This chapter shall be entitled and hereafter referred to as the "Commercial Unit Registration Ordinance."
[HISTORY: Adopted by the Borough Council of the Borough of Spring City 8-4-2025 by Ord. No. 582. Amendments noted where applicable.]
This chapter is intended to 1) create a regulatory scheme in which every commercial unit within Spring City Borough is either registered as actively used or vacant; 2) promote active, productive use of all properties within Spring City Borough; 3) allow for the creation and maintenance of a database of businesses operating within Spring City Borough for the purpose of informing and aiding economic revitalization and redevelopment, as well as to assist police, fire, and emergency responders during emergency events; 4) allow for the creation and maintenance 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; 5) assure the proper maintenance of vacant commercial units for the purpose of protecting the public health, safety and welfare; 6) enable the monitoring of the number of vacant commercial units within Spring City Borough; 7) enable the Borough's 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; 8) enable the Borough's 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; and 9) promote the rehabilitation, rental or sale of vacant commercial units.
The following words and terms when used in this chapter 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 Borough and secure all approvals and permits necessary to allow the unit to be 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 a) listed on an electronic, publicly accessible list of properties for sale or lease or b) contractually listed at a marketable price for sale or lease with a licensed real estate broker 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 Enforcement Officer 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 will be reasonably secured.
Spring City Borough.
A calling, occupation, profession, or activity which engages in 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.
Any ordinance, regulation, or law adopted, enacted, or in effect in and for Spring City Borough including but not limited to this chapter, the Uniform Construction Code, International Fire Code, International Property Maintenance Code, Plumbing Code, ICC Electrical Code, International Mechanical Code, International Existing Building Code, the Spring City Zoning Ordinance and/or other future national or international codes or ordinance amendments that may be subsequently adopted by Spring City 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 Borough's appointed Code Enforcement Officer, 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, Chester 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, Chester County, or the Borough.
Conditions that are in violation of this chapter.
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 non-residential 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 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.
Unit 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 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.
Beginning January 1, 2026, occupied commercial units shall be registered with the Borough.
A.
The legal owner of each unit shall be required to complete all registration requirements, as provided for herein, including but not limited to payment of the fee required by Subsection E and filing a complete registration statement on forms provided by the Borough.
B.
A registration statement shall be valid until December 31 of each year and must be renewed annually, where applicable.
C.
In conjunction with the registration statement, the following information and documentation shall be provided:
(1)
The mailing address of the commercial unit.
(2)
The names and mailing addresses of all owners.
(3)
A summary of the nature of the business being conducted in the commercial unit including but not limited to the name of the business; the nature of the business; the owner of the business; the business's corporate address, if different than the unit's address; the approximate number of employees; the hours of operation; the business's website, if any; and the business's contact information.
(4)
The name of the principle responsible person to contact for the commercial unit regarding building repairs and emergency conditions, along with his or her mailing address, email address, and direct access telephone number.
(5)
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.
(6)
A list of any hazardous materials stored within the 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.
(7)
Any other information deemed necessary by the Enforcement Officer from time to time.
D.
Obligation to update information. The owner shall notify the Code Enforcement Officer within 30 days of any change to the information contained in any relevant registration statement on file with the Borough including but not limited to information related to the business and its ownership and operation.
E.
Registration fee. A nonrefundable registration fee to cover the administrative cost of this program shall be established by Council by resolution and must be paid in order for a registration to be deemed complete. Fees shall not be prorated for partial years.
Beginning January 1, 2026, all legal owners of a vacant commercial unit shall be responsible for compliance with the following.
A.
A vacant commercial unit shall be registered with the Borough, on forms provided by the Borough, within 21 days of becoming vacant unless otherwise provided for herein.
(1)
Registration waiver. A vacant commercial unit may be granted a limited registration waiver if the unit is undergoing an active renovation or rehabilitation; actively marketed for sale or lease; 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 or its equivalent; or approved by permit to be demolished, provided the unit is demolished within 90 days of the issuance of the permit.
(a)
No application for a waiver shall be deemed complete until the owner pays a nonrefundable application review fee, which may be set hereafter by resolution of Spring City Borough Council.
(b)
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.
B.
A registration statement shall be valid for one year and, where applicable, must be renewed on an annual basis, within 10 days of the date of expiration of the registration statement.
C.
In conjunction with the registration statement, the following information and documentation shall be provided:
(1)
The mailing address of the commercial unit.
(2)
The names and mailing addresses of all owners.
(3)
The name of the principle responsible person to contact for the commercial unit 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.
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 may be set hereafter by resolution of Spring City Borough Council. The fee shall be required for each vacant commercial unit, as well as annually for the renewal of such registration statement, to cover the administrative cost of this program, including but not limited to inspecting and monitoring the premises by the Borough and emergency services.
(2)
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 whoever owns the property when the refund is issued.
F.
Code compliance. 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.
(1)
Security. The vacant commercial unit shall be, and remain, winterized and secured.
(2)
Inspections. The following inspections shall be required:
(a)
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 the 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, grounds, walkways, and that all means of ingress/egress are secured. 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.
(b)
Final inspection. Prior to removal of a 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.
Each violation of a section or subsection of this chapter 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 chapter 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.
If any sentence, clause, section or part of this chapter is for any reason found to be unconstitutional, illegal or invalid, such unconstitutionality, illegality or invalidity shall not affect or impair any part of the remaining ordinance provisions, sentences, clauses, sections. It is the intent of the Spring City Borough Council that this chapter would have been adopted had such unconstitutional, illegal or invalid sentence, clause, section or part thereof, had not been included herein.
This chapter is effective immediately upon enactment.