[HISTORY: Adopted by the Borough Council of the Borough of
Towanda as indicated in article histories. Amendments noted where
applicable.]
[Adopted 3-6-2023 by Ord. No. 2023-3]
This article shall be known and may be cited as the "Vacant
Storefront Maintenance Registry Ordinance of Towanda Borough."
The purposes of this article are to protect the welfare and
economic vitality of the residents of Towanda Borough by protecting
property values, maintaining neighborhood integrity, safeguarding
against economic property blight, and ensuring the safe and sanitary
maintenance of vacant commercial properties. Vacant commercial properties
can degrade the vitality of the Borough's business districts,
frustrate local planning and development efforts, create specific
risks of fire damage, vandalism, and unlawful entry or uses, and give
rise to other public health and safety hazards. This article is intended
to promote the Borough's public welfare and economic health by
requiring all property owners to register and properly maintain vacant
commercial properties.
As used in this article, the following terms shall have the
meanings indicated:
The Code Enforcement Officer of the Towanda Borough or his
or her designee.
A person or entity who, alone or severally with others:
Has legal or equitable title to any building or has care, charge,
or control of any building in any capacity, including, but not limited
to, agent, executor, executrix, administrator, administratrix, trustee,
or guardian of the estate of the holder of legal title; or
Is a tenant with a legal right to possess an entire building;
or
Is a mortgagee in possession of any building; or
Is an agent, trustee, receiver, or other person appointed by
the courts and vested with possession or control of a building; or
Is an officer or trustee of an association of unit owners of
a condominium or cooperative which contains a vacant property.
The Towanda Borough Planning Commission.
Works of art for public benefit and viewing, approved by
the Towanda Borough Planning Commission, for which owners have agreed
to the temporary display inside storefront windows or upon other safe,
visible exterior surfaces of vacant properties for agreed upon time
periods and other material terms.
The ground or street level floor of any building which:
Is located in a C-2 or C-3 commercial zoning district;
Is not legally occupied, is abandoned, or is not used for a
period of at least 30 consecutive days or longer by occupants having
custody or legal right of entry to such property; or
Which is intermittently occupied by persons with legal right
of entry, but exhibits in the opinion of the Code Enforcement Officer
dilapidated walls, roof, or doors which fail to prevent the entry
of a trespasser for a period of more than seven days.
A.
Prior to, or not more than 30 days after a unit or any portion becomes
a vacant building as defined herein, the owner(s) must register the
vacancy with the Code Enforcement Officer on forms provided for such
purpose. All registrations must state the owner's name, phone
number, and mailing address as well as an emergency contact, if not
the same. None of the required addresses shall be a post office box.
This registration must state if the property is vacant at the time
of filing. The registration shall also state the owner's efforts
to regain occupancy. Once the building is no longer vacant or is sold,
the owner must provide proof of sale or written notice and proof of
lawful occupancy to the Code Enforcement Officer. The Code Enforcement
Officer will notify police, fire, water and sewer, and Health Departments
of the submitted registration of vacant building as well as the re-occupancy
of the building.
B.
The Code Enforcement Officer may exempt a property owner from the
provisions of this section upon the presentation of evidence, in such
form as may be convincing, that the failure to use or occupy a building
for a period in excess of 30 days does not violate the purpose or
intent of this article.
A.
An annual
registration fee of $100 is due at the time of registration of the
vacant building. The property owner will be invoiced on an annual
basis until the vacant building is leased or sold. Any change in the
amount of the annual registration fee shall be set by resolution of
the Borough Council.
B.
Failure to pay the annual registration fee shall be a violation of
this section. Such fee, and any fines issued for violations of this
section, shall constitute a municipal charge on the property.
C.
Owners may apply for a waiver of the annual registration fee at the
time of registration of a vacant property and upon receipt of annual
registration fee invoices each year thereafter, requesting waiver
of some or the entire fee on grounds of demonstrable financial hardship,
or by agreeing, in writing, to display public art as defined herein
for the term of a vacancy. Waivers for public art display will be
granted only as sufficient public art appropriate to the location
is available for display and the Planning Commission, artist, and
owner agree to terms of exhibition as set by the Planning Commission.
Waivers requested on the basis of financial hardship are subject to
a thirty-day review period. If a waiver based on financial hardship
is granted it will be re-evaluated on a quarterly basis until the
property is leased or sold. If a waiver of the registration fee based
on financial hardship is denied, the registration fee is due within
30 days of the decision.
A.
The owner of a vacant building must maintain the vacant building
in accordance with all applicable local and state health, sanitation,
building maintenance, and fire codes pertaining to the maintenance
of the external or visible aspects of the building and the major systems
contained therein, and all applicable provisions of the Towanda Borough
Code pertaining to external maintenance of the property.
B.
The owner of a vacant building must promptly repair all broken windows,
doors, other openings, and any unsafe conditions at a vacant building.
Boarding up of open or broken windows and doors is prohibited except
as a temporary measure unless the Code Enforcement Officer determines
that, due to vandalism or security reasons and due to circumstances
out of the owner's control, the proper boarding of windows and
doors is necessary for a determined period of time. Boards or coverings
must be fitted to the opening size and colored to blend with the existing
building color scheme.
C.
The owner must maintain the building and property for the duration
of the vacancy or abandonment. The owner shall maintain the condition
of the building and property so as to appear not to be vacant. Street
or ground-level windows, display windows and door glass shall be kept
clean. Upon notice by the Code Enforcement Officer, any accumulated
trash and/or graffiti shall be removed from the property by the owner
within seven days. The Code Enforcement Officer shall document violations.
D.
Compliance with this section shall not relieve the owner of any obligations
set forth in any other applicable laws, regulations, codes, or ordinances.
In case of a conflict with this article, the stricter of the laws,
regulations, codes, or ordinances shall apply.
The Code Enforcement Officer, Police Chief, and Fire Chief shall
have the authority to periodically inspect the exterior and interior
of any building subject to this article for compliance, as authorized
under the terms of registration form filed with the Code Enforcement
Officer. The Code Enforcement Officer shall have the discretionary
authority to disconnect utilities immediately if a potential hazard
that may be dangerous to life and limb is present.
A.
Violations of any section of this article shall be punishable by
a fine of $500. However, the Code Enforcement Officer may waive the
fine in total or in part upon the abatement of the violation(s).
B.
The Code Enforcement Officer shall enforce all provisions of this
article and shall institute all necessary administrative or legal
action to assure compliance. Any owner found to be in violation of
this article shall receive a written warning and a minimum of seven
days to remedy all violations prior to the institution of any enforcement
action by the Code Enforcement Officer. The Code Enforcement Officer,
acting on behalf of the Borough, may also bring a civil action in
a court of competent jurisdiction seeking equitable relief to enforce
this article.
If any provision of this article is held to be invalid by a
court of competent jurisdiction, such provision shall be considered
separate and apart from the remaining provisions, which shall remain
in full force and effect.
The provisions of any ordinance which are inconsistent with
the provisions of this article are hereby repealed to the extent of
such inconsistency.
This article shall be effective immediately upon adoption.
