[Ord. 1009, 10/20/2015]
The Borough of Stroudsburg hereby elects to administer and enforce the provisions of the Pennsylvania Construction Code Act, Act 45 of 1999, 35 P.S. § 7210.101 et seq., as amended from time to time, and its regulations.
[Ord. 1009, 10/20/2015]
The Uniform Construction Code, contained in 34 Pa. Code, Chapters 401-405, as amended from time to time, is hereby adopted and incorporated herein by reference as the municipal building code of the Borough of Stroudsburg.
[Ord. 1009, 10/20/2015]
1. 
Administration and enforcement of the code within the Borough of Stroudsburg shall be undertaken in any of the following ways as determined by the governing body of this municipality from time to time by resolution:
A. 
By the designation of the Code Enforcement Official of the Borough of Stroudsburg to serve as the municipal code official to act on behalf of the municipality;
B. 
By the retention of one or more construction code officials or third-party agencies to act on behalf of the municipality;
C. 
By agreement with one or more other municipalities for the joint administration and enforcement of this Act through an intermunicipal agreement;
D. 
By entering into a contract with another municipality for the administration and enforcement of this Act on behalf of the municipality;
E. 
By entering into an agreement with the Pennsylvania Department of Labor and Industry for plan review, inspections, and enforcement of structures other than one-family or two-family dwelling units and utility and miscellaneous use structures.
2. 
Any person or business entity or third-party entity retained to act as a construction code official shall be duly appointed as a municipal official for the purpose of codes enforcement in the Borough of Stroudsburg. Should the person, business entity or third-party agency utilize the services of their/its own counsel to prosecute code enforcement actions, then said counsel shall be specially appointed by the Borough Council to prosecute on behalf of the Borough.
[Ord. 1009, 10/20/2015]
All documents submitted to or developed by the construction code official as part of the official duties of the construction code official shall be kept at the Borough in accordance with the provisions of the code. All fees, charges, and assessments charged by the construction code officials pursuant to the Borough Fee Schedule shall be made payable to the Borough of Stroudsburg. All financial records regarding the inspection and enforcement of the code in the Borough shall be made available to the Borough Council, or subcommittees thereof, and/or the Borough auditors in a reasonable period upon demand.
[Ord. 1009, 10/20/2015]
The duly appointed construction code official and Borough of Stroudsburg Codes Officer shall coordinate the issuance of any permits or certificates of occupancy, where relevant, to ensure that the permit holder is in compliance with both the Uniform Construction Code and the Borough Code of Ordinances, as set forth therein.
[Ord. 1009, 10/20/2015]
1. 
A Board of Appeals shall be established by ordinance or resolution of the governing body of the Borough of Stroudsburg in conformity with the requirements of the relevant provisions of the code, as amended from time to time, and for the purposes set forth therein. If at any time enforcement and administration is undertaken jointly with one or more other participating municipalities, said Board of Appeals shall be established by joint action of the participating municipalities as required by law.
2. 
The construction code official shall coordinate all appeals from the construction code official's decisions with the Appeals Board, its solicitor or its designee to ensure the collection of appropriate fees charged for appeals as well as to ensure that the time frames and procedures set forth in the Municipalities Planning Code, the Borough Code, the Uniform Construction Code, the Borough of Stroudsburg Code of Ordinances, and/or the Appeals Board rules and regulations governing appeals from the decisions of the construction code official are followed.
[Ord. 1009, 10/20/2015]
1. 
Chapter 12, Sections 12.9 through 12.14, as adopted on 12-17-2002, is hereby rescinded.
2. 
All building code ordinances, including portions of said ordinances, including Chapter 44, which conflict with the provisions of the code or this Part 5 are hereby rescinded only to the extent that the ordinance or portions thereof conflict with the code or this Part 5. All references in Chapter 44 to municipalities other than Borough of Stroudsburg shall be stricken and replaced with Borough of Stroudsburg.
3. 
All relevant ordinances, regulations, and policies of the Borough of Stroudsburg not governed by the code shall remain in full force and effect.
[Ord. 1009, 10/20/2015]
Fees assessed by the Borough of Stroudsburg for the administration and enforcement undertaken pursuant to this Part and the code shall be established by the governing body by ordinance from time to time.
[Ord. No. 1063, 1/2/2019]
As used in this subpart, the following terms shall have the meanings indicated:
OWNER
Includes the title holder, any agent of the title holder having authority to act with respect to a vacant property, and any foreclosing entity, or any other entity determined by the Borough of Stroudsburg to have authority to act with respect to the property.
PROPERTY
Any portion of improved or unimproved real estate located within the Borough of Stroudsburg which includes the buildings or structures, or portions thereof located on it regardless of condition.
VACANT PROPERTY
1. 
Any building or structure which is not at present legally occupied or at which all lawful business or construction operations or residential or other occupancy have ceased for a period of six months, including, but not limited to, any property meeting any of the definitions of "vacant property" below:
A. 
The property is in need of rehabilitation according to the adopted version of the International Property Maintenance Code as determined by the Code Enforcement Official, and no rehabilitation has taken place during that six-month period; or
B. 
Construction was initiated on the property and was discontinued prior to completion, leaving the building unsuitable for occupancy, and no construction has taken place for at least six months as of the date of a determination by the Code Enforcement Official pursuant to this section.
2. 
A property which contains both residential and nonresidential space may be considered abandoned so long as two-thirds or more of the total net square footage of the building was previously legally occupied as residential space and none of the residential space has been legally occupied for at least six months at the time of the determination of abandonment by the Code Enforcement Official.
VACANT STOREFRONT
Any area within a building or structure that may be individually leased or rented for any purpose other than residential use which is not present legally occupied or at which all lawful business or construction operations or other occupancy have substantially ceased for a period of six months.
[Ord. No. 1063, 1/2/2019]
1. 
The owner of any vacant property or vacant storefront as defined herein shall, within 30 calendar days after the building becomes a vacant property or storefront or within 30 calendar days after assuming ownership of the vacant property or vacant storefront, whichever is later, or within 10 calendar days of receipt of notice by the municipality, file a registration statement for such vacant property or storefront with the Code Enforcement Official on forms provided by the Borough for such purposes. Failure to receive notice by the municipality shall not constitute grounds for failing to register the property.
A. 
Each property having a separate block and lot number as designated in official records of the municipality shall be registered separately, and only one statement is required for a property that meets both the definition of "vacant property" and "vacant storefront."
B. 
The registration statement shall include the name, street address, telephone number, and e-mail address (if applicable) of a person 21 years or older, designated by the owner or owners as the authorized agent for receiving notices of code violations and for receiving process in any court proceeding or administrative enforcement proceeding on behalf of such owner or owners in connection with the enforcement of any applicable code; and the name, street address, telephone number, and e-mail address (if applicable) of the firm and the actual name(s) of the firm's individual principal(s) responsible for maintaining the property. The individual or representative of the firm responsible for maintaining the property shall be available by telephone or in person on a twenty-four-hour-per-day, seven-day-per-week basis. The two entities may be the same or different persons. Both entities shown on the statement must maintain offices in the State of Pennsylvania or reside within the State of Pennsylvania.
C. 
The registration shall remain valid for one year from the date of registration, except for the initial registration time, which shall be prorated through December 31. The owner shall be required to renew the registration annually as long as the building remains a vacant property or a portion thereof remains a vacant storefront and shall pay a registration or renewal fee in the amount prescribed in § 5-513 of this subpart for each vacant property registered or vacant storefront. The owner shall be required to renew the registration annually as long as the building remains a vacant property or vacant storefront and shall pay a registration or renewal fee in the amount prescribed in § 5-513 of this subpart for each vacant property or vacant storefront registered.
D. 
The annual renewal shall be completed by January 1 each year. The initial registration fee shall be prorated for registration statements received less than 10 months prior to that date.
E. 
The owner shall notify the Code Enforcement Official within 30 calendar days of any change in the registration information by filing an amended registration statement on a form provided by the Code Enforcement Official for such purpose.
F. 
The registration statement shall be deemed prima facie proof of the statements therein contained in any administrative enforcement proceeding or court proceeding instituted by the Borough against the owner or owners of the property.
[Ord. No. 1063, 1/2/2019]
The owner of any vacant property or vacant storefront registered under this subpart shall provide access to the Borough to conduct exterior and interior inspections of the building to determine compliance with municipal codes, upon reasonable notice to the property owner or the designated agent. Such inspections shall be carried out on weekdays during the hours of 9:00 a.m. to 4:00 p.m., or such other time as may be mutually agreed upon between the owner and the Borough.
[Ord. No. 1063, 1/2/2019]
1. 
An owner who meets the requirements of this subpart with respect to the location of his or her residence or workplace in the State of Pennsylvania may designate himself or herself as agent or as the individual responsible for maintaining the property.
2. 
By designating an authorized agent under the provisions of this section, the owner consents to receive any and all notices of code violations concerning the registered vacant property or storefront and all process in any court proceeding or administrative enforcement proceeding brought to enforce code provisions concerning the registered property by service of the notice or process on the authorized agent. Any owner who has designated an authorized agent under the provisions of this section shall be deemed to consent to the continuation of the agent's designation for the purposes of this section until the owner notifies the Borough of Stroudsburg in writing of a change of authorized agent or until the owner files a new annual registration statement.
3. 
Any owner who fails to register a vacant property or vacant storefront under the provisions of this subpart shall further be deemed to consent to receive, by posting on the building, in plain view, and by service of notice at the last known address of the owner of the property on record within the Borough of Stroudsburg by regular and certified mail, any and all notices of code violations and all process in an administrative proceeding brought to enforce code provisions concerning the building.
[Ord. No. 1063, 1/2/2019]
1. 
The initial registration fee for each building or portion thereof shall be $500. The fee for the first renewal is $1,500, and the fee for the second renewal is $3,000. The fee for any subsequent renewal beyond the second renewal is $5,000. In the event that a property meets the definition of both a "vacant property" and "vacant storefront," and it contains the same block and lot number as designated in official records of the Borough, there shall only be one registration fee applied.
2. 
Vacant Property/Vacant Storefront Registration Fee Schedule.
A. 
Initial registration: $500.
B. 
First renewal: $1,500.
C. 
Second renewal: $3,000.
D. 
Subsequent renewal: $5,000.
[Ord. No. 1063, 1/2/2019]
1. 
The owner of any building or storefront that has become vacant and any person maintaining or operating or collecting rent for any such building that has become vacant shall, within 30 days thereof:
A. 
Enclose and secure the building and/or storefront against unauthorized entry as provided in the applicable provisions of the Borough Code, or as set forth in the rules and regulations supplementing those codes;
B. 
Post a sign affixed to the building and/or storefront indicating the name, address and telephone number of the owner, the owner's authorized agent for the purpose of service of process (if designated pursuant to this subpart), and the person responsible for the day-to-day supervision and management of the building, if such person is different from the owner holding title or authorized agent. The sign shall be of a size and placed in such a location so as to be legible from the nearest public street or sidewalk, whichever is nearer, but shall be no smaller than eight inches by 10 inches;
C. 
Secure the building and/or storefront from unauthorized entry and maintain the sign until the building is again legally occupied or demolished or until repair or rehabilitation of the building and/or storefront is complete;
D. 
Ensure that the exterior grounds of the structure or storefront, including yards, fences, sidewalks, walkways, rights-of-way, alleys, retaining walls, attached or unattached accessory structures and driveways, are well maintained and free from trash, debris, loose litter, and grass and weed growth;
E. 
Continue to maintain the structure in a secure and closed condition, keep the grounds in a clean and well-maintained condition, and ensure that the sign is visible and intact until the building is again occupied or demolished, or until repair and/or rehabilitation of the building is complete; and
F. 
Continue to maintain the property consistent with the requirements of the Borough Code.
2. 
All areas of vacant storefronts visible to the public from the public street or sidewalk must be maintained in broom-clean condition and free of litter and debris.
[Ord. No. 1063, 1/2/2019]
1. 
A waiver of the registration fee set forth herein may be granted, upon application, by the Borough Manager for the current year if the following conditions are met:
A. 
All local municipal fees are paid in full; and
B. 
A consistent good faith effort is shown to market, rent, sell, or lease the vacant property or storefront. Good faith efforts include but are not limited to contracts with a real estate licensee, newspaper advertisements, electronic advertisements or other methods, list of interested lessees, provided that the effort is actually likely to generate interest in the property and the owner is actually willing to rent, sell or lease, and the pricing is consistent with other similar properties or portions thereof as attested by a real estate licensee as licensed by the Pennsylvania Real Estate Commission. The mere placement of a "for sale" or "for rent or lease" sign on or in the building in and of itself does not meet the requirements of this subsection.
[Ord. No. 1063, 1/2/2019]
1. 
Any person who violates any provision of this subpart or of the rules and regulations issued hereunder shall be fined not more than $600 for each offense. Every day that a violation continues shall constitute a separate and distinct offense. Fines assessed under this subpart shall be recoverable from the owner and shall be a lien on the property.
2. 
For purposes of this section, failure to file a registration statement within 30 calendar days after a building or portion thereof becomes vacant property or a vacant storefront or within 30 calendar days after assuming ownership of a vacant property or storefront, whichever is later, or within 10 calendar days of receipt of notice by the municipality, and failure to provide correct information on the registration statement, or failure to comply with the provisions contained herein shall be deemed to be violations of this subpart.
3. 
The Code Enforcement Official of the Borough of Stroudsburg shall be the enforcement agent of the within subpart. Violations of the within sections of the Code shall be heard by the District Magistrate.
[Ord. No. 1063, 1/2/2019]
Should any section, paragraph, sentence, clause or phrase of this subpart be declared unconstitutional or invalid for any reason, the remaining portions of this subpart shall not be affected thereby and shall remain in full force and effect, and to that end, the provisions of this subpart are hereby declared to be severable.