[Adopted 5-13-2010 by Ord. No. 1208 (Ch. 118A, Art. I, of
the 1999 Code)]
The Council finds as follows:
1. When the owner of a vacant building
fails to actively maintain and manage the building, the building can
become a major cause of blight in both residential and nonresidential
neighborhoods. Vacant buildings that are boarded, substandard or unkempt
properties, and long-term vacancies discourage economic development
and retard appreciation of property values.
2. It is the responsibility of property
ownership to prevent owned property from becoming a burden to the
neighborhood and community and a threat to the public health, safety,
or welfare.
3. One vacant property that is not
actively and well maintained and managed can be the core and cause
of spreading blight.
4. Owners of multiple buildings,
either concurrently or serially, that are vacant and a blight to the
community are a significant problem in the Borough. Owners of multiple
buildings who fail to correct deficiencies and blight conditions contribute
to the decline of neighborhoods to a greater extent than owners who
own only one building. Some owners have acquired multiple vacant and
blighted buildings at depressed prices and have not improved or cared
for the properties. It is in the interest of the welfare of neighborhoods
that owners of multiple properties who fail to maintain properties
and correct vacant and blighted buildings are subject to imposition
of higher administrative penalties in order to encourage these owners
to correct violations of this article in a prompt manner.
No owner shall allow a building designed for human use or occupancy
to be a vacant building for more than 30 days, unless one of the following
applies:
1. The building is the subject of
an active building permit for repair or rehabilitation and the owner
is progressing diligently to complete the repair or rehabilitation.
2. The building meets all codes,
does not contribute to blight, is ready for occupancy, and is:
A. Actively being offered for sale,
lease, or rent; or
B. Actively being maintained and monitored by the owner, as defined in §
4-105.
Active maintenance and monitoring shall include all of the following:
1. Maintenance of landscaping and
plant materials in good condition.
2. Maintenance of the exterior of
the building, including but not limited to paint and finishes, in
good condition.
3. Regular removal of all exterior
trash, debris and graffiti.
4. Maintenance of the building in
continuing compliance with all applicable codes and regulations.
5. Prevention of criminal activity
on the premises, including but not limited to the use and sale of
controlled substances, prostitution and criminal street gang activity.
6. The posting of a notice in a conspicuous
place on the front of the building stating the name, address, and
telephone number of both the owner and, if applicable, the owner's
agent in control of the building. This notice shall have lettering
not less than two inches high and shall be generally readable from
at least 30 feet away.
Any vacant building that also constitutes a public nuisance
as defined in this article shall be subject to monthly monitoring
fees and enforcement response fees to recover the Borough's regulatory
costs to monitor and respond to the vacant building. The separate
monthly monitoring fee and enforcement response fee shall be set by
resolution of the Borough Council. The monitoring fee shall be applicable
even in the absence of any action, administrative or otherwise, by
the Borough pursuant to any other provision of the Borough Code. The
monitoring fee shall be imposed upon the initial determination that
the vacant building constitutes a public nuisance as defined in this
article. The fee shall thereafter be imposed in each thirty-day period
following the imposition of the initial monitoring fee. On buildings
requiring more than one involuntary Borough enforcement response within
any thirty-day period, an additional and separate enforcement response
fee shall be imposed, for each response, upon the owner. Monitoring
fees shall be imposed as long as the vacant building remains a public
nuisance as defined in applicable provisions of the Borough Code.
[Adopted 1-8-2015 by Ord.
No. 1233-2015; amended 3-9-2017 by Ord. No. 2017-03 (Ch. 118, Art. II,
of the 1999 Code)]
As used in this article, the following terms shall have the
meanings indicated:
BLIGHTING INFLUENCE
Any structure that, whether vacant or otherwise:
1.
Has one or more window openings that is/are boarded up, and/or
is lacking a secured or securable window with frames and glazing and/or
has one or more exterior doorways that is/are boarded up or otherwise
lacking a functioning and securable exterior door; and
2.
Is located on a block that predominately consists of structures
60% or more of which are occupied.
OWNER
Any person, agent, operator, firm or corporation having a
legal or equitable interest in a structure, including owner(s) of
record identified in the official records of the Allegheny County
Department of Real Estate, guardian(s) of the estate of an owner,
executor(s) or administrator(s) of the estate of an owner, or anyone
having a right of possession and control of a structure pursuant to
court order.
STRUCTURE
A structure used as a place of residence or business for
a natural person or persons or a former place of residence for a natural
person or persons or a place of business or former place of business
that is or has become unoccupied.
Any owner who shall violate any provision of this article shall,
upon conviction thereof, be sentenced to pay a fine not exceeding
$1,000, and in default of payment thereof to undergo imprisonment
for a term not to exceed 30 days. Each day that a violation continues
beyond the date fixed for compliance shall constitute a separate offense.
This article is intended to supplement other ordinances and
codes of the Borough pertaining to property maintenance and blight
abatement and shall only repeal such words, sentences, clauses, etc.
of any conflicting ordinance or code to the extent necessary to cure
the conflict.