[HISTORY: Adopted by the Borough Council of the Borough of
Etna 6-20-2017 by Ord. No. 1371. Amendments noted where applicable.]
Ordinance No. 1349 of 2013 is repealed in its entirety.
The requirements of this chapter shall be applicable to every
property in the C-1 Zoning District in the Borough of Etna and to
each owner of any property in the C-1 Zoning District that has a vacant
"ground floor" space, as defined by this chapter.
As used in this chapter, the following words and phrases shall
have the meanings indicated unless the context clearly indicates a
different meaning:
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.
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 a floor that constitutes a cellar
(as defined in this article) shall constitute a ground floor.
Improved real estate, including buildings or structures.
A building or structure space shall be deemed to be vacant
if no person or persons currently conduct a lawfully licensed use
in said space.
A.
During each calendar year, the Borough will identify ground-floor
spaces in the C-1 Zoning District that are deemed "vacant," as defined
by this chapter.
B.
The vacancy "start date" shall be the date of mailing of a written
notification by the Borough that the subject property's ground-floor
space has been identified as vacant. On the 45th day after the start
date, should said ground-floor space remain vacant, as defined in
this chapter, the owner of the building in which said vacant space
is present shall be required to pay a vacant property monitoring fee,
to be established by resolution of the Borough of Etna. (Currently,
$500.)
C.
There shall be no proration of the monitoring fee.
D.
The monitoring fee shall not be imposed on vacant properties, as
defined in this chapter, that are the subject of an active building
permit for repair or rehabilitation, and the owner is progressing
diligently to complete said repair or rehabilitation.
A.
The monitoring fee, as required herein, shall be waived in full by the Borough of Etna, if, by the 45th day after written notification as described in § 552-4 herein, all of the following conditions are present:
(1)
Street-level exterior building components in which said ground-floor
vacancy is identified are clean (including glass inside and out).
A minimum of 70% window transparency must be maintained.
(2)
The property is not in violation of any provision of the Etna Borough's
Property Maintenance Code (specifically, all applicable International
Property Maintenance Code provisions), or any other Borough ordinance.
(3)
A professionally produced legal sign is prominently displayed promoting
the vacant space for sale and/or for lease, providing (at least) a
contact phone number for information and showings. Said sign must
be in compliance with applicable sign ordinance(s), and at minimum
its font size must be reasonably readable from the adjacent roadway.
Handwritten signs are not permitted relative to this requirement.
(4)
All local real estate taxes are paid in full.
B.
The monitoring fee waiver 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.
If any section, subsection, sentence or clause of this chapter
is held, for any reason, to be invalid, such decision or decisions
shall not affect the validity of the remaining portions of this chapter.
