[Added by Ord. No. 2020-04, 12/1/2020]
1.
The problem of vacant and abandoned housing units and commercial
and other properties is a barrier to reducing crime, encouraging private
investment, and enhancing well-being of neighborhoods. It is the responsibility
of the property owners to prevent their buildings from becoming a
burden to the neighborhood and community, and a threat to the public
health, safety, and welfare. A neglected building or lot that is not
well maintained and managed can be the core and source of spreading
blight.
2.
The purpose of this Part is to return properties to productive use
by establishing a procedure for identifying and registering vacant
properties in the Township. It is the Township's further intent to
establish a mechanism to protect neighborhood from becoming blighted
due to the lack of adequate maintenance or security of vacant properties.
[Added by Ord. No. 2020-04, 12/1/2020]
Vacant properties as further defined herein shall constitute
a public nuisance.
[Added by Ord. No. 2020-04, 12/1/2020]
Unless otherwise expressly stated, the following words, whenever
used in this Part, shall be construed to have the meanings indicated
herein:
Some or all of the building's doors or windows have been
covered with plywood, wood or metal sheeting, paneling or other similar
materials, for the purpose of preventing entry into the building or
damage by persons, animals or the elements of weather.
Any structure used or intended for supporting or sheltering
any use or occupancy.
The Township Codes Enforcement Officer or his/her designee.
Any person, agent, operator, entity having a legal or equitable
interest in the property; or 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 the 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.
Any real property located in the Township and the structures
located thereon.
A local property manager, property maintenance company or
similar entity responsible for the maintenance of the vacant property.
A building or portion thereof which is no longer used or
occupied for its lawful purpose, including buildings ordered vacated
by the Enforcement Officer.
A property that is accessible through a compromised or breached
gate, fence or wall or a structure that is accessible in such a way
as to allow the interior space to be accessed by unauthorized persons
without the use of tools or ladders.
A parcel of land with no structures.
Residential, commercial and industrial buildings and vacant
lots which are:
Unoccupied for a period of 180 days or more; or
Unoccupied for a period of 60 days or more and abandoned (as
established by the Enforcement Officer's determination that the building
lacks utility service or is subject to a foreclosure action or tax
sale and/or there is a determination by the Chief of Police that the
property is attracting illegal activity).
[Added by Ord. No. 2020-04, 12/1/2020]
1.
The Enforcement Officer shall evaluate all properties in the Township suspected to be unoccupied and shall make a determination for each as to whether the property constitutes a "vacant property" within the meaning of § 10-603. The determination shall be in writing and shall state the factual basis for the determination.
2.
For properties determined to constitute vacant properties, the Enforcement
Officer shall send by certified mail, return receipt requested, notice
of the written determination to the owner of record listed on the
most recent Chester County tax duplicate. If the address of the owner
is unknown and cannot be ascertained by the Enforcement Officer in
the exercise of reasonable diligence, copies of the notice shall be
posted in a conspicuous place on the vacant property.
A.
The written notice shall set forth the factual basis for the determination,
set forth the appeals process, and require registration within 15
days of the date of mailing or posting, as the case may be.
3.
An appeal may be taken from the determination of the Enforcement
Officer within 15 days of the date of mailing or posting, as the case
may be, to the Township's UCC Appeals Board upon the deposit of a
fee set by the Board of Supervisors by resolution from time to time.
In the absence of a timely appeal, the determination of the Enforcement
Officer shall be final.
[Added by Ord. No. 2020-04, 12/1/2020]
1.
The owner of a vacant property shall register with the Codes Department
immediately upon vacancy or no later than 15 days after being notified
by the Enforcement Officer of the requirement to register.
2.
The registration shall be submitted with a fee (which shall be set
by the Board of Supervisors by resolution from time to time) on a
form provided by the Codes Department. The form shall include the
following information:
A.
A description of the property, e.g., square footage, number of stories,
age of the building, and most recent or current use of the structure;
B.
The names, addresses, telephone numbers and email addresses of the
owner or owners;
C.
The names, addresses, telephone numbers and email addresses of all
known lien holders and all other parties with a legal or equitable
ownership interest in the property;
D.
The name, addresses, telephone numbers and email addresses of the
property management company designated to act on the behalf of the
owner to accept legal process and notices and to authorize repairs
and maintenance as may be required; and
E.
Such other information the Enforcement Officer finds to be appropriate.
3.
Properties subject to this Part shall remain under an annual registration
and security requirement as long as they remain vacant. The owner
of the vacant property as of December 1 of each calendar year shall
be responsible for the annual payment of a nonrefundable registration
fee to be set by resolution of the Board of Supervisors from time
to time. The registration fee shall be billed by the Township on or
after January 1 of each year on a calendar-year basis.
4.
The property owner shall report to the Codes Department any change
in the information contained in the registration within 10 days of
the change.
5.
Vacant properties owned by the Township shall be subject to the registration
requirement of this Part, but shall not be subject to the fee or maintenance
requirements.
[Added by Ord. No. 2020-04, 12/1/2020]
1.
Vacant properties shall be maintained in a secure manner so as not
to be accessible to unauthorized persons.
2.
A "secure manner" shall include, but not be limited to, the closure
and locking of windows, doors, gates, fences and other openings of
such size that may allow a child to access the interior of the property
or structure. Broken windows, doors, gates, fences or other openings
that may allow a child to access the interior of the property or structure
shall be repaired. Broken windows shall be secured by reglazing of
the windows. Boarding may be an appropriate way to secure the property.
[Added by Ord. No. 2020-04, 12/1/2020]
Upon a written request for exemption by the owner to the Enforcement
Officer, a structure which has suffered fire damage or damage caused
by extreme weather conditions may be exempt from the registration
requirements of this Part for a period of time as determined by the
Enforcement Officer based on the scope of the damage to the property.
[Added by Ord. No. 2020-04, 12/1/2020]
This Part shall be considered cumulative and not superseding
or subject to any other law or ordinance or provision of the same,
but rather an additional remedy available to the Township above and
beyond any other commonwealth law or regulation, county law or regulation
or Township ordinance.
[Added by Ord. No. 2020-04, 12/1/2020]
Any person who shall violate or permits the violation of any
of the provisions of this Part shall be guilty of a summary offense
and, upon conviction thereof before a Magisterial District Judge,
shall be sentenced to pay a fine of not more than $1,000, plus all
costs of prosecution for each and every offense, plus all attorneys'
fees expended by the Township in enforcing this Part, and in default
of payment thereof, shall be sentenced to imprisonment in Chester
County Prison for not more than 30 days. Each violation and each day
of violation shall constitute a separate offense.
[Added by Ord. No. 2020-04, 12/1/2020]
Once a year, the Codes Department will send to the Board of
Supervisors and to the Township Manager a list of all properties in
the Township declared vacant under the provisions of this Part, as
well as a list of all previously declared vacant properties which
are no longer subject to the provisions of this Part.
