Borough of Mount Oliver, PA Chapter 80 Buildings, Vacant or Abandoned

[HISTORY: Adopted by the Borough Council of the Borough of Mount Oliver as indicated in article histories. Amendments noted where applicable.]

GENERAL REFERENCES

Buildings, unfit — See Ch. 79.

Construction and maintenance codes — See Ch. 87.

Uniform construction codes — See Ch. 88.

Graffiti and defacement of property — See Ch. 126.

Nuisances — See Ch. 159.

Article I Vacant or Abandoned Property Registration Program

[Adopted 11-16-2009 by Ord. No. 915]

§ 80-1 Definitions.

As used in this article, the following terms shall have the meanings indicated:

ENFORCEMENT OFFICER

The Borough Code Enforcement Officer, or duly authorized representative.

UNSECURED

A building or portion of a building which is open to entry by unauthorized persons without the use of tools or ladders.

VACANT or UNOCCUPIED

A building shall be deemed to be vacant if no person or persons actually, currently conducts a lawfully licensed business, or lawfully resides or lives in any part of the building as the owner or occupant on a permanent, nontransient basis.

§ 80-2 Registration requirements.

A. The owner of the vacant building shall register the building with the Enforcement Officer no later than 30 days after the building becomes vacant.

B. The registration shall be submitted on the form provided by the Enforcement Officer and shall include the following information:

(1) A description of the property.

(2) The names and addresses of the owners.

(3) The period of time the building is expected to remain vacant.

§ 80-3 Fees.

A. The owner of the vacant building shall pay an annual registration fee in the amount of $100 for each registered commercial building and $50 for each residential building, subject to increase from time to time by a majority vote of Borough Council. If the owner believes that he is able to fill the vacancy within 180 days, or if the property is actively being marketed for lease or for sale, then the owner may file for an exemption, in which case the owner must still register the building, but may be exempt from the fee.

[Amended 5-20-2013 by Ord. No. 934; 6-20-2016 by Ord. No. 957]

B. The first annual fee shall be paid no later than 30 days after the building becomes vacant or within 30 days after acquiring ownership of any vacant building not currently registered. The annual registration fee shall accompany the registration form. The fee and registration form shall remain valid for 12 months from the date of registration. Subsequent registrations shall constitute as a renewal. The owner shall be required to renew the registration for successive twelve­month periods as long as the building remains vacant for any part thereof. The fee for a renewal shall be $200 for each commercial building and $100 for each residential building, subject to increase from time to time by a majority vote of Borough Council.

[Amended 5-20-2013 by Ord. No. 934; 6-20-2016 by Ord. No. 957]

C. The fee shall be paid in full prior to the issuance of any building permits.

§ 80-4 Exemptions.

A. In order to encourage the prompt renovation of properties, the owner of a fire-damaged building may be exempt from paying the building fee required under this article, provided that within 30 days from the date of the fire, the owner at the time of the fire submits a request for an exemption in writing to the Enforcement Officer. This request shall include the following information supplied by the owner:

(1) A description of the property.

(2) The names and addresses of the owners.

(3) A statement of intent to repair and reoccupy the building in an expedient manner.

B. An exemption granted under this section shall be valid for no more than 90 days.

§ 80-5 Violation and penalties.

The failure or refusal for any reason by any owner to register a vacant building or to pay any fees pursuant to this article, within 30 days after they become due, shall constitute a violation punishable, upon conviction, by the filing of a lien upon the said property for the registration fee, and a fine of no less than $100 for each failure or refusal to register or each failure or refusal to pay the required registration fee.