[Ord. 652, 6/8/2010, § 1]
1.
The Council finds as follows:
A.
When the owner of a vacant building fails to actively maintain and
manage the building, the building can become a major cause of blight
in both residential and nonresidential neighborhoods. Vacant buildings
that are boarded, substandard or unkempt properties, and long-term
vacancies discourage economic development and retard appreciation
of property values.
B.
It is the responsibility of property ownership to prevent owned property
from becoming a burden to the neighborhood and community and a threat
to the public health, safety or welfare.
C.
One vacant property that is not actively maintained and managed can
be the core and cause of spreading blight.
D.
Owners of multiple buildings either concurrently or serially, that
are vacant and a blight to the community is a significant problem
in the Borough. Owners of multiple buildings who fail to correct deficiencies
and blight conditions contribute to the decline of neighborhoods to
a greater extent than owners who own only one building. Some owners
have acquired multiple vacant and blighted buildings at depressed
prices and have not improved or cared for the properties. It is in
the interest of the welfare of neighborhoods that owners of multiple
properties who fail to maintain properties and correct vacant and
blighted buildings are subject to imposition of higher administrative
penalties in order to encourage these owners to correct violations
of this Part in a prompt manner.
[Ord. 652, 6/8/2010, § 2]
For the purposes of this Part, the term "vacant building" means
a building that is unoccupied by authorized persons for any amount
of time.
[Ord. 652, 6/8/2010, § 3]
1.
For the purposes of this Part, "boarded" shall mean the covering
of all entry points, including all doors and windows, with plywood
or other materials for the purpose of preventing entry into the building
by persons or animals.
2.
Vacant buildings shall be boarded so that the building can no longer
be secured against intrusion by the closing and locking of doors and
windows.
3.
Vacant buildings that are immediately dangerous and are open and
accessible to the general public may be summarily boarded by the Borough,
and a lien placed against the property for the cost thereof.
4.
Any building that is boarded, whether by voluntary action of the
owner, or as a result of enforcement actively by the Borough, shall
be boarded in compliance with Borough standards promulgated by the
Borough Manager or Code Enforcement Officer.
[Ord. 652, 6/8/2010, § 4]
1.
No owner shall allow a building designed for human use or occupancy
to be a vacant building for more than 30 days, unless one of the following
applies:
A.
The building is the subject of an active building permit for repair
or rehabilitation and the owner is progressing diligently to complete
the repair or rehabilitation.
[Ord. 652, 6/8/2010, § 5]
1.
Active maintenance and monitoring shall include all of the following:
A.
Maintenance of landscaping and plant materials in good condition.
B.
Maintenance of the exterior of the building including, but not limited
to, paint and finishes in good condition.
C.
Regular removal of all exterior trash, debris and graffiti.
D.
Maintenance of the building by continuing full compliance with all
applicable Borough codes and regulations.
E.
Prevention of criminal activity on the premises including, but not
limited to, the use and sale of controlled substances, prostitution
and criminal street gang activity.
F.
The posting of a notice in a conspicuous place on the front of the
building stating the name, address, and telephone number of both the
owner and, if applicable, the owner's agent in control of the
building. This notice shall have lettering not less than two inches
high, and shall be generally readable from at least 30 feet away.
[Ord. 652, 6/8/2010, § 6]
1.
Any owner of a building that is in violation of this Part shall be
subject to a penalty, in an amount not to exceed $1,000 per building
for the first violation.
2.
A second penalty shall be imposed upon an owner pursuant to this
Part if the owner's building remains in violation of this Part
30 days following the imposition of the first administrative penalty.
Additional penalties may be imposed each thirty-day period following
the imposition of a penalty under this Part. Additional penalties
may be imposed so long as the violations continue. A second and any
subsequent penalty shall be in an amount not to exceed $5,000.
3.
If a previous penalty has been imposed pursuant to this Part upon
an owner within two years of the date of the imposition of the present
penalty, and that previous penalty is related to a vacant building
other than the building presently the subject of a penalty, any penalty,
any penalty imposed shall be imposed pursuant to this Part, but in
no case shall said penalty be less than $2,000, nor more than $10,000.
[Ord. 652, 6/8/2010, § 7]
Any vacant building that also constitutes a public nuisance
as defined in this Part, shall be subject to monthly monitoring fees
and enforcement response fees, to recover the Borough's regulatory
costs to monitor and respond to the vacant building. The separate
monthly monitoring fee and enforcement response fee shall be set by
resolution of the Borough Council. The monitoring fee shall be applicable
even in the absence of any action, administrative or otherwise, by
the Borough pursuant to any other provision of the Borough Code. The
monitoring fee shall be imposed upon the initial determination that
the vacant building constitutes a public nuisance as defined in this
Part. The fee shall thereafter be imposed in each thirty-day period
following the imposition of the initial monitoring fee. On building
requiring more than one involuntary Borough enforcement response within
any thirty-day period, an additional and separate enforcement response
fee shall be imposed, for each response, upon the owner. Monitoring
fees shall be imposed for as long as the vacant building remains a
public nuisance as defined in those chapters.
