[HISTORY: Adopted by the City Council of
the City of Greensburg 7-13-1992 by Ord. No. 1541. Amendments noted where
applicable.]
This chapter shall be known as the "Property
Maintenance Code Ordinance of the City of Greensburg."
[Amended 4-9-2007 by Ord. No. 1942; 7-13-2009 by Ord. No.
1982; 1-12-2023 by Ord. No. 2146]
That a certain document, one of which is on file in the office of the Planning and Development Department of the City of Greensburg, being marked and designated as the International Property Maintenance Code, 2018 edition, as published by the International Code Council, be and is hereby adopted as the Property Maintenance Code of the City of Greensburg, in the State of Pennsylvania, for regulating and governing all conditions and maintenance of all property, buildings and structures; by providing the standards for supplied utilities and facilities and other physical things and conditions essential to ensure that structures are safe, sanitary and fit for occupation and use; and the condemnation of buildings and structures unfit for human occupancy and use, and the demolition of existing structures as herein provided; providing for the issuance of permits and collection of fees therefor; and each and all of the regulations, provisions, penalties, conditions and terms of said Property Maintenance Code on file in the office of the Planning and Development Department are hereby referred to, adopted, and made a part hereof, as if fully set out in this chapter, with the additions, insertions, deletions and changes, if any, prescribed in § 205-3 of this Code.
[Amended 12-21-1994 by Ord. No. 1646; 4-9-2007 by Ord. No.
1942; 7-13-2009 by Ord. No. 1982; 6-10-2013 by Ord. No. 2024; 9-14-2015 by Ord. No. 2057; 9-11-2017 by Ord. No.
2077; 1-12-2023 by Ord. No. 2146]
The following sections of the 2018 edition of
the International Property Maintenance Code are hereby revised:
A.
Section 101.1, Title. Insert: "City of Greensburg."
B.
Section 103.1 is stricken and replaced as follows:
"The Department of Property maintenance inspection shall be a part
of the City of Greensburg Planning and Development Department and
the executive official in charge thereof shall be known as the Code
Official."
C.
Section 103.5 is stricken and replaced as follows:
"The fees for activities and services performed by the Department
in carrying out its responsibilities under this code shall be as indicated,
and as updated from time to time, in City of Greensburg Code Chapter
151."
C1.
Section 104.2, Inspections, is amended by adding the following subsection:
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104.2.1 Inspection Program
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(1)
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All dwelling units or structures, with the exception of completely
owner occupied residential structures, shall be subject to a routine
inspection, which shall occur at least every two (2) years to determine
compliance with this Code and the Code of the City of Greensburg (collectively
referred to as "Code"). Violations shall be corrected by the property
owner as set forth in this Code.
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(2)
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It shall be unlawful for the owner of any dwelling unit or structure,
with the exception of completely owner occupied residential structures,
to transfer their ownership interest in the property without a pre-transfer
inspection confirming compliance with the Code. Where the inspection
reveals Code violations resulting in the issuance of a notice of violation
and compliance order, at the City's sole discretion which may
be withheld without reason, the transferee shall deliver a signed
and notarized affidavit acknowledging receipt of the notice of violation
and compliance order and acknowledging responsibility without condition
for making corrections to bring the property into complete compliance.
Said affidavit shall be in a form prepared by the City of Greensburg
and the duration of the time period for remediation shall be in the
discretion of the Code Official, which shall take into account the
nature of the condition and safety of the property and availability
of materials and persons to complete the remediation activities. The
term "transfer" shall not include intra family transfers and transfers
between entities that contain functionally the same ownership, such
as a transfer from a person to an LLC solely owned by the same person.
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D.
Section 106.4, Violation penalties. Strike Section
106.4 and replace as follows: "Any person, firm or corporation who
shall violate any provision of this code shall, upon conviction thereof,
be subject to a fine of not less than $100 nor more than $1,000 or
imprisonment for a term not to exceed 90 days, or both, at the discretion
of the court. Each day that a violation continues after due notice
has been served in accordance with the terms and provisions hereof
shall be deemed a separate offense."
D1.
Section 107.6, Transfer of ownership, is stricken and replaced as
follows:
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107.6 Transfer of ownership.
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It shall be unlawful for the owner of any dwelling unit or structure
who has received a compliance order or upon whom a notice of violation
has been served to sell, transfer, mortgage, lease or otherwise dispose
of such dwelling unit or structure to another until the provisions
of the compliance order or notice of violation have been complied
with, or until such owner or the owner's authorized agent shall
first furnish the grantee, transferee, mortgagee or lessee a true
copy of any compliance order or notice of violation issued by the
code official and shall furnish to the code official a signed and
notarized affidavit, as set forth in Subsection 104.2.1(2), from the
grantee, transferee, mortgagee or lessee, acknowledging the receipt
of such compliance order or notice of violation and fully accepting
the responsibility without condition for making the corrections or
repairs required by such compliance order or notice of violation.
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E.
Section 108.3 Notice is amended by adding the following
at the end of said section: "Service of such notice in the foregoing
manner, by posting a copy of the notice in a conspicuous place in
or about the structure and/or equipment along with mailing the notice
using U.S. first-class regular mail, shall constitute notice upon
the owner."
F.
Sections 111.1 through 111.4.1 are hereby stricken
and replaced as follows:
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SECTION 111
MEANS OF APPEAL
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111.1 Application for appeal. Any
person directly affected by a decision of the Code Official or their
designee or a notice or order issued under this chapter shall have
the right to appeal to City Council by filing a written application
for appeal with the City Administrator within 20 days after the date
of the decision, notice or order. Provided a written application for
appeal is timely filed, a hearing will be scheduled before City Council
and the appellant will be provided at least 10 days' notice of the
hearing. The written application for appeal must:
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Contain a brief statement of the reasons for the appeal;
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Include the name and address of the appellant to which notice
of the hearing can be given; and
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Include payment of the appeal fee set forth in Chapter 151.
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Sections 111.2 through 111.4.1 are reserved.
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G.
Failure to comply. Insert "$100" and "$1,000."
H.
Section 302.4, Weeds. Insert: "six inches."
I.
Section 304.14, Insect screens. Insert: "May 1 to
October 1."
J.
Section 507.1, General, shall be amended to insert
the following sentence at the end: "Under no circumstances shall any
drainage activities be conducted in violation of Greensburg Code Chapter
219."
K.
Section 602.3, Heat supply. Insert: "September 1 to
May 1."
L.
Section
602.4, Occupiable work spaces. Insert: "September 1 to May 1."
M.
Section
704, Fire protection systems. Add the following revised paragraphs.
N.
Section
704 shall be amended by adding the following Sections 704.8 though
704.10.
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704.8 Notification. All existing
buildings which have been tied to the City's Gamewell Fire Box System
in the past must be converted to an UL-approved centrally monitored
agency as of December 31, 2008, or sooner.
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704.9. All buildings requiring
a central monitoring fire alarm system must be tied to an UL-approved
central monitoring service and must comply with all regulations regarding
a central monitoring service as per NFPA 72.
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704.10. Any building requiring
a central monitoring fire alarm system and all buildings with two
or more dwelling units must provide a Knox-Box® access at the main
entrance of the building for Fire Department use.
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Nothing in this chapter or in the Property Maintenance
Code hereby adopted shall be construed to affect any suit or proceeding
impending in any court or any rights acquired or liability incurred
or any cause or causes of action acquired or existing under any act
or ordinance hereby repealed, as cited in Section 4 of this ordinance,[1] nor shall any just or legal right or remedy of any character
be lost, impaired or affected by this chapter.
[1]
Editor's Note: Original Section 4 provided
for the repeal of all ordinances or parts of ordinances inconsistent
with the provisions of this chapter.
[Added 8-12-2019 by Ord. No. 2096]
A.
It is the purpose and intent of the City of Greensburg to establish
a process to address the amount of deteriorating real property located
within the City, which includes but is not limited to property, whether
vacant or occupied, about which a public notice of default has been
filed, is in foreclosure, or where ownership has been transferred
to lender or mortgagee by any legal method.
B.
It is the City's intent to specifically establish a vacant or abandoned
residential property program as a mechanism to protect the City from
becoming blighted through the lack of adequate maintenance and security
of abandoned properties.
C.
For the protection and promotion of the public health, safety, and
welfare of the citizens of the City of Greensburg, the City Council
hereby establishes the rights and obligations of owners, mortgagees
and property management companies of vacant and abandoned properties
within the City and encourages owners, mortgagees and property management
companies to maintain and secure such property through registration
and compliance with this chapter.
The following words, terms and phrases, when used in these sections
of the article, shall have the meanings ascribed to them in this section,
except where the context clearly indicates a different meaning:
Any property that is vacant or is subject to a mortgage under
a current notice of default or notice of mortgagee's sale, pending
tax claim sale or vacant properties that have been the subject of
a foreclosure sale where the title was retained by the beneficiary
of a mortgage involved in the foreclosure and any properties transferred
under a deed in lieu of foreclosure or sale.
Any building official, zoning inspector, code enforcement
officer, health officer, police officer, fire inspector or building
inspector employed by the City.
Any condition that on its own, or combined with other conditions
present would lead a reasonable person to believe that the property
is vacant. Such conditions may include, but not be limited to, overgrown
or dead vegetation, accumulation of abandoned personal property, extensive
or pervasive damage of improvements to real property, broken or boarded
up windows and/or doors, statements by neighbors, passers-by, delivery
agents or government agents, among other evidence that the property
is vacant.
The process by which a property, placed as security for a
real estate loan, is sold at public sale to satisfy the debt if the
borrower defaults.
A conveyance of title to property that is given as security
for the payment of debt or the performance of a duty and that will
become void upon payment or performance according to the stipulated
terms.
One to whom property is mortgaged or the mortgage creditor
or lender.
A mortgagee who takes control of mortgaged land by agreement
with the mortgagor, usually upon default of the loan secured by the
mortgage.
Any person, agent, operator, firm or corporation having a
legal or equitable interest in real property; or recorded in the official
records of the commonwealth, county or City as holding title to the
property; or otherwise having control of the property, including the
guardian of the estate of any such person, and the trustee, executor
or administrator of the estate of such person if authorized by law
to take possession of real property, or if ordered or authorized to
take possession of real property by a court.
An individual, sole proprietorship, business organization,
corporation, partnership or any other group and/or entity acting as
a unit.
A property manager, property maintenance company or similar
entity or individual responsible for the maintenance of abandoned
real property.
Any building/structure that is not legally occupied. The definition shall not include properties that are subject to a valid building permit. A lawfully operated and duly registered student house, pursuant to Greensburg Code Chapter 265, shall not be considered vacant if unoccupied for the traditional summer break, from May 1 through September 1.
These sections shall be considered cumulative and not superseding
or subject to any other law or provision for same, but shall rather
be an additional remedy available to the City above and beyond any
other state, county or local provisions for same.
A.
The owner of vacant and/or abandoned real property shall register
the property with the City within 30 days of the vacancy or abandonment
of the property, and annually thereafter, by February 1 of each year
the property remains vacant and/or abandoned. The owner shall register
the property with the City, or its designee, on forms provided by
the City. Within 10 days of the property being lawfully occupied,
the owner shall provide notice of the same to the City. The registration
fee shall not be prorated based upon the date of registration.
B.
Any mortgagee who holds a mortgage on real property located within
the City shall, upon default by the mortgagor and prior to the issuance
of a notice of default, perform an inspection of the property that
is the security for the mortgage. If the property is found to be vacant
or shows evidence of vacancy, it shall be deemed abandoned real property
and the mortgagee shall, within 10 days of the inspection, register
the property with the City, or its designee, on forms provided by
the City.
C.
If the property is occupied but the mortgage on the property remains
in default, the property shall be inspected to determine vacancy or
occupancy status by the mortgagee or his designee monthly until the
mortgagor or other party remedies the default, or it is found to be
vacant or shows evidence of vacancy at which time it is deemed abandoned,
and the mortgagee shall, within 10 days of that inspection, update
the property registration to a vacancy status providing the date of
last inspection on forms provided by the City.
D.
Registration pursuant to this section shall contain the name of the
owner and/or mortgagee, and such person's direct mailing address,
a direct contact name and telephone number, facsimile number, and
email address, the tax number and address of the vacant and/or abandoned
property, and the name and twenty-four-hour contact phone number of
the property management company responsible for the security and maintenance
of the property, if one exists.
E.
This section shall also apply to properties that have been the subject
of a foreclosure sale where the title was transferred to the beneficiary
of a mortgage involved in the foreclosure and any properties transferred
under a deed in lieu of foreclosure/sale, and the property remains
vacant.
F.
The registration fees charged pursuant to this article of Chapter 205 shall be set from time to time by the Council by way of resolution and put on the City's fee schedule. The Council may set different fees rates for residential and commercial properties.
G.
Properties subject to this section shall remain under the registration
requirement, security and maintenance standards of this section as
long as they remain vacant.
H.
Any person or corporation that has registered a property under this
section must report any change of information contained in the registration
in writing within 10 days of the change to the City or its designee.
A.
Properties subject to this Article II shall be kept free of weeds, overgrown brush, dead vegetation, trash, junk, debris, building materials, any accumulation of newspapers, circular, flyers, notices (except those required by federal, state, or local law), abandoned vehicles, portable storage devices, discarded personal items, including, but not limited to, furniture, clothing, large and small appliances, printed material or any other items that give the appearance that the property is abandoned.
B.
The property shall be maintained free of graffiti or similar markings
by removal or painting over with an exterior grade paint that matches
the color of the exterior structure.
C.
Front, side, and rear yards, including landscaping, shall be maintained
in accordance with the City's ordinances, including, by example and
not limitation, the City's Property Maintenance Code.
D.
Yard maintenance shall include, but not be limited to grass, ground
covers, bushes, shrubs, hedges or similar plantings, decorative rock
or bark or artificial turf/sod designed specifically for residential
installation. Acceptable maintenance of yards and/or landscaping shall
not include weeds, gravel, broken concrete, asphalt or similar material.
E.
Maintenance shall include, but not be limited to cutting, trimming,
and mowing of required ground cover or landscape and removal of all
trimmings.
F.
Pools and spas shall be maintained so that the water remains free
and clear of pollutants and debris, and does not cause a danger to
the public health, safety, and welfare. Pools and spas shall comply
with all requirements of the City's ordinances, the City's Property
Maintenance Code, and Pennsylvania Uniform Construction Code, as amended
from time to time.
G.
Failure of the owner or mortgagee to properly maintain the property
may result in a violation of the City's Code and subject the owner
or mortgagee to the enforcement provisions of this article and the
City Code.
A.
Properties subject to this article shall be maintained in a secure
manner so as not to be accessible to unauthorized persons.
B.
A "secure manner" shall include, but not be limited to, the closure
and locking of windows, doors, gates and other openings of such size
that may allow a child to access the interior of the property or structure.
Broken windows shall be secured by reglazing of the window.
C.
If the owner and/or mortgagee is unable or unwilling to perform maintenance
and inspections itself, the owner or mortgagee shall contract with
a property management company who shall perform monthly inspections
to verify compliance with the requirements of this section, and any
other applicable laws. Upon the request of the City, the owner or
mortgagee shall provide a copy of the inspection reports to the City
or its designee.
The enforcement officer or its designee shall have authority to require the owner and/or mortgagee of any property affected by this article to implement maintenance or security measures including, but not limited to, securing any and all doors, windows or other openings, employment of an on-site security guard, or other measures as may be reasonably required to prevent a decline of the property. The enforcement officer or its designee shall exercise this authority through the issuance of a notice of violation, pursuant to § 205-13, which outlines the appropriate corrective action. Further, in view of the last referenced authority, it is specifically declared that:
A.
In the event that the owner and/or mortgagee fail to take appropriate
action to secure the structure within 10 days of demand by the enforcement
officer or designee as outlined above, and the enforcement officer
determines that the unsecured structure presents a danger to the public
health, safety, and welfare of the community, the City may secure
the structure, and charge the owner and/or mortgagee for the actual
costs of securing the structure, including the cost of using a City
employee to secure the structure. If the condition of the real property
creates an immediate danger to the public health, safety, and welfare
of the community, the City is authorized to immediately secure the
structure, issue the notice of violation, and charge the owner and/or
mortgagee for the actual costs of securing the structure, including
the cost of using a City employee to secure the structure.
B.
Whenever a structure or equipment is determined by the enforcement
officer or its designee to be unsafe, or when the enforcement officer
or City determines that a structure is unfit for human occupancy or
found to be unlawful such that said structure shall be subject to
condemnation proceedings under the Property Maintenance Code as adopted
by the City (with amendments thereto), then such structure may be
condemned under the provisions of the Property Maintenance Code. If
and when the City elects to condemn the property, all continuing and
future action by the City shall be governed by the requirements of
the Property Maintenance Code.
Any City officer or employee or any person authorized by the City to take action pursuant to this Article II shall be immune from prosecution, civil or criminal, for reasonable, good faith trespass upon real property while in the discharge of duties imposed by this article.
Whenever real property or an owner and/or mortgagee is in violation of the provision(s) of this Article II, the enforcement officer or its designee shall provide notice of such violation to the owner and/or mortgagee, detailing the violation and the appropriate corrective action. Notice shall be by way of certified, restricted delivery mail requiring the signature of the owner and/or mortgagee. If the same is returned as nondeliverable or not accepted by said owner and/or mortgagee, the notice of violation shall be mailed to the owner and/or mortgagee by way of regular first class mail and the notice shall also be conspicuously posted on the real property for a period of 14 days. The posted notice shall be in a clear plastic sleeve with the opening taped so as to lessen the affect of moisture on the notice. All notices of violation shall be accompanied by a copy of this Article II. The owner shall have 10 days to comply with the notice of violation. The ten-day period shall begin on the date that the owner and/or mortgagee accepted the certified, restricted delivery mail, or upon the completion of the fourteen-day posting requirement. Failure to comply with the notice may lead to enforcement of this Article II pursuant to § 205-14.
A.
It shall be a violation of this Article II to commit or permit any other person to commit any of the following acts:
(1)
To fail to perform any inspection or to register any property as required by the provisions of this Article II.
(4)
To fail to perform the inspection and maintenance relating to properties so that they are maintained in a secure manner as required by the provisions of this Article II.
B.
Penalties and remedies.
(1)
Any person who shall violate any of the provisions of this article shall be guilty of a summary offense and, upon conviction thereof before a Magisterial District Judge, shall be sentenced to pay a fine of $1,000 and the cost of prosecution for each and every offense, and in default of payment thereof, shall be sentenced to imprisonment in Westmoreland County Prison for not more than 30 days. Each violation and each day of violation shall constitute a separate offense. If an appeal is duly and timely filed, pursuant to § 205-16, the City shall stay enforcement proceedings before the Magisterial District Judge until resolution of the appeal.
(2)
In addition to prosecution of the persons violating this Article II, the City may bring such civil or equitable actions, seeking civil or equitable remedies, in any appropriate court of record of the Commonwealth of Pennsylvania, against any persons and/or property, real or personal, to enforce the provisions of this article. The remedies and procedures of this article are not intended to supplant or replace, to any degree, the remedies provided to the City in the City's Property Maintenance Code, Uniform Construction Code, Zoning Ordinance, or any other City Code or ordinance.
A.
Any person aggrieved by the issuance of a notice of violation may
file an appeal from that notice to the City Council within 10 days
of the notice of the violation. The appeal shall set forth the factual
and legal basis as to why the City's action against such real property,
owner and/or mortgagee was unlawful. A public hearing shall be heard
on the appeal within 30 days of the filing of the appeal, at which
time the appellant shall present their appeal. The City employee,
official, enforcement officer or designee responsible for the action
giving rise to the appeal may make a presentation to the City Council.
The City Council shall issue a decision on the appeal following the
presentment of the appeal and prior to the close of the public hearing.
B.
Any person aggrieved by any decision of the City Council relevant
to the provisions of this article may appeal to the Westmoreland County
Court of Common Pleas within 30 days of the decision.
