacant property" and "vacant storefront."
B.
The registration statement shall include the name, street address,
telephone number, and e-mail address (if applicable) of a person 21
years or older, designated by the owner or owners as the authorized
agent for receiving notices of code violations and for receiving process
in any court proceeding or administrative enforcement proceeding on
behalf of such owner or owners in connection with the enforcement
of any applicable code; and the name, street address, telephone number,
and e-mail address (if applicable) of the firm and the actual name(s)
of the firm's individual principal(s) responsible for maintaining
the property. The individual or representative of the firm responsible
for maintaining the property shall be available by telephone or in
person on a twenty-four-hour-per-day, seven-day-per-week basis. The
two entities may be the same or different persons. Both entities shown
on the statement must maintain offices in the State of Pennsylvania
or reside within the State of Pennsylvania.
C.
The registration shall remain valid for one year from the date of registration, except for the initial registration time, which shall be prorated through December 31. The owner shall be required to renew the registration annually as long as the building remains a vacant property or a portion thereof remains a vacant storefront and shall pay a registration or renewal fee in the amount prescribed in § 5-513 of this subpart for each vacant property registered or vacant storefront. The owner shall be required to renew the registration annually as long as the building remains a vacant property or vacant storefront and shall pay a registration or renewal fee in the amount prescribed in § 5-513 of this subpart for each vacant property or vacant storefront registered.
D.
The annual renewal shall be completed by January 1 each year. The
initial registration fee shall be prorated for registration statements
received less than 10 months prior to that date.
E.
The owner shall notify the Code Enforcement Official within 30 calendar
days of any change in the registration information by filing an amended
registration statement on a form provided by the Code Enforcement
Official for such purpose.
F.
The registration statement shall be deemed prima facie proof of the
statements therein contained in any administrative enforcement proceeding
or court proceeding instituted by the Borough against the owner or
owners of the property.
[Ord. No. 1063, 1/2/2019]
The owner of any vacant property or vacant storefront registered
under this subpart shall provide access to the Borough to conduct
exterior and interior inspections of the building to determine compliance
with municipal codes, upon reasonable notice to the property owner
or the designated agent. Such inspections shall be carried out on
weekdays during the hours of 9:00 a.m. to 4:00 p.m., or such other
time as may be mutually agreed upon between the owner and the Borough.
[Ord. No. 1063, 1/2/2019]
1.
An owner who meets the requirements of this subpart with respect
to the location of his or her residence or workplace in the State
of Pennsylvania may designate himself or herself as agent or as the
individual responsible for maintaining the property.
2.
By designating an authorized agent under the provisions of this section,
the owner consents to receive any and all notices of code violations
concerning the registered vacant property or storefront and all process
in any court proceeding or administrative enforcement proceeding brought
to enforce code provisions concerning the registered property by service
of the notice or process on the authorized agent. Any owner who has
designated an authorized agent under the provisions of this section
shall be deemed to consent to the continuation of the agent's
designation for the purposes of this section until the owner notifies
the Borough of Stroudsburg in writing of a change of authorized agent
or until the owner files a new annual registration statement.
3.
Any owner who fails to register a vacant property or vacant storefront
under the provisions of this subpart shall further be deemed to consent
to receive, by posting on the building, in plain view, and by service
of notice at the last known address of the owner of the property on
record within the Borough of Stroudsburg by regular and certified
mail, any and all notices of code violations and all process in an
administrative proceeding brought to enforce code provisions concerning
the building.
[Ord. No. 1063, 1/2/2019]
1.
The initial registration fee for each building or portion thereof
shall be $500. The fee for the first renewal is $1,500, and the fee
for the second renewal is $3,000. The fee for any subsequent renewal
beyond the second renewal is $5,000. In the event that a property
meets the definition of both a "vacant property" and "vacant storefront,"
and it contains the same block and lot number as designated in official
records of the Borough, there shall only be one registration fee applied.
[Ord. No. 1063, 1/2/2019]
1.
The owner of any building or storefront that has become vacant and
any person maintaining or operating or collecting rent for any such
building that has become vacant shall, within 30 days thereof:
A.
Enclose and secure the building and/or storefront against unauthorized
entry as provided in the applicable provisions of the Borough Code,
or as set forth in the rules and regulations supplementing those codes;
B.
Post a sign affixed to the building and/or storefront indicating
the name, address and telephone number of the owner, the owner's
authorized agent for the purpose of service of process (if designated
pursuant to this subpart), and the person responsible for the day-to-day
supervision and management of the building, if such person is different
from the owner holding title or authorized agent. The sign shall be
of a size and placed in such a location so as to be legible from the
nearest public street or sidewalk, whichever is nearer, but shall
be no smaller than eight inches by 10 inches;
C.
Secure the building and/or storefront from unauthorized entry and
maintain the sign until the building is again legally occupied or
demolished or until repair or rehabilitation of the building and/or
storefront is complete;
D.
Ensure that the exterior grounds of the structure or storefront,
including yards, fences, sidewalks, walkways, rights-of-way, alleys,
retaining walls, attached or unattached accessory structures and driveways,
are well maintained and free from trash, debris, loose litter, and
grass and weed growth;
E.
Continue to maintain the structure in a secure and closed condition,
keep the grounds in a clean and well-maintained condition, and ensure
that the sign is visible and intact until the building is again occupied
or demolished, or until repair and/or rehabilitation of the building
is complete; and
F.
Continue to maintain the property consistent with the requirements
of the Borough Code.
2.
All areas of vacant storefronts visible to the public from the public
street or sidewalk must be maintained in broom-clean condition and
free of litter and debris.
[Ord. No. 1063, 1/2/2019]
1.
A waiver of the registration fee set forth herein may be granted,
upon application, by the Borough Manager for the current year if the
following conditions are met:
A.
All local municipal fees are paid in full; and
B.
A consistent good faith effort is shown to market, rent, sell, or
lease the vacant property or storefront. Good faith efforts include
but are not limited to contracts with a real estate licensee, newspaper
advertisements, electronic advertisements or other methods, list of
interested lessees, provided that the effort is actually likely to
generate interest in the property and the owner is actually willing
to rent, sell or lease, and the pricing is consistent with other similar
properties or portions thereof as attested by a real estate licensee
as licensed by the Pennsylvania Real Estate Commission. The mere placement
of a "for sale" or "for rent or lease" sign on or in the building
in and of itself does not meet the requirements of this subsection.
[Ord. No. 1063, 1/2/2019]
1.
Any person who violates any provision of this subpart or of the rules
and regulations issued hereunder shall be fined not more than $600
for each offense. Every day that a violation continues shall constitute
a separate and distinct offense. Fines assessed under this subpart
shall be recoverable from the owner and shall be a lien on the property.
2.
For purposes of this section, failure to file a registration statement
within 30 calendar days after a building or portion thereof becomes
vacant property or a vacant storefront or within 30 calendar days
after assuming ownership of a vacant property or storefront, whichever
is later, or within 10 calendar days of receipt of notice by the municipality,
and failure to provide correct information on the registration statement,
or failure to comply with the provisions contained herein shall be
deemed to be violations of this subpart.
3.
The Code Enforcement Official of the Borough of Stroudsburg shall
be the enforcement agent of the within subpart. Violations of the
within sections of the Code shall be heard by the District Magistrate.
[Ord. No. 1063, 1/2/2019]
Should any section, paragraph, sentence, clause or phrase of
this subpart be declared unconstitutional or invalid for any reason,
the remaining portions of this subpart shall not be affected thereby
and shall remain in full force and effect, and to that end, the provisions
of this subpart are hereby declared to be severable.
