[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:
OWNER
A person or entity who, alone or severally with others:
A.
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
B.
Is a tenant with a legal right to possess an entire building;
or
C.
Is a mortgagee in possession of any building; or
D.
Is an agent, trustee, receiver, or other person appointed by
the courts and vested with possession or control of a building; or
E.
Is an officer or trustee of an association of unit owners of
a condominium or cooperative which contains a vacant property.
PUBLIC ART
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.
VACANT BUILDING
The ground or street level floor of any building which:
A.
Is located in a C-2 or C-3 commercial zoning district;
B.
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
C.
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.
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.
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.