[Ord. No. 2216, 9/12/2022]
This Part is intended to 1) assure the proper maintenance of
vacant commercial units for the purpose of protecting the public health,
safety and welfare; 2) enable the monitoring of the number of vacant
commercial units within the Borough; 3) enable Borough officials to
assess the effects of the condition of those vacant commercial units
on nearby residences and businesses, as well as more generally on
the neighborhoods in which they are located; 4) enable Borough officials
to assess and proactively address fire safety hazards, visual blight,
temporary occupancy by transients including users and traffickers
of illegal drugs, and unlawful occupancies which may be associated
with vacant commercial units; 5) promote the rehabilitation, rental
or sale of those units; 6) promote active, productive use of all properties
within the Borough; and 7) aid in the creation of a database of vacant
properties, the storage therein of hazardous materials, and their
responsible parties to assist police, fire, and emergency responders
during emergency events.
[Ord. No. 2216, 9/12/2022]
The following words and terms when used in this Part shall have
the meanings ascribed to them in this section, except where the context
clearly indicates a different meaning, and words used herein in the
singular, where the context so permits, shall be deemed to include
the plural and vice versa:
In order to be deemed a commercial unit undergoing an active
renovation or rehabilitation, the owner of the unit must execute a
rehabilitation agreement in a form acceptable to the Enforcement Officer
and secure all approvals and permits necessary to allow for the unit
to able to be occupied when the renovation or rehabilitation is complete.
In order to be deemed a commercial unit actively marketed
for sale or lease, 1) the unit must be listed on an electronic, publicly
accessible list of properties for sale or lease or contractually listed
at a marketable price for sale or lease with a licensed real estate
broker, Pottstown Area Economic Development, Inc. (PAED), or other
similarly qualified agent approved by the Enforcement Officer, with
a listing duration of at least six months and 2) the owner must provide
the Borough with the offer price for the unit, along with supporting
evidence of the reasonableness of the offer price, such as a professional
appraisal, the opinion of a qualified real estate professional, or
three reasonable comparables for units sold or leased within the prior
year.
Units where plywood or similar material is covering the space
of 1) one or more exterior doors, other than a storm door, or 2) one
or more windows, so that the doors or windows are temporarily secured.
Any ordinance, regulation, or law adopted, enacted, or in
effect in and for Pottstown Borough, including but not limited to
this Part, the Uniform Construction Code, International Fire Code,
International Property Maintenance Code, Plumbing Code, ICC Electrical
Code, International Mechanical Code, International Existing Building
Code, the Pottstown Zoning Ordinance and/or other future national
or international codes or ordinance amendments that may be subsequently
adopted by Pottstown Borough Council.
Any unit used, intended to be used, or capable of being used
for the buying and selling of goods, commodities, and/or services,
and which may not otherwise be classified as an agricultural, industrial,
institutional, or residential use, as determined by the Enforcement
Officer.
The Director of Pottstown Borough's Licensing and Inspections
Department or his or her designee.
Units primarily used or intended to be used for manufacturing,
producing, processing, fabricating and/or assembly of raw goods, research
or development in connection therewith, warehousing or bulk storage
of goods and the sale of commodities to the general public when accessory
to an industrial use. This term does include the sale of commodities
to the general public through a warehouse club or similar use.
Units owned or leased by public, private or not-for-profit
organizations and which are primarily used or intended to be used
to serve public benefit and community, such as an educational, religious,
recreational, or historical uses.
Any public nuisance known at common law or in equity jurisprudence
or as provided by the statutes, regulations, or ordinances of the
Commonwealth of Pennsylvania, Montgomery County, or the Borough.
Any attractive nuisance known at common law or in equity jurisprudence
or as provided by the statutes, regulations, or ordinances of the
Commonwealth of Pennsylvania, Montgomery County, or the Borough.
Conditions that are in violation of this Part.
Commercial units where one or more owners conducts a lawful
business on a permanent basis provided the unit is in compliance with
all codes, unencumbered by municipal and tax liens, and not subject
to pending mortgage foreclosure proceedings.
Every person or legal entity, alone or severally with others:
With legal or equitable title to any unit;
With care, charge or control of any unit, in any capacity including
but not limited to an agent, executor, executrix, administrator, administratrix,
trustee or guardian of the estate of the holder of legal title, and/or
pursuant to a court order; and/or
Who is a mortgage lender or mortgagee for a unit subject to
a mortgage which is in foreclosure.
The regular, continuing operation of a business or other
nonresidential use exclusive of any temporary or seasonal closures.
Units owned or leased which serve or are intended to serve
as someone's permanent principal residence. This term does not include
transient accommodations such as hotels, bed-and-breakfasts, and short-term
vacation rentals.
Any unit with a permanent door or window components, including
frames, jambs, rails, stiles, muntins, mullions, panels, sashes, lights
and panes intact and unbroken in each appropriate opening that is
secured to deter vandalism and unauthorized entry and protect from
weather damage. Units may also be temporarily boarded to prevent unauthorized
entry and protect against weather damage.
The cessation of a commercial use for a specific, enunciated,
and reasonable purpose lasting a limited time; typically, 60 days
or less.
Any confined space within a building. A building may contain
a single unit or multiple units. A building shall be deemed to contain
multiple, separate units when it contains confined spaces which are
used independently from other confined spaces, exclusive of shared
common areas such as entrance ways, lobbies, stairwells, and hallways.
Units which are not secured.
Commercial units where no person or legal entity conducts
a lawfully licensed business on a permanent basis. For the purposes
of this chapter, rebuttable evidence of a vacancy is considered any
condition that on its own, or in combination with other conditions,
would lead a reasonable person to objectively believe the property
is vacant. Such conditions may include, but are not be limited to,
lack of activity on the site; low or no utility usage; accumulation
of mail; lack of furniture, equipment or machinery; lack of window
coverings; open accessibility; deferred maintenance or deteriorating
buildings and structures; overgrown or dead vegetation; dumped refuse
or rubbish; nuisances; boarded windows or doors; statements by neighbors,
passersby, delivery agents or government agents; and/or use of the
unit primarily for storage of products or materials.
[Ord. No. 2216, 9/12/2022]
1.
Security. All vacant commercial units shall be winterized and secured.
2.
Registration. Vacant commercial units shall be registered at all
times with Licensing and Inspections, and the owner of a vacant unit
shall thereupon pay the fee required by § 1604 and file
a registration statement for each applicable unit on forms provided
by Licensing and Inspections.
A.
Each registration statement shall be valid for one year. Registration
of a vacant commercial unit shall be renewed on an annual basis, within
10 days of the date of expiration of the registration statement.
B.
The following information and documentation shall be provided in
or accompany the registration statement:
(1)
Mailing address of the commercial unit.
(2)
Names and addresses of all owners.
(3)
Name of the responsible person to contact regarding building
repairs and emergency conditions, along with his or her mailing address,
email address, and direct access telephone number.
(4)
If none of the owners reside within the Commonwealth of Pennsylvania,
then the name, mailing address, email address, and direct access telephone
number of a local agent who resides within the Commonwealth of Pennsylvania
and is authorized to accept the services of process on behalf of the
owner and who shall be designated as a responsible local party or
agent, both for purposes of notification in the event of an emergency
affecting the public health, safety or welfare, and for the purposes
of service of any and all notices as herein authorized.
(5)
A survey or plot plan of the lot.
(6)
An interior plan of the unit depicting the layout of each floor.
(7)
The total floor area (measured in square footage) of the unit.
(8)
A list of any hazardous materials stored within the vacant commercial
unit and copies of all the emergency services material safety data
sheets (MSDS) or hazardous chemical inventory forms under the Superfund
Amendments and Reauthorization Act of 1986 (SARA Title III) relevant
thereto.
(9)
Any other information deemed necessary by the Enforcement Officer
from time to time.
C.
Inspections. Registration of a vacant commercial unit shall never
be construed so as to exonerate the owner from any responsibility
for achieving and maintaining compliance with applicable codes. The
following minimum inspections will therefore be required for all registered
units:
(1)
Initial Inspection. Upon each registration and renewal, the
vacant commercial unit shall be inspected to confirm that the unit
is winterized, secured, and in compliance with all codes. The owner
shall permit a code compliance inspection of both the interior and
exterior of the premises. The inspection shall include, but is not
limited to, the following elements: habitability, building openings,
roofs, drainage, building structure, foundation walls, building exterior,
grounds, and walkways. The Enforcement Officer shall notify the owner
of any deficiencies and required remediation in writing. Enforcement
of any unremedied violations thereafter shall be pursued pursuant
to and consistent with the enforcement and penalty provisions of those
relevant codes.
(2)
Final Inspection. Prior to removal of a commercial unit from
the registry, the owner shall submit to a final inspection by the
Enforcement Officer intended to verify that the commercial unit is
habitable and occupied and in compliance with all applicable codes.
The Enforcement Officer shall notify the owner of any deficiencies
and required remediation in writing. Enforcement of any unremedied
violations thereafter shall be pursued pursuant to and consistent
with the enforcement and penalty provisions of those relevant codes.
D.
Obligation to Update Information. The owner shall notify the Enforcement
Officer within 30 days of any change to the information contained
in any relevant registration statement on file with the Borough.
E.
Registration Fee. No registration shall be deemed complete until
the applicable fee is paid.
(1)
Annual Registration Fee. A registration fee in accordance with
the table below shall be imposed for a registration statement for
each vacant commercial unit as well as for the renewal of such registration
statement annually to cover the administrative cost of this program,
including but not limited to inspecting and monitoring the premises
by the Department of Licensing and Inspection and emergency services.
The fees established herein may be amended hereafter by ordinance.
|
Total Floor Area
|
Annual Registration Fee
|
|---|---|
|
Less than 5,001 square feet
|
$500
|
|
5,001 to 10,000 square feet
|
$1,000
|
|
10,001 to 200,000 square feet
|
$1,750
|
|
Over 200,000 square feet
|
$2,500
|
(2)
Refund. If, following a final inspection required hereby, the
registered commercial unit is determined by the Enforcement Officer
to be habitable and legally occupied less than 180 days after registration
or any renewal, the owner may receive a refund of 50% of the registration
fee for that year. The fee will be refunded to the owner of the property
at the time of the refund.
3.
Registration Waiver.
A.
The owner of a vacant commercial unit may file for a limited waiver of the registration requirement contained in § 1603, Subsection 2A, above, if any of the following apply:
(1)
The unit is undergoing an active renovation or rehabilitation.
(2)
The unit is actively marketed for sale or lease.
(3)
The unit is newly constructed; provided the unit is not vacant
for more than one year from the date of the issuance of a valid use
and occupancy certificate.
(4)
The unit is approved by permit to be demolished; provided the
unit is demolished within 90 days of the issuance of the permit.
B.
No application for a waiver shall be deemed complete until the owner
pays a nonrefundable application review fee of $85, which may be amended
hereafter by resolution of Pottstown Borough Council.
C.
The denial of any waiver shall be timely communicated by the Enforcement
Officer to the applicant in writing and note the nature of any deficiencies
in the application, or substantive or otherwise. The applicant shall
then be required to either perfect the application or register the
vacant commercial unit within 10 days of the transmittal of the denial.
[Ord. No. 2216, 9/12/2022]
Each violation of a section or subsection of this Part shall
constitute a separate violation. Each day the violation persists shall
then constitute a separate summary offense for which the maximum criminal
fine of $1,000 and/or a maximum term of imprisonment of 90 days may
be imposed upon conviction. For the enforcement of this Part or to
correct any violation thereof, the Borough may also, or in the alternative,
institute appropriate action or proceeding at law or equity. The offender
shall also be assessed all court costs and be required to reimburse
all attorneys' fees reasonably incurred by the Borough in association
with securing a conviction and/or related to any other proceedings
instituted pursuant hereto.
