[HISTORY: Adopted by the City Council of the City of Pittston 4-21-2021 by Ord. No. 5-2021. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
A property that is listed and marketed through a licensed
real estate agent or broker, or by the owner, who is regularly advertising
said property in newspapers of general circulation in and around Luzerne
County and has conspicuously posted signage at the property advertising
the same.
A violation of the Pittston City Code that is not remedied
in the specified time allowed in the notice of violation, or, if a
written extension is granted by the Building Code Official, that is
not remedied in the specified time allowed in said extension.
Any condition that on its own, or combined with other conditions
present, would lead a reasonable person to believe that the property
is vacant. Such conditions include, but are not limited to, overgrown
and/or dead vegetation; accumulation of newspapers, circulars, flyers
and/or mail; disconnected utilities; accumulation of trash and/or
debris; the absence of window coverings such as curtains, blinds and/or
shutters; the absence of furnishings and/or personal items consistent
with habitation; or statements by neighbors, delivery agents, or government
employees that the property is vacant.
Any natural person, partnership, corporation, trust, or other
entity having title, whether by deed, mortgage, lease or other contract,
to real estate within the City, or otherwise having control of the
property, including the guardian of an estate and the executor or
administrator of the estate.
A structure or property in which no natural person lawfully
resides or conducts a business on a permanent, nontransient basis.
The requirements of this chapter shall be applicable to every
structure and/or property in the City and each owner of any structure,
whether commercial, residential, or institutional, if said structure
and/or property has been vacant or has shown evidence of vacancy for
more than 60 consecutive days.
A.
Upon 60 consecutive days of vacancy, the owner of the subject property
shall file a registration statement on a form prepared and provided
by the City. The registration statement shall include the following
information:
(1)
The street address and parcel number of each such vacant building
and/or property.
(2)
The names and street addresses of all owners. If the owner is a corporation,
the registration statement shall provide the names and addresses of
all officers of the corporation. If the owner is a trust, partnership,
or any other form of unincorporated association, the registration
statement shall provide the names and addresses of any partner or
principal with an interest of 20% or greater. A post office box will
not be accepted as a valid address.
(3)
A working telephone number that has service 24 hours per day and
seven days per week.
B.
A fee shall accompany the registration statement. Such fee shall
be set by resolution of Pittston City Council and designated in the
City fee schedule.
C.
Filing of the registration statement and fee shall be required on
an annual basis for as long as the structure and/or property remains
vacant.
A.
Each owner who does not live in Luzerne County shall appoint a natural
person, 21 years of age or older, who shall live in Luzerne County,
as a responsible agent.
B.
The name, address, and telephone number of the responsible agent
shall be listed on the registration statement. A post office box will
not be accepted as a valid address.
C.
The responsible agent shall be jointly and severally liable for and
shall perform the obligations of the owner under this chapter.
D.
If the name, address, or telephone number of the responsible agent
changes during the course of any calendar year, it is the responsibility
of the owner to update the registration statement within 15 days of
the occurrence of such change.
A.
Within 30 days of submission of the registration statement, the Building
Code Official or his/her designee shall perform an inspection of each
vacant structure and/or property to determine compliance with City
ordinances, including the Property Maintenance Code.[1]
B.
Each property shall be inspected annually for as long as the structure
and/or property remains vacant.
C.
If a vacant structure and/or property fails to comply with the provisions
of the City Property Maintenance Code or other City ordinance, the
Building Code Official shall notify the applicant, in writing, of
the deficiencies within 10 days of the inspection. The owner shall
have 30 days from the date of the notice to abate all violations and
to schedule a second inspection. The Building Code Official may provide
a written extension to abate the violations, provided that under no
circumstance shall the inspection process exceed 120 days from the
date of the initial inspection.
D.
The owner or responsible agent shall provide no less than 24 hours'
written notice of a request to change the date or time of a scheduled
inspection. Upon failure to give such notice or upon failure to grant
entry, an administrative fee of $150 shall be assessed against the
owner.
The following structures are exempt from the provisions of this
chapter:
A.
A structure and/or property that is actively marketed for sale or
lease, provided that all municipal fees and taxes are paid in full
and the structure is in compliance with the City Property Maintenance
Code[1] and all other applicable City ordinances.
B.
A structure that is undergoing an active renovation or rehabilitation
and for which all permits have been obtained.
C.
A structure that is vacant as a result of a fire or natural disaster
and for which a permit to restore or demolish has not yet been obtained,
for a period not to exceed 120 days.
D.
A structure that is temporarily vacated by an owner-occupant to reside
at an alternative, semipermanent address for a portion of up to 180
days annually.
Any person who violates any provision of this chapter shall,
upon conviction thereof before a District Justice or other court,
be sentenced to pay a fine of not less than $500 and not more than
$1,000, plus the costs of prosecution. Each day of continuing violation
shall constitute a separate offense.
After any owner or responsible agent is given notice that a
registration statement filing fee(s) is due, and said owner or responsible
agent fails to satisfy the fee in full within 30 days, the City may
file a municipal lien upon the property for which such fees are due.
