[HISTORY: Adopted by the Board of Commissioners of the Township of Abington 7-9-2015 by Ord. No. 2097. Amendments noted where applicable.]
GENERAL REFERENCES
Vacant Property Review Board — See Ch. 49.
Real estate registry — See Ch. 125.
The purpose of this chapter requiring registration of all vacant nonresidential buildings is to assist the Township, and in particular the Code Enforcement Department, in protecting the public health, safety and welfare by monitoring the number of vacant nonresidential buildings in the Township, to assess the effects of the condition of those buildings on nearby businesses and on the neighborhoods in which they are located, particularly in light of fire safety hazards and to promote substantial efforts to rehabilitate, rent or sell such vacant buildings. The provisions of this chapter 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 Township of Abington Code.
As used in this chapter, the following terms shall have the meaning indicated, unless a different meaning clearly appears from the context:
BOARDED
A building or structure, if in place of one or more exterior doors, other than a storm door, or of one or more windows, there is a sheet or sheets of plywood or similar material covering the space for such door or window.
EXTERIOR AND MAJOR SYSTEMS MAINTENANCE
The safe and lawful maintenance of the facade, windows, doors, roof and all other parts of the exterior of the building and the maintenance of its major systems consisting of the roof, the electrical and plumbing systems, the water supply system, the sewer system, and the sidewalk, driveway, if any, and/or area of the lot, as applicable, in a manner consistent with the requirements of the codes of the Township of Abington, including, without limitation, the 1996 BOCA Property Maintenance Code.
OCCUPIED
As applied to a building or structure subject to the provisions of this chapter, where one or more persons actually 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. For purposes of this chapter, evidence offered to prove that a building is so occupied may include, but shall not be limited to, the regular receipt of delivery of regular mail through the U.S. Postal Service; proof of continual telephone, electric, gas, heating, water and sewer services; a valid Township of Abington business license, or the most recent federal, state or Township of Abington income tax statements indicating that the subject property is the official business or residence address of the person or business claiming occupancy.
OPEN
A building, structure or dwelling unit subject to the provisions of this chapter that has one or more exterior doors, other than a storm door, broken or open, or that lack properly functioning locks to secure them; and/or a building, structure or dwelling unit subject to the provisions of this chapter that has one or more broken windows, or one or more windows that are not able to be locked and secured from intrusion, or any combination of the foregoing.
OWNER
Any person, agent, operator, firm or corporation having legal or equitable interest in the property; or recorded in the official records of the County of Montgomery or the Township of Abington 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 executor or administrator of the estate of such person if ordered to take possession of real property by a court.
VACANT
A building or structure subject to the provisions of this chapter in which no person or persons actually, currently conducts a lawfully licensed business, or lawfully resides or lives in any part of the building as the legal or equitable owner(s) or tenant-occupant(s) or owner-occupant(s), or tenant(s) on a permanent nontransient basis. For purposes of this chapter, properties or buildings that can accommodate more than one use shall not be considered vacant if 60% or more of the available square footage of the building is occupied.
The requirements of this chapter shall be applicable to the owner of any nonresidential building that has been vacant for more than 45 consecutive days. Each such owner shall cause to be filed a registration statement as outlined herein.
A. 
Registration statement. The owner of any building that has been vacant for more than 45 consecutive days shall file a registration statement with the Abington Township Code Enforcement Department. The registration statement shall include the street address and tax map parcel number of each such vacant building, the names and addresses of all owners, working telephone numbers, and any other information deemed necessary by the Code Enforcement Department. All owners and/or agents are required to supply a point of contact or an emergency contact person(s) and a working telephone number that has service 24 hours a day and seven days a week.
(1) 
For purposes of this chapter, the following shall also be applicable:
(a) 
If the owner is a corporation, the registration statement shall provide the names and resident addresses of all officers and directors of the corporation and shall be accompanied by a copy of the most recent relevant filing with the secretary of state;
(b) 
If the owner is an estate, the registration statement shall provide the name and business address of the executor of the estate;
(c) 
If the owner is a trust, the registration statement shall provide the name and business address of all trustees, grantors and beneficiaries;
(d) 
If the owner is a partnership, the registration statement shall provide the names and residence addresses of all partners with an ownership interest in the property of 10% or greater;
(e) 
If the owner is any other form of unincorporated association, the registration statement shall provide the names and residence addresses of all partners with an ownership interest in the property of 10% or greater;
(f) 
If the owner is an individual, the registration statement shall provide the name and residence address of that person.
(2) 
Registration shall be required for all vacant buildings, whether vacant and secure, vacant and open, or vacant and boarded, and shall be required whenever any building has remained vacant for 45 consecutive days or more. In no instance shall the registration of a vacant building be construed to exonerate the owner, agent or responsible party from responsibility for compliance with any other building code or housing code requirement. One registration statement may be filed to include all vacant buildings of the owner so registering, but the payment of all fees described herein are required for each property so registered.
(3) 
Each registration statement shall be valid for a period of one year. If the property remains vacant upon the expiration of the registration statement, the owner of the building shall be required to submit a new registration statement to the Code Enforcement Department.
B. 
Local agent. If none of the persons identified in the registration statement as an owner or agent thereof is shown on the registration statement to have an address within the Commonwealth of Pennsylvania, the registration statement shall also provide the name and address of a person who resides within the Commonwealth of Pennsylvania who is authorized to accept service of process on behalf of the owners and who shall be designated as a responsible local party or agent, both for purposes of notification in the event of an emergency affecting the public health, safety or welfare, and for purposes of service of any and all notices or registration statements as herein authorized and in connection herewith.
C. 
Registration fees.
(1) 
There shall be no registration fee imposed for any registration filed within 45 days of the property first becoming vacant.
(2) 
A nonrefundable fee of $500 shall be imposed for any building registered more than 45 days after first becoming vacant, regardless of whether the owner voluntarily registers such property or the vacancy is discovered by the Township.
(3) 
A nonrefundable fee of $1,000 shall be imposed for any building that has been vacant for at least six months, regardless of whether the owner voluntarily registers such property or the vacancy is discovered by the Township. This fee shall apply regardless of whether the owner of the building registered the property and paid the applicable fee as indicated in Subsection C(2) above.
(4) 
A nonrefundable fee of $1,500 shall be imposed for any building that has been vacant for at least one year, regardless of whether the owner voluntarily registers such property or the vacancy is discovered by the Township. This fee shall apply regardless of whether the owner of the building registered the property and paid the applicable fees as indicated in Subsection C(2) and (3) above.
(5) 
For each successive six-month period that a building remains vacant, an additional fee of $500 shall be imposed, regardless of whether the owner voluntarily registers such property or the vacancy is discovered by the Township. This fee shall apply regardless of whether the owner of the building registered the property and paid the applicable fees as indicated in Subsection C(2), (3) and (4) above.
D. 
Waiver of registration fee.
(1) 
Upon written application of the owner and upon satisfaction of the requirements set forth below, the Board of Commissioners may grant a waiver of the registration fee of $500 referenced in Subsection C(2) above. The waiver shall automatically expire after six months from the date the property first becomes vacant. Upon expiration of the waiver, all provisions of this chapter shall apply. No more than four waivers shall be granted per property. The waiver shall be granted if the owner satisfactorily demonstrates the following:
(a) 
The owner is in the process of demolition, rehabilitation, or other substantial repair of the vacant building; and
(b) 
The anticipated length of time for the demolition, rehabilitation or other substantial repair of the vacant building; and
(c) 
The owner is actively attempting to sell or lease the property at reasonable terms, including a price reflecting fair market value, during the vacancy period; and
[Amended 6-14-2018 by Ord. No. 2156]
(d) 
All past due vacant registration fees, if any, and all other financial obligations and/or debts owed to the Township in connection with the vacant property have been paid.
(2) 
The initial application shall be submitted to the Township Manager, or his/her designee, who shall review the application and make a recommendation to the Board of Commissioners based on the criteria set forth above. The Board of Commissioners shall consider the Township Manager's recommendation within 60 days of the date of receipt of the written application.
(3) 
The Township Manager, or his/her designee, and the Board of Commissioners may require specific documentation to support the owner's valuation and pricing of the property. An application for waiver shall be denied upon determination by the Board of Commissioners that the property is not being marketed at a reasonable price. Fair market value of the property may be supported by:
[Added 6-14-2018 by Ord. No. 2156[1]]
(a) 
Professional appraisal performed by a certified real estate appraiser;
(b) 
Comparative market analysis conducted by a licensed real estate agent; or
(c) 
Other commercially reasonable valuation method upon approval of the Board of Commissioners.
[1]
Editor's Note: This ordinance also redesignated former Subsection D(3) as Subsection D(4).
(4) 
At all times, the burden of proof shall remain upon the owner of the building to demonstrate that the waiver is appropriate in light of the above factors. It is recommended that the owner submit any available photos, plot plan, layout plan, price, appraisal, comparative market analysis, or other documentation concerning fair market value and agent information with the application for fee waiver to demonstrate the active marketing of the property.
[Amended 6-14-2018 by Ord. No. 2156]
E. 
Inspection. At the time of registration, the Township shall conduct an inspection of the premises, and advise the owner of any conditions that violate the Township property maintenance code or similar codes, and shall advise the owner of the actions necessary to abate such violation or violations.
Upon notification from the Code Enforcement Department that a property is vacant and requires registration, the owner shall have the right to appeal the imposition of the registration fees to the Board of Commissioners, upon filing an application in writing accompanied by a nonrefundable filing fee of $50 to the Code Enforcement Department no later than 30 calendar days from the date of the notice. On appeal, the owner shall bear the burden of providing satisfactory objective proof that the property is occupied, per the definition of the term "occupied" set forth in § 126-2.
After the owner is given notice that the registration fee(s) referenced in § 126-4 above is due, and the owner fails to pay the amount due, said amount shall constitute a debt due and owing to the Township, and the Township may file a municipal lien against the property as provided for by law, as well as take all other available legal action in order to collect such debt.
If the status of the registration information changes during the course of any calendar year, it is the responsibility of the owner, or the responsible person or agent of the owner, to contact the Code Enforcement Department within 30 days of the change and advise the department in writing of those changes.
This section shall not apply to any building owned by the United States, the commonwealth, the Township, nor any of their respective agencies or political subdivisions.
The failure or refusal for any reason of any owner, or agent of an owner acting on behalf of the owner, to register a vacant building or to pay the registration fee(s) required in this chapter, or to otherwise fail to comply with the provisions of this chapter, shall constitute a summary offense punishable upon conviction thereof by a fine of not less than $100 nor more than $500 for each failure or refusal to register, or for each failure or refusal to pay a required vacant building fee, as applicable. This penalty shall be in addition to the registration fee of $500.
All prior ordinances or parts of prior ordinances which are inconsistent with this chapter are hereby repealed to the extent of such inconsistency.
In the event that any section, sentence, clause or word of this chapter shall be declared illegal, invalid or unconstitutional by any court of competent jurisdiction, such declaration shall not prevent, preclude or otherwise foreclose the validity of the remaining portions of this chapter.