[Adopted 10-15-2024 by Ord. No. 2024-8]
A. 
It is the intent of the City of Latrobe to implement a process to address the deterioration and blighting of City neighborhoods due to the lack of adequate maintenance and security of abandoned and vacant real property and to identify, regulate, limit and reduce the number of abandoned and vacant real property. It is the City's further intent to establish a registration program as a mechanism to ensure commercial and residential real property meet the minimum requirements to provide a reasonable level of health, safety, property protection, and general welfare insofar as each are affected by the continued occupancy and maintenance of structures and premises.
B. 
An existing commercial and residential structure and premises that does not comply with established community standards shall be altered or repaired in a defined period of time to a reasonable minimum Level of health, safety, property protection, and general welfare as required by the City Code.
C. 
The goals of the Abandoned and Vacant Property Registration Program are to implement a non-invasive, but comprehensive and consistent, registration program to protect the public health, safety, and welfare by collecting owner/representative contact information and establishing a maintenance plan ensuring the minimum standard of physical condition of commercial and residential real property that:
(1) 
Ensures a structure and premises is safe and secure;
(2) 
Maintains and protects property values;
(3) 
Creates a mechanism to hold property owners accountable;
(4) 
Conserves and improves the aesthetic characteristics of the neighborhood; and
(5) 
Remediates failures of the structure and premises classified as elements of blight.
A. 
Terms defined in other codes. Where terms are defined in this article and are defined in the International Building Code, Pennsylvania Uniform Construction Code,[1] International Fire Code, Zoning Code, International Plumbing Code, International Mechanical Code, ASME A17.1 or the National Electric Code, such terms shall have the meanings ascribed to them in those codes.
[1]
Editor's Note: See Ch. 117, Construction Codes, Uniform.
B. 
General definitions. The definitions herein shall apply to all articles in this article unless otherwise noted herein.
ABANDONED
A real property in which the owner has intentionally relinquished all rights to it through actions such as prolonged absence, non-payment of taxes, or willful neglect.
ANNUAL REGISTRATION
Twelve months from the date of the first action that requires registration, as determined by the City, or its designee, and every subsequent 12 months. The date of the initial registration may be different than the date of the first action that required registration.
ARTICLE
Article IV, Abandoned and Vacant Property Registration.
BOARD OF APPEALS
The Code Enforcement Appeals Board as set forth in the Code of Ordinances of the City of Latrobe.
CITY
The City of Latrobe, Westmoreland County, Pennsylvania.
CODE
The Code of Ordinances of the City of Latrobe, Westmoreland County, Pennsylvania.
COURT
An official institution or person with the authority to hear and resolve legal disputes between parties with jurisdiction within Westmoreland County, Pennsylvania.
DEPARTMENT
The City of Latrobe Code Enforcement Department.
DERELICT
A structure and premises that has at least three of the following conditions:
(1) 
Has been neglected as defined herein for a period longer than two years;
(2) 
Has been subject to one or more violations of the Code of the City;
(3) 
Has open and/or unresolved violations of the Code of the City; and
(4) 
Demonstrates significant conditions of neglect, disuse, or disrepair as determined by the Department.
DESIGNATED LOCAL AGENT
Any party designated by the owner as responsible for inspecting, maintaining, and securing the property as required in this article.
ENFORCEMENT OFFICER
Any law enforcement officer, building official, zoning inspector, code enforcement officer, fire inspector, building inspector, or other person authorized by the City of Latrobe to enforce the applicable code(s).
EVIDENCE OF VACANCY
Any condition that on its own, or combined with other conditions present, would lead a reasonable person to believe that the real property is vacant. Such conditions may include, but are not limited to, overgrown or dead vegetation, accumulation of abandoned personal property, extensive or pervasive damage of improvements to real property, broken or boarded-up windows and/or doors, statements by neighbors, passerby, delivery agents or government agents that the real property is vacant, the termination of one or more utilities serving the property, among other evidence that the property is vacant. A multi-unit rental property with at least one tenant is not considered an abandoned or vacant real property.
FORECLOSURE or FORECLOSURE ACTION
The legal process by which a mortgagee, or other lien holder, terminates or attempts to terminate a property owner's equitable right of redemption to obtain legal and equitable title to the real property pledged as security for a debt or the real property subject to the lien. The legal process is not concluded until the property obtained by the mortgagee, lien holder, or their designee, by certificate of title, or any other means, is sold to a non-related bona fide purchaser in an arm's-length transaction to satisfy the debt or lien.
NEGLECTED
A structure and premises that has at least two of the following conditions:
(1) 
Has been vacant as defined herein for a period longer than one year;
(2) 
Has been subject to one or more violations of the Code of the City; and
(3) 
Demonstrates conditions of neglect, disuse, or disrepair as determined by the Department.
OPEN
A structure subject to the provisions of this section shall be deemed to be "open" if any one or more exterior doors other than a storm door is broken, open and/or closed shut, without a properly functioning lock to secure it, or if one or more windows is broken or not capable of being locked and secured from intrusion, or any combination of the same.
OWNER
Every person, entity, or mortgagee, who alone or severally with others, has legal or equitable title to any real property as defined by this article; has legal care, charge, or control of any such real property; is in possession or control of any such real property; and/or is vested with possession or control of any such real property.
PREMISES
A dwelling unit, its appurtenances and the building, and the grounds, areas, and facilities held out for the use of the owner or tenant.
REAL PROPERTY
Any commercial or residential land and/or buildings, leasehold improvements and anything affixed to the land, or portion thereof identified by a property parcel identification number, located in the City limits.
REGISTRABLE PROPERTY
Any property that is abandoned or vacant for more than 30 days or any cancellation of utility or service, whichever occurs first.
REGISTRY
An electronic database of searchable real property records, used by the City to allow owners the opportunity to register real property and pay applicable fees as required in this article.
SECURED
A structure subject to the provisions of this article shall be deemed to be "secured" if all means of potential ingress and egress, including but not limited to doors, windows, and openings, are secured a properly fastened sheet or sheets of plywood and/or any and all doors are locked with a chain and padlock.
UNDER ACTIVE RENOVATION
A structure and premises shall be deemed under active renovation if ongoing, and continuous and substantive construction, renovation, and/or restoration where all such work is authorized by permits and any other necessary permissions and approvals granted by the Department.
UNSAFE BUILDING OR STRUCTURE
An unsafe structure and premises is one that is found to be dangerous to the life, health, property or safety of the public or the occupants of a structure and premises by not providing the minimum safeguards to protect or warn occupants in the event of a fire or because such structure and premises contains unsafe equipment or is so damaged, decayed, dilapidated, structurally unsafe or of such faulty construction or unstable foundation that partial or complete collapse is possible.
UTILITIES AND SERVICES
Any utility and/or service that is essential for a structure to be habitable and/or perform a service necessary to comply with all codes. This includes, but is not limited to, electrical, gas, water, sewer, lawn maintenance, pool maintenance, and snow removal.
VACANT
Any parcel of real property in the City that contains any structure that is not lawfully occupied and any parcel of land without a structure with evidence of vacancy.
A. 
Every owner of real property shall be required to register with the City of Latrobe all commercial and residential real property classified as either abandoned and/or vacant that are within the limits of the City by submitting an application for registration as provided for in Subsection B.
B. 
The Code Enforcement Department shall provide the application for registration in both digital and printed formats upon which the property owner or the owner's designated local agent will provide requested information including, but not limited to, names of individuals holding ownership of the registered real property, contact information for the primary owner, contact information for the designated local agent, and a property maintenance plan.
C. 
City officials are authorized to charge a fee for the registration required under this section in an amount approved by City Council and listed on the City's schedule of fees. A registration fee shall be imposed on the owner of an abandoned and vacant real property for each year that the abandoned and vacant real property is not in compliance with the Code.
(1) 
If the property owner brings the real property into compliance with the code within 12 months or sells the property to an entity that brings the property into compliance with the code, the fee shall be waived in accordance with Section 3 of the act of December 20, 2000 (P.L.724, No. 99), known as the Municipal Code and Ordinance Compliance Act.[1]
[1]
Editor's Note: See
D. 
All abandoned and vacant real property shall be registered by the owner or the owner's designated local agent on or before 12-months after the date of abandonment or vacancy by the owner or a tenant.
E. 
Upon registration, the Enforcement Officer or a designated representative shall conduct an inspection of the commercial or residential real property to determine and ensure that the structure on the property and the landscaped or unimproved area contained within the real property boundary is not a public nuisance or substandard and meets all zoning, property maintenance, health and safety requirements of the Code.
F. 
Within 21 days after application was made for an abandoned and vacant property registration, the Enforcement Officer or the designated agent of the City shall have completed the inspection, compiled a list of any items to be brought into compliance with zoning, property maintenance, health and safety requirements of the Code. This period of time may be extended by the Enforcement Officer if a delay is caused by any matter beyond the reasonable control of that official.
(1) 
In the event the commercial or residential real property is in compliance with any of the zoning, property maintenance, health and safety requirements of the Code, the Enforcement Officer will submit a letter of compliance with this article and notice of registration for a twelve-month period to the owner.
(2) 
In the event the commercial or residential real property or a unit contained therein is not in compliance with any of the zoning, property maintenance, health and safety requirements of the Code of Ordinances of the City, any deficiencies shall be noted on the property inspection report and provided to the owner by the Enforcement Officer.
(3) 
If a deficiency or multiple deficiencies are reported to the owner, the Enforcement Office shall set a time period in which the repairs are required to be completed and reinspection of the property shall be scheduled. Depending on the severity of the violation, the owner will be granted a minimum of seven days to a maximum of 30 days from the date of the inspection to abate such violations of the Code.
(4) 
If the owner or the designated local agent cannot be available at the scheduled inspection time, said owner or designated local agent shall provide no less than twenty-four-hour written or emailed notice to the Department. Upon failure to give such written or emailed notice, or upon failure to gain entry, an administrative fee of $100 will be assessed against the owner. For each rescheduling beyond the second rescheduling, an administrative fee of $150 shall be assessed in all cases. Failure to pay administrative fees shall, at the discretion of the Enforcement Officer, constitute a violation of this or the applicable code including, but not limited to, the City of Latrobe Property Maintenance Code.[2] Failure of the owner, or the designated local agent, to appear for a scheduled inspection shall be considered probable cause for obtaining a search warrant to inspect the structure and premises.
[2]
Editor's Note: See Ch. 132, Property Maintenance.
Responsibility for compliance with this article includes any person owning or otherwise in possession of or control of any abandoned or vacant commercial or residential real property located within the City.
A. 
The responsibility to complete or correct reported deficiencies may be shifted to a new owner by a written agreement in which that new owner assumes the responsibility, after having been given a copy of the abandoned and vacant property inspection report, including the list of violations. A signed copy of such an agreement shall be filed with the Code Enforcement Officer stating the new owner's assumption of these responsibilities and releasing the previous owner from responsibility to the City.
B. 
If responsibility is assumed, the new owner of the real property shall comply with the requirements of the article within the time period required by the Enforcement Officer.
Each parcel of commercial or residential real property with an approved and current abandoned and vacant property registration shall be registered with the City annually thereafter upon reaching the conclusion of the twelve-month registration period, if such structure and premises continues to be classified as abandoned or vacant during each subsequent calendar year.
A. 
The owner or the designated local agent shall submit an application for registration as provided for in § 132-24B to renew the registration of the abandoned and vacant commercial or residential real property until such time as the structure and premises ceases to be classified as abandoned or vacant.
B. 
The owner or the designated local agent shall comply with all requirements of § 132-24, Application process, including, but not limited to, payment of registration fee, completion of the reinspection of the real property, and correction of any reported deficiencies.
The owner or the designated local agent should submit an abandoned and vacant property application for registration when the structure and premises that serves as a primary residence in which the owner is away for more than six months for work, vacation, military, or a medical reason. The intent of the courtesy registration is to collect the contact information for the owner or the designated local agent should an issue or event occur while the owner is away from the real property.
A. 
When these reasons to be away from the property exist, the Enforcement Officer has the discretion to waive the registration fee and/or the inspection for the first twelve-month registration period.
B. 
A courtesy registration of an abandoned and vacant property doesn't remove the responsibility for the maintenance of the structure and premises by the owner ensuring the minimum level of health, safety, property protection, and general welfare as required by the Code is met.
A. 
Compliance with the Abandoned and Vacant Property Registration Program shall be overseen by the Department, who shall be assisted in its implementation, administration and enforcement by the Enforcement Officer. The Enforcement Officer may be assisted as needed by other City staff, including but not limited to the City Solicitor and contracted third-party inspection firm.
B. 
The confirmation of registration in Abandoned and Vacant Property Registration Program shall not and does not constitute a representation, guarantee, or warranty of any kind by the City of Latrobe or any official or employee of the City of the safety, soundness, habitability, or quality of the premises, or any part thereof, or any plumbing, heating, electrical or other equipment whatsoever therein, and the issuance of the registration shall create no liability upon the City of Latrobe or any of its officials or employees.
A. 
Any person who shall violate a provision of this article shall, upon conviction thereof, be subject to penalties assessed under all other applicable federal, state and local laws including a fine of not less than $25 nor more than $1,000 and/or imprisonment for a term not to exceed 90 days, or both, at the discretion of the court. Each day that a violation continues to occur after due notice has been served shall be deemed a separate offense and an owner of an abandoned and vacant real property who fails to pay the registration fees required by this article shall be assessed a penalty of;
(1) 
$25 per day if the abandoned and vacant real property is residential.
(2) 
$50 per day if the abandoned and vacant real property is commercial or industrial.
(3) 
$25 per day if the abandoned and vacant real property is an unimproved parcel.
B. 
In addition, the amount of any unpaid fee authorized under this section shall constitute a lien against the property and the Enforcement Officer or other City designee may seek such other relief as may be available in a civil action, or in equity, to address a violation of this article.
A. 
In addition to any other remedy provided by law, if the owner, representative, or agent thereof does not consent to the proposed registration and inspection, the Enforcement Officer may appear before any judge in a court of competent jurisdiction and seek an administrative search warrant to allow an inspection. Any such application shall be made within 10 calendar days after the nonconsent. The application for the warrant shall specify the basis upon which the warrant is being sought and shall include a statement that the inspection will be limited to a determination whether there are violations of the Code provisions identified in the zoning, housing, or building code under the jurisdiction of the Enforcement Officer.
B. 
The court may consider any of the following factors along with such other matters as it deems partinent in its decision as to whether a warrant shall be issued:
(1) 
Eyewitness account of a violation of the Code;
(2) 
Citizen complaints;
(3) 
Termination of utility service;
(4) 
Plain view violations;
(5) 
Violations apparent from City records;
(6) 
Property deterioration;
(7) 
Nature of alleged violation;
(8) 
Passage of time since last inspection; and
(9) 
Previous violations on the property.
Any person aggrieved by a decision or order of the Enforcement Officer shall have the right to appeal that matter to the City of Latrobe Code Enforcement Hearing Board. To file an appeal, a printed or typed written notice of appeal must be signed by that person and filed with the office of the City Manager within 14 days after the date of the issuance of the property inspection report and the notice of violation of the Code.
An abandoned and vacant real property shall be exempt from inclusion on the abandoned and vacant property registration list upon meeting criteria provided in the list of eligible reasons for exemption and from payment of the registration fee if the abandoned and vacant real property is:
A. 
Under active construction or undergoing active rehabilitation, renovation or repair, and a permit to make the property fit for human occupancy was issued, renewed or extended within 12 months of the required registration date.
B. 
In compliance with all federal, state and local laws and the owner or the designated local agent has been actively seeking in good faith to rent or sell the property. The time frame for sale or rent does not exceed:
(1) 
One year from the initial listing, offer or advertisement of sale, in the case of a residential property.
(2) 
Two years from the initial listing, offer or advertisement of sale, in the case of a commercial and industrial property.
(3) 
One year from the initial listing, offer or advertisement of sale, in the case of an unimproved property.
(4) 
One year from the initial listing, offer or advertisement to rent, provided that any leased property exempt under this subsection has a valid certificate of occupancy from the Department.
C. 
Exempted by the Department upon a showing of economic hardship by the owner and that the owner is working with the Enforcement Officer to bring the property into compliance with all federal, state and local codes. An exemption under this subsection shall be subject to the following provisions:
(1) 
The exemption may be granted for a time frame not to exceed 12 months from the required registration date, subject to renewal on the basis of continuing economic hardship. The municipality may withdraw the exemption at any time.
(2) 
The exemption may be granted for a time frame not to exceed 24 months, if the property is subject to a probate proceeding or the title is the subject of litigation, not including a foreclosure of the right of redemption action.
(3) 
The exemption may be granted for a time frame not to exceed 12 months, if the property is subject to a pending application for a necessary approval for development by a municipal planning or zoning board and is maintained according to all federal, state and local laws.
(4) 
The cumulative time frame for an exemption from registration as provided under this subsection for an abandoned and vacant property under the same, substantially similar or related ownership shall not exceed 36 consecutive months.
D. 
Additionally, an owner of commercial or residential real property can be exempt from the requirements of the Abandoned and Vacant Property Registration Program when:
(1) 
The structure and premises that are used as a residential rental and have active residential rental permit issued by the Department in accordance with the City's Rental Property Registration Program.
(2) 
The office, industrial, or general commercial use building are actively managed by a licensed property management company.
(3) 
The structure and premises that have multiple units in which at least one unit is occupied by a tenant with a valid lease.
(4) 
The structure and premises that serve as a primary residence in which the owner is away for more than six months for work, vacation, military, or a medical reason. A structure unoccupied for more than six months requires a courtesy registration and compliance with ordinance criteria of that section of the article.
(5) 
The real property is owned by the federal or state government or a county, municipality, redevelopment authority, housing authority or land bank, including one of their instrumentalities.
A commercial or residential real property will be removed from the Abandoned and Vacant Property Registration Program upon certification that the structure and premises meets the Code and the structure is occupied by an individual, couple, family, or business.
The City Administrator or the Code Enforcement Officer is hereby designated as authorized agent to sign all necessary forms, permits or other written documents to implement any and all provisions of this article.
The Act of May 24, 2023 (H.B. No. 775, Printer's No. 1357) as amended to read:
"Amending Title 53 (Municipalities Generally) of the Pennsylvania Consolidated Statutes, in neighborhood blight reclamation and revitalization, further providing for definitions and providing for vacant and blighted property registration; and imposing penalties. The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows: Section 2. Section 6141 of Title 53 of the Pennsylvania Consolidated Statutes is amended to read by adding Vacant and Blighted Property Registration, a) Authorization, (1) A municipality may impose and collect, by ordinance, a vacant and blighted property registration fee consistent with this section on properties deemed vacant and blighted."
Any ordinance or part of any ordinance which conflicts with the provisions of this article is hereby repealed.
The provisions of this article are severable and if any of its sections, clauses or sentences shall be held illegal, invalid or unconstitutional, such provisions shall not affect or impair any of the remaining sections, clauses or sentences.