[HISTORY: Adopted by the Borough Council
of the Borough of Crafton 3-13-2017 by Ord. No. 1643. Amendments noted where
applicable.]
[Amended 12-10-2018 by Ord. No. 1652]
A.
It is the finding of the Borough Council of the Borough of Crafton
that vacant buildings and vacant structures in the Borough are unsightly,
unsafe and have an overall negative effect on the Borough. The Borough
Council also finds that there are a number of vacant buildings and
vacant structures within the Borough that have been vacant for years.
The purpose of this chapter is to implement a program requiring the
registration of all vacant buildings and structures, including payment
of registration fees, and promoting substantial efforts to rehabilitate
such vacant buildings. Registration fees will assist the Borough in
protecting the public health, safety and welfare, monitoring the number
of vacant buildings in the Borough, assessing the effects of the condition
of those buildings on nearby businesses and properties in the neighborhoods
in which they are located, particularly in light of fire and safety
hazards and unlawful, temporary occupancy by transients, including
illicit drug users and traffickers. The provisions of this section
are applicable to the owners of such vacant buildings as set forth
herein and are in addition to and not in lieu of any and all other
applicable provisions of the ordinances of the Borough and all relevant
codes and/or regulations adopted therein.
B.
This chapter shall be applicable to every vacant building or structure
located within the geographical confines of the Crafton Borough, Allegheny
County, Pennsylvania, that has been vacant for more than 30 consecutive
days and to each owner, interest holder, or local agent of any such
vacant building or structure, without regard to whether such owner,
interest holder, or local agent is a public, private, governmental,
commercial, industrial, residential, institutional, nonprofit, or
for-profit person.
Unless otherwise stated, the following terms shall, for the
purpose of this chapter, have the following meanings:
Any building, structure or dwelling where, in place of one
or more exterior doors or windows, there is a sheet, or sheets, of
plywood covering the space for such door or window. A property is
also considered to be a boarded property where exterior and windows
are covered with paper, newsprint or bed linens. A building, structure
or dwelling is not considered to be boarded where a single door or
window of the building, structure or dwelling is damaged or broken
and the use of a board, paper, newsprint or bed linens by the record
owner or his agent is temporarily necessary while the single, damaged
window is repaired, provided said repair is made promptly.
A duly authorized agent of the Borough of Crafton with specific
powers to enforce building codes within the Borough.
A building that is used, or partially used, for commercial
business activities including, but not limited to, stores, offices,
schools, churches, gymnasiums, libraries, museums, hospitals, clinics,
warehouses, and jails.
[Added 12-10-2018 by Ord.
No. 1652]
Any business that relates to the exchange of goods or services.
[Added 12-10-2018 by Ord.
No. 1652]
Cast aside as useless or undesirable.
[Added 12-10-2018 by Ord.
No. 1652]
The animal or vegetable waste resulting from the handling,
preparation, cooking and the consumption of food.
[Added 12-10-2018 by Ord.
No. 1652]
Includes contracts with realtors, newspaper ads, window signs,
or other methods provided that the effort is likely to generate interest
in the property and the owner is willing to rent, sell or lease.
[Added 12-10-2018 by Ord.
No. 1652]
Any occupied floor of a building with direct access to grade,
that is located less than one story above, or less than one story
below, grade, provided that no portion of a floor that constitutes
a cellar constitutes a "ground floor."
[Added 12-10-2018 by Ord.
No. 1652]
Livable; with reference to this chapter, a structure with
a hard roof and sides that is equipped with heat, electricity, water
service, sewage service and functional plumbing, and is capable of
being lived in without undue risk to human health and safety.
[Added 12-10-2018 by Ord.
No. 1652]
Written notice of a violation, pursuant to first-class mail,
to the last known address of the owner of the property in question.
[Added 12-10-2018 by Ord.
No. 1652]
Any building or structure where one or more persons conducts
a lawful business or resides in all or any part of the building as
the licensed business occupant, or as the legal or equitable owner/occupant(s)
or tenant(s) on a permanent, nontransient basis, or any combination
of the same.
[Added 12-10-2018 by Ord.
No. 1652]
A building or structure that is secured in a method or manner
not intended in the original design of the building or structure.
Any person (i) having a legal or equitable interest in a
property; (ii) having a legal interest in a property recorded in the
official records of the state, county or municipality as holding title
to the property; or (iii) otherwise having control of the property
including the guardian of the estate of any such person, and the executor
or administrator of the estate of such person if ordered to take possession
of real property by a court.
[Added 12-10-2018 by Ord.
No. 1652]
An individual, corporation, partnership, financial institution,
bank, credit union, savings and loan company, investment firm, government
agency, government authority, municipal corporation or any other group
acting as a unit.
[Added 12-10-2018 by Ord.
No. 1652]
Any portion of unimproved or improved real estate located
within the Borough which includes the buildings or structures located
on it regardless of condition.
[Added 12-10-2018 by Ord.
No. 1652]
[Added 12-10-2018 by Ord. No. 1652]
Any building, structure, or property, which, because of physical
condition, use or occupancy is considered to be an attractive nuisance
to minors or uninvited persons.
Any building or structure which has been designated by the Borough
as a public nuisance because it is dilapidated, unsanitary, unsafe,
insect or vermin-infested or lacking in the facilities and equipment
required by the ordinances of the Borough.
Any structure which is a fire hazard, a structural hazard, or
is otherwise dangerous to the safety of any persons or any property.
Any building or structure, which lacks, or has rendered inoperable,
fire protection systems as required by the applicable codes and ordinances.
Any structure, from which water, plumbing, heating, sewage or
other facilities have been disconnected, destroyed, removed or rendered
ineffective, so that the property creates a hazard to neighboring
properties.
Any building or structure which for reason of neglect or lack
of maintenance has become a place for the accumulation of refuse,
providing a haven for insects, rodents, and other vermin.
Any building or structure which as a result of its dilapidated,
unsanitary, unsafe, insect or infested condition creates damage or
a risk of damage to a neighboring property.[1]
Materials that are abandoned, discarded, or destined for
recycling. The term includes rubbish, garbage, scrap metal, tires,
appliances, vehicles, general trash, construction/demo debris, etc.
[Added 12-10-2018 by Ord.
No. 1652]
Combustible and noncombustible waste materials, except garbage.
The term shall include the residue from the burning of wood, coal
coke, and other combustible materials, paper, rags, cartons, boxes,
wood, excelsior, rubber, leather, tree branches, yard trimmings, tin
cans, metals, mineral matter, glass, crockery and dust, construction/demo
debris and other similar materials.
[Added 12-10-2018 by Ord.
No. 1652]
Any facade located on the ground floor of a commercial building
having one or more storefront windows.
[Added 12-10-2018 by Ord.
No. 1652]
Any window of any commercial building that permits an unobstructed
public view into the interior of the building from any immediately
adjacent street, sidewalk or right-of-way.
[Added 12-10-2018 by Ord.
No. 1652]
Constructed objects. For purposes of this chapter, the term
includes, but is not limited to, buildings, sheds, garages, swimming
pools and recreational facilities.
[Added 12-10-2018 by Ord.
No. 1652]
A building or structure that is not lawfully occupied.
Any building or structure or any portion of a building or
structure that is generally open to entry from outside of the building
or structure without the use of keys, tools, ladders, electronic swipe
cards or pass codes.
Any building or structure or any portion of any building
or structure that is:
Unoccupied and unsecured for a period of 60 days.
[Amended 12-10-2018 by Ord. No. 1652]
Unoccupied and secured by other than normal means.
Unoccupied and unsafe as determined by the Borough of Crafton
Code Enforcement Officer.
Unlawfully occupied by a person or persons without a lease or
agreement with the record owner of the property.
Unlawfully occupied by a person or persons without the record
owner having a valid occupancy permit for the property.
Unoccupied for a period of 180 days and the Code Enforcement
Officer has issued a notice of code violation.
[Amended 12-10-2018 by Ord. No. 1652]
A storefront shall be deemed vacant if no person or persons
currently conducts a lawfully licensed business there.
[Added 12-10-2018 by Ord.
No. 1652]
An opening in a building that has a glass casement for permitting
natural light into a building.
[Added 12-10-2018 by Ord.
No. 1652]
A visual representation of information or graphics for viewing
by the public in a window.
[Added 12-10-2018 by Ord.
No. 1652]
A sign that is painted on, applied, attached to a window,
or that is located within the interior of a structure and that is
plainly visible and is erected, constructed or maintained for the
primary purpose of being viewed from the exterior of that structure.
[Added 12-10-2018 by Ord.
No. 1652]
[1]
Editor's Note: The former definition of "record owner,"
which immediately followed this definition, was repealed 12-10-2018
by Ord. No. 1652.
A.
An owner shall register a vacant property with the Code Enforcement
Officer on a form or forms provided by the Borough and pay the appropriate
registration fee, as set from time to time by resolution of Borough
Council.
[Added 12-10-2018 by Ord.
No. 1652[1]]
B.
The record owner of a property shall register with the Code Enforcement
Officer any vacant property in the Borough within 30 days of such
property becoming vacant or within 10 days of being notified by mail
by the Code Enforcement Officer that a property is vacant as found
through the Code Enforcement Officer's normal inspection process,
and annually thereafter by July 15, for each subsequent calendar year,
if such building or structure continues to be a vacant building or
structure during each subsequent calendar year, until such time as
such building or structure ceases to be a vacant building or structure.
[Amended 12-10-2018 by Ord. No. 1652]
C.
The registration shall be on forms provided by the Code Enforcement
Officer and include the following information:
(1)
A description of the property, including the date of vacancy.
[Amended 12-10-2018 by Ord. No. 1652]
(2)
A statement as to the availability of utilities (i.e., water, gas,
electric service) to the property.
(3)
The names and addresses of the record owners and, if the record owners
are not located within the Commonwealth of Pennsylvania, an agent
located within the Commonwealth of Pennsylvania authorized to accept
service on their behalf.
(4)
The name and address of any third party with whom the record owner
has entered into an agreement to manage the property on the record
owner's behalf.
(5)
The names and addresses of all lien-holders and any other property
owner with an ownership interest in the property.
(6)
A telephone number for a party with authority to take action on behalf
of the record owner where said party can be reached in the event of
an emergency involving the vacant property.
D.
The record owner or his agent must submit to the Code Enforcement
Officer a vacant property plan that must be approved by the Code Enforcement
Officer. The vacant property plan must state, at a minimum, whether
the vacant property shall be demolished, remain vacant or be returned
to occupancy or use and the appropriate information from the choices
below:
(1)
If the vacant property is to be demolished, the record owner must
submit a demolition plan that includes a time frame for which the
demolition will occur and an amount placed into escrow as required
to secure a demolition permit.
(2)
If the property is to remain vacant, the record owner shall file
with the Code Enforcement Officer:
(a)
A plan for securing the building in accordance with § 108.2,
Closing of Vacant Structures, of the International Property Maintenance
Code which shall be completed within 30 days of filing.
(b)
A plan for maintaining the property in accordance with § 301.3,
Vacant Structures and Land, of the International Property Maintenance
Code.
(c)
A statement as to the reasons why the property must remain vacant.
(d)
An amount placed into escrow that is equal to the amount that
would be required by the Borough in obtaining a demolition permit.
(3)
If the property is to be rehabilitated and returned to use, the record
owner or his agent shall file a plan for returning said property to
use that is approved by the Code Enforcement Officer along with an
amount placed in escrow as would be required if the record owner was
obtaining a demolition permit.
E.
It is the responsibility of the record owner to ensure that all laws
and codes are complied with. Failure of the record owner to comply
with all applicable laws and codes shall result in immediate revocation
of the plan, and the record owner shall be subject to any and all
applicable penalties provided by law.
F.
Any change in the information provided to the Code Enforcement Officer
shall be reported in writing to the Code Enforcement Officer within
30 days of the record owner becoming aware of said changes.
G.
Any changes to the plans or timetables submitted to the Code Enforcement
Officer must be submitted to and approved by the Code Enforcement
Officer.
H.
In the event of any sale of any vacant property, the purchasing record
owner shall comply with the registration provisions of this chapter
within 30 days of the closing of the sale.
I.
The Borough Manager is hereby empowered to withhold no-lien letters
if a vacant property is not registered in accordance with this chapter.
[Amended 12-10-2018 by Ord. No. 1652]
A.
The registration fee and any subsequent modifications to the registration
fee shall be established by resolution of Borough Council. The fee
structure is based on the number of years the building, storefront,
or portion thereof, has been vacant under its current ownership.
B.
A waiver of fees may be granted for the current year if the applicant
provides information that establishes within a reasonable degree of
certainty, including through Borough inspections, the conditions set
forth below within 15 days of such property becoming vacant or within
five days of being notified by the Code Enforcement Officer that a
property is vacant and by June 15 of each subsequent calendar year,
if such building or structure continues to be a vacant building or
structure during each subsequent calendar year, until such time as
such building or structure ceases to be a vacant building or structure:
C.
Where a property has been damaged by fire or by extreme weather conditions, the registration requirements of § 167-3B of this chapter shall be exempted for a period of 90 days from the date of the fire or extreme weather condition, provided that the record owner submits a written request for exemption to the Borough Code Enforcement Officer that includes:
D.
If the status of the registration information changes during any
calendar year, it is the responsibility of the new owner, their representative,
or agent for the same to notify the Borough in writing within 30 days
of the occurrence of such change.
E.
Each owner of a vacant building or structure not providing a residence,
office or business location with an address within 40 miles from the
corporate boundaries of the Borough shall designate a local agent
and shall provide the complete name, address, telephone number and
email address of such local agent on the registration form filed with
the Borough. Such owner shall also provide a statement signed by the
local agent whereby the local agent accepts the designation as local
agent of such owner or interest holder. Such signed statement shall
be an acknowledgment by the local agent of the requirements, responsibilities,
and obligations under this chapter. With such designation, a local
agent shall be authorized by such owner to accept service of process,
notices, statements, invoices, and other communications resulting
from or related to this chapter on behalf of such owner or interest
holder. With such designation, a local agent shall be responsible
for providing the Borough with access to the vacant building or structure
for the purposes of making inspections, maintaining and securing the
vacant building or structure, and responding to any emergency associated
with the vacant building or structure affecting the public health,
safety or welfare. Each owner and each respective local agent shall
be jointly and severally responsible for compliance with ordinances
of the Borough and the laws of the Commonwealth of Pennsylvania as
applied to the vacant building or structure.
[Amended 12-10-2018 by Ord. No. 1652]
A.
The Code Enforcement Officer is hereby authorized to perform the
necessary inspections to ensure compliance with this section and the
applicable provisions of the Property Maintenance Code, Building Code
and/or Fire Prevention Code. An inspection must be completed within
30 days of the initial registration. In addition, a biannual inspection
of a registered vacant building shall be performed. These inspections
must occur within 60 days of the anniversary date of the initial registration
date. A fee in an amount as established, from time to time, by Borough
Council shall offset the cost of the inspection program.
B.
If violations of this chapter or applicable codes, as identified in § 167-5A are identified, the Borough shall issue a notice of violation per the requirements of all applicable codes and give notice to the owner or local agent to comply with the codes with a time to cure. If the violations are not corrected within the time given, the property may be declared a public nuisance.
C.
The Code Enforcement Officer is directed to make every effort to
attempt to make arrangements with the owner or local agent to perform
biannual inspections of vacant property. If 15 days have lapsed from
the Code Enforcement Officer's initial attempt to contact the
owner or local agent by mail, the Code Enforcement Officer shall send
a request for access to the owner or local agent via certified, United
States mail. If the owner or local agent does not provide access to
the vacant property upon the expiration of 15 days from the date the
Code Enforcement Officer attempts to contact the record owner by certified,
United States mail, the Code Enforcement Officer shall obtain entry
via the issuance of a warrant by a court of competent jurisdiction.
(1)
The cost of any certified mailings necessary for the Code Enforcement
Officer to obtain access to the vacant property shall be passed on
to the owner or local agent of the vacant property and shall be included
in the total of any lien placed on the property.
(2)
In the event it is necessary for the Code Enforcement Officer to
obtain a warrant to perform the above inspection, an additional fee,
in an amount as established, from time to time, by resolution of the
Borough Council, shall be assessed to the owner or local agent to
offset the cost to the Borough of obtaining such a warrant.
D.
If the owner or local agent cannot be available at the proposed time,
said owner or local agent shall provide no less than twenty-four-hour
written notice to the Borough. Upon failure to give such written notice,
or upon failure to gain entry, an administrative fee of $100 will
be assessed against the owner or local agent. 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 Borough, constitute a violation of this or
the applicable code including, but not limited to, the Crafton Property
Maintenance Code. Failure of an owner or local agent to appear for
a scheduled inspection shall be considered probable cause for obtaining
a search warrant to inspect the premises.
E.
Nothing in this section shall preclude the Borough from performing
an inspection upon receipt of a complaint or violation of the ordinances
of the Borough existing at the building or structure. Said inspections
shall be in accord with the applicable codes, ordinances, regulations
and policies established by the Borough.
A.
No person, firm, association or corporation shall erect, install,
place or maintain boards over the doors, windows or other openings
of any building or structure or otherwise secure such openings by
a means other than the conventional method used in the original construction
and design of the building or structure without first applying for
and receiving a permit. Any property that is boarded up at the time
of the adoption of this chapter shall have six months from the date
of this chapter to make application to continue to board.
B.
The Code Enforcement Officer shall issue a boarding permit upon the
submission of a written application by the record owner or his agent
and receipt of the required fee.
(1)
The fee for a boarding permit shall be in an amount as established,
from time to time, by resolution of the Borough Council.
(2)
The application for a boarding permit shall include:
(a)
The name and address of the record owner.
(b)
A time line for obtaining appropriate permits for remediation
of the reasons making the boarding of the property necessary.
(c)
A notarized affidavit of consent to enter authorizing the Code
Enforcement Officer to gain entry to the property at any time for
the purpose of inspecting the property and ensuring that the property
is not being used by squatters.
(d)
An escrow fee in an amount as established, from time to time,
by resolution of the Borough Council.
(3)
A board-up permit may be renewed for one six-month period upon the
submission of a written application by the record owner or his agent,
the payment of the required fee and a statement as to what action
is to be taken to bring the property into conformance with applicable
laws and codes.
(a)
The renewal fee for a boarding permit shall be in an amount
as established, from time to time, by resolution of the Borough Council.
(4)
A renewal board-up permit may not be extended beyond the renewal
period nor may a new application for the same property be issued by
the Code Enforcement Officer for a period of one year after the expiration
of the initial permit and its one renewal except upon approval by
Council upon good cause shown. Good cause shall be when the record
owner has exercised due diligence in attempting to make necessary
repairs to the vacant property and events beyond the record owner's
control, such as inability to obtain financing for the repair, inability
to find a suitable buyer with evidence that the property has been
listed on the Pennsylvania Multi-List, unanticipated delays in construction
or unanticipated damage to the property, shall permit for a renewal
of the boarding permit.
[Added 12-10-2018 by Ord.
No. 1652]
A.
Properties subject to registration under this chapter shall be kept
free of weeds, high grass, dry brush, dead vegetation, trash, garbage,
junk, debris, rubbish, building materials, any accumulation of newspapers,
circulars, flyers, notices (except those required by federal, state
or local law), discarded personal items including, but not limited
to, furniture, clothing, large and small appliances, printed material,
vehicle or vehicle parts, or any other items that give the appearance
that the property is abandoned or vacant.
B.
The property shall be maintained free of graffiti, tagging or similar
markings.
C.
Visible front, side and rear yards shall be landscaped and maintained.
Landscaping includes, but is not limited to, grass, ground covers,
bushes, shrubs, hedges or similar plantings, decorative rock or bark,
or artificial turf sod. Landscaping does not include weeds, gravel,
broken concrete, asphalt, plastic sheeting, indoor-outdoor carpet
or any similar material unless approved by the Borough.
D.
Pools and spas shall be kept in working order so the water remains
clear and free of larvae, pests, pollutant and debris, or drained
and kept dry. In either case, a property with a pool or spa must comply
with the minimum security fencing requirements of the Borough's
Property Maintenance Code.
E.
Adherence to this section does not relieve any owner of any obligations
set forth in any other ordinance of the Borough.
F.
An owner required to register a property under this chapter is hereby
given 30 days to comply with these maintenance requirements.
[Added 12-10-2018 by Ord.
No. 1652]
A.
Properties subject to registration under this chapter shall be maintained
in a secure manner so as not to be accessible to unauthorized persons,
vermin, and any other pests.
B.
Secure manner includes, but is not limited to, the closure and locking
of windows, doors (walk-through, sliding and garage), gates, and any
other opening of such size that it may allow an uninvited person to
access the interior of the property and/or structure(s). In the case
of broken windows, securing means the re-glazing or boarding of the
window.
C.
If the property has been condemned, the property shall be posted
with the name and twenty-four-hour contact phone number of the owner
and local property management company. The posting shall be no less
than eight inches by 11 inches and shall be of a font that is legible
and shall contain along with the name, Crafton Borough vacant property
registration number, a twenty-four-hour contact number, and the words
"THIS PROPERTY MANAGED BY" and "TO REPORT PROBLEMS OR CONCERNS CALL.
. .". The posting shall be placed on the interior of the window facing
the street to the front of the property, or, if no such area exists,
on an area of sufficient size to support the posting in a location
that is visible to the front of the property, but not readily accessible
to vandals. Exterior posting must be constructed of, and printed with,
weather-resistant materials.
[Added 12-10-2018 by Ord.
No. 1652]
A.
Responsibility for compliance with this section include any person
owning, leasing, maintaining, or otherwise in possession or control
of any vacant storefront located within the Borough, or any owner
of the property upon which the vacant storefront is located.
B.
The vacant storefront of a commercial building located in the Borough
shall be maintained in good condition, kept neat, clean, secure, free
of graffiti, and lighted.
C.
In order to improve overall security, any vacant storefront that
is located within the Borough shall, not more than 60 business days
after the date on which the ground floor premises first becomes vacant,
contain a window display, or other form of decorative screen, in each
of the storefront windows. The Borough shall approve all window displays.
Handwritten signs are not permitted. Professionally made window signs
and real estate signs are permitted provided they meet the requirements
of the Crafton Borough Zoning Ordinance.[1]Not more than three square feet of informational signage
such as real estate signs or contact information may be placed in
a vacant ground floor window. Larger professional signs that function
as the window display are permitted.
The Code Enforcement Officer shall, on a quarterly basis, submit
to the Mayor and Borough Council a report of all properties within
the Borough that shall be found to be vacant under this chapter. The
report shall also include the addresses of properties removed from
this list during the previous quarter.
[Amended 12-10-2018 by Ord. No. 1652]
Any person who violates, or permits the violation, of any provision
of this chapter shall, upon conviction in a summary proceeding, be
subject to a fine of $1,000, and costs of the prosecution for each
offense, including reasonable attorney's fees, or imprisonment
not to exceed 30 days, or both fine and imprisonment. A separate offense
shall arise for each day or portion thereof in which a violation is
found to exist or for each section of this chapter found to have been
violated. All fines and penalties for the violation of this chapter
shall be paid to the Borough Treasurer. The Borough may also commence
appropriate actions in equity or other to prevent, restrain, correct,
enjoin, or abate violations of this chapter.
The provisions of this chapter, so far as they are the same
as any other ordinance or regulation in force prior to the enactment
of this chapter, are intended as a continuation of those existing
ordinances and regulations and not as new enactments. The provisions
of this chapter shall not affect any act done or liability incurred,
nor shall they affect any suit or prosecution pending or to be instituted
to enforce any existing or repealed ordinance, regulation or parts
thereof.[1]
[1]
Editor’s Note: Former §§ 167-10, Inconsistent
ordinances repealed, and 167-11, When effective, which immediately
followed this section, were repealed 12-10-2018 by Ord. No. 1652.
