[Ord. 451, 9/21/2011]
The Board of Supervisors finds that abandoned commercial, industrial
or nonresidential properties pose a unique risk to the public health,
safety and welfare because such properties are frequently not maintained
or secured properly and may have unmaintained and unsecured industrial-type
materials or hazardous waste or equipment on site. Such properties
may become attractive nuisances and provide increased opportunities
for criminal or undesirable behavior, such as squatting, trespassing,
vandalism and theft. The presence of such properties is also found
to discourage buyers from purchasing neighboring property and to lower
the value of properties in the vicinity of such vacant properties.
Such vacant properties also cause the Township to incur additional
costs in providing emergency response since no occupant is present
to initially prevent or deal with potential emergency situations.
Because the Township has limited resources to expend in assuring the
maintenance and safety of abandoned properties, it is appropriate
to focus the Township's regulatory effects on those properties with
vacant commercial, industrial-type or nonresidential buildings.
[Ord. 451, 9/21/2011, § 101]
As used in this Part, the following terms shall have the following
meanings;
A structure or building on vacant property that is accessible
through a compromised or breached gate, fence, wall, window, door,
etc., or is unsecured in such a way to allow access to the interior
space by unauthorized persons.
The Township Building Code Official and/or Zoning Officer
and/or other person or firm designated by the Board of Supervisors
to enforce this Part.
Any condition that on its own, or combined with other conditions
present, would lead a reasonable person to believe that the property
is vacant, including but not limited to the absence of furnishings
or persons consistent with use of the property for a commercial or
industrial purpose; overgrown, untended or dead vegetation; accumulation
of trash, junk, building materials and/or debris; unrepaired defects
in the exterior or interior of the building or the structure; and
observations by neighbors, Township employees or others that the property
is vacant.
Landscape includes, but is not limited to, grass, ground
covers, bushes, shrubs, hedges or similar plantings, decor of rock
or bark or artificial turf designed specifically for commercial or
industrial property application. "Landscape" does not include weeds,
gravel, broken concrete or asphalt, plastic sheeting, mulch, indoor-outdoor
carpet or of any similar material.
Includes, but it is not limited to, regular watering, irrigation,
cutting, pruning, mowing, trimming and removal of all trimmings and
replacement of dead or dying plantings.
Any person, partnership, association, corporation, entity
or fiduciary in possession of real property.
Any person, partnership, association, corporation, entity
or fiduciary having a legal or equitable title or any interest in
any real property or holding an interest as a mortgagee of the property
or the grantee under a deed of or in lieu of foreclosure, sheriff's
deed or similar conveyance, whether or not recorded.
The person or entity having title to the property as shown
on the records of the Allegheny County Department of Real Property.
The presence of such security measures as closure, locking,
padlocking, chaining, repair and/or boarding of fences, walls, windows,
doors, garages and/or other openings so as to secure the interior
of the accessible property against entry. In the case of broken windows,
"security" includes the reglazing or boarding of the window.
A building or structure used now or in the past for commercial,
industrial or other nonresidential purposes that is closed or not
regularly used for such purposes by the owner or authorized occupant.
[Ord. 451, 9/21/2011, § 102]
This Part shall be applicable to all vacant properties containing
buildings or structures built or designed or used for commercial or
industrial or similar nonresidential activities where such properties
that have been determined by the Township, upon evidence of vacancy,
to be vacant for a period of six months.
[Ord. 451, 9/21/2011, § 103]
1.
Any owner or occupant of property to which this Part is applicable
shall, within 30 days from the date of passage of this Part, or within
10 days from the date of issuance of a vacant property registration
form by the Township, take the following actions:
A.
Have the property inspected for compliance with the maintenance requirements at § 10-304 by the owner or a person authorized by the owner; and
B.
Provide the inspector's written report to the Township Code Enforcement
Officer, accompanied by a completed vacant property registration form;
and
C.
Pay, at the time of submission of the vacant property registration
form, a registration fee as may be determined by the Board of Supervisors
by way of resolution. The Board of Supervisors may provide in such
resolution that the registration fee is waived for owners or occupants
who voluntarily register within 90 days after the property becomes
vacant or within 90 days of the passage of this Part or within 10
days of receipt of a vacant property registration form from the Township.
2.
The vacant property registration form required to be completed herein
shall include the name, address of the owner, and occupant, if any,
as well as the name, address, telephone and e-mail address of a responsible
manager of the property who can be reached 24 hours a day, seven days
a week, 365 days per year, and the name, address and phone number
of a local property maintenance agent responsible for the property
and authorized to take maintenance and compliance actions on the property
who is located within 20 miles of Allegheny County.
3.
The vacant property shall remain subject to the annual registration, maintenance, security and signage requirements of this Part as long as it remains vacant. Registration must be renewed by November 15 of each calendar year. The renewal fee shall be $50 or such other amount as determined by resolution of the Board of Supervisors, provided that the Board of Supervisors may by resolution provide that the renewal fee shall be waived if the vacant property has not been found by the Code Enforcement Officer to be in violation of the standards set forth at § 10-304A through E and a renewal registration form has been timely filed.
[Ord. 451, 9/21/2011, § 104]
Vacant property shall be maintained in a manner that complies
with the following standards:
A.
The property shall be maintained free of graffiti, tagging or similar
markings.
B.
The property shall be kept free of weeds, brush, dead vegetation,
junk, debris, building materials, abandoned vehicles and any accumulation
of rubbish, refuse or discarded items.
C.
Visible front and side yards shall receive regular and effective
landscape maintenance.
D.
Security shall be provided and steps to assure that the property
is maintained in a secured condition shall be promptly taken.
E.
The owner or occupant or property management agent utilized by the
owner shall perform an inspection every 90 days to verify that the
requirements of this section are being met. The property shall be
posted with the name and twenty-four-hour contact phone number of
the owner and of the owner's property management agent. The posting
shall be on a sign no less than 18 inches by 24 inches and no larger
than 24 inches by 36 inches. The sign shall be posted on the interior
of a window facing the street to the front of the property so it is
visible from the street, or it shall be secured to the exterior of
the building or structure facing the street to the front of the property
so that it is visible from the street and in such manner that it is
not susceptible to damage, fading, or removal. The sign shall contain,
along with the owner's or occupant's name and phone number, the words,
"This Property Managed By _________________" and "To Report Problems
or Concerns, Call _________________."
[Ord. 451, 9/21/2011, § 105]
1.
The Richland Township Code Enforcement Officer shall have the primary
responsibility for enforcing this Part.
2.
Whenever the Code Enforcement Officer determines that there has been
a violation of this Part, notice shall be given to the owner or occupant
and the named property management agent, which notice shall include
the following:
A.
Description of the property address.
B.
A statement of the property condition that constitutes the violation.
C.
The ordinance section that is the basis for the violation.
D.
A correction order allowing 30 days within which to make the repairs
or take the steps necessary to bring the building or structure into
compliance with the ordinance, except that in cases of emergency or
urgently dangerous conditions, a lesser period of time for compliance
may be permitted.
E.
State that any person aggrieved shall have the right to appeal, and
state the appeal procedure and deadline.
F.
When a notice of violation is issued by the Code Enforcement Officer,
it shall be deemed to be properly served if a copy is:
(1)
Delivered personally to the owner, to the occupant or delivered
personally to their employee or agent present on the premises; or
(2)
Sent by certified or first-class mail addressed to the last
known address of the owner or occupant and/or property management
agent; or
(3)
If a mailed notice is returned showing that the letter was not
delivered, a copy thereof is posted in a conspicuous place in or about
the property; or
(4)
Any other method of service that gives reasonable notice to
the owner or occupant.
G.
Any person aggrieved by a decision of the Code Enforcement Officer
or a notice or order issued under this Part shall have the right to
appeal, within 20 days after the date of the decision, notice or order,
to the Richland Township Board of Supervisors, which Board shall have
jurisdiction to hear and rule upon appeals filed hereunder. Such appeals
shall be filed in writing, in the form prescribed by the Township,
shall state the grounds for appeal, be accompanied by the required
nonrefundable appeal fee of $50 or such other fee as is set by the
Board of Supervisors of Richland Township by resolution, and shall
be processed and heard in accordance with the Local Agency Law. All
advertising and court reporter costs resulting from the appeal will
be paid by the appellant, in addition to the appeal fee, prior to
commencement of the appeal hearing.
H.
Any person who violates or permits a violation of this Part shall,
upon being found liable therefor in a civil enforcement proceeding
commenced by the Township before a Magisterial District Judge, pay
a fine of not more than $600, plus all court costs, including reasonable
attorneys' fees, incurred by the Township in the enforcement of this
Part. If the defendant neither pays nor timely appeals the judgment,
the Township may enforce the judgment pursuant to the applicable Rules
of Civil Procedure. Each day a violation exists shall constitute a
separate offense. Further, the appropriate officers or agents of the
Township are hereby authorized to seek equitable relief, including
injunction, to enforce compliance herewith.
[Amended at time of adoption of Code (see Ch. AO)]
[Ord. 451, 9/21/2011, § 106]
The Code Enforcement Officer, with the consent of the Township
Manager, shall be authorized to have any work required to achieve
compliance with the Part performed by Township personnel or by a person
or entity engaged by the Township. In such case, any costs incurred
in a performance of such work by the Township, including but not limited
to costs of labor, material, legal review, engineering review, administrative
fees, may be recovered against the property or against the owner or
property maintenance agent of the property for the recovery of such
costs, plus attorney's fees and court costs incurred in connection
with instituting such action. The Township may, in addition to instituting
action against the property owner or property maintenance agent, file
municipal claims against the property pursuant to 53 P.S. § 7107
et seq. for the cost of the work, six-percent interest per annum,
plus a penalty of 5% of the amount due plus attorney's fees and costs
incurred by the Township in connection with the repair work and the
filing of the municipal claim.
[Ord. 451, 9/21/2011, § 107]
In addition to the enforcement remedies elsewhere stated in
this Part, the Code Enforcement Officer shall have the authority to
require the owner, occupant or property management agent to implement
additional maintenance and/or security measures, including, but not
limited to, installing additional security lighting, providing security
as to accessible property, increasing on-site inspection frequency,
employment of on-site security personnel or such other measures as
may reasonably be required to prevent the property from becoming or
continuing to be a nuisance.
[Ord. 451, 9/21/2011, § 108]
The Township Board of Supervisors may adopt by resolution such
rules and regulations as are necessary or helpful in implementing
and enforcing this Part.
[Ord. 451, 9/21/2011, § 109]
The provisions of this Part are severable, and if any section,
sentence, or part thereof is held to be illegal or invalid, the validity
of the remaining provisions shall be unaffected thereby.
[Ord. 451, 9/21/2011, § 110]
All ordinances or portions of ordinances which conflict with
any of the provisions of this Part, are repealed to the extent of
such inconsistency.
[Ord. 451, 9/21/2011, § 111]
The provisions of this Part shall take effect five days after
adoption of the Part.
