[HISTORY: Adopted by the Borough of Hanover as indicated
in article histories. Amendments noted where applicable.]
[Adopted 9-27-2017 by Ord. No. 2262]
A.
The purpose of this article is to require property owners to register
vacant buildings and to require payment of registration fees to assist
the Borough in protecting the public health, safety and welfare, to
monitor the number of vacant buildings in the Borough, to assess the
effects of the condition of those buildings on nearby businesses and
the neighborhoods in which they are located, particularly in light
of fire safety hazards and unlawful, temporary occupancy by transients,
including illicit drug users and traffickers, and to promote efforts
to rehabilitate such vacant buildings.
B.
The provisions of this article are applicable to the owners of vacant
buildings as set forth herein and are in addition to and not in lieu
of any and all other applicable provisions of the Codified Ordinances
of the Borough of Hanover.
C.
Administration and enforcement of this article shall be the responsibility
of the Borough Manager, or his designee(s). The Borough Manager or
his designee(s) shall have the authority to institute summary criminal
proceedings as a means of enforcement of this article.
D.
The Borough Manager shall provide a list of registered property to
the Chief of Police, the Fire Chief, Code Enforcement personnel, and
the Public Safety Committee of the Borough Council.
For the purposes of this article, where terms are not defined,
such terms shall have ordinarily accepted meanings such as the context
implies. The following words shall have the meanings respectively
ascribed to them as follows:
A building, structure or dwelling unit subject to the provisions
of this article 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.
A single unit providing complete, independent living facilities
for one or more persons, including permanent provisions for living,
sleeping, eating, cooking and sanitation.
Written notice of a violation or requirement under this article
mailed, pursuant to first class mail, proof of mailing, to the last
known address of the owner of the property in question.
As applied to a building or structure subject to the provisions
of this article, where one or more persons actually conduct a lawful
business or reside in all or any part of the building as the 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 article, evidence offered to prove that a building
is so occupied may include, but shall not be limited to, the regular
receipt of mail through the U.S. Postal Service; proof of continual
telephone, electric, gas, heating, water and sewer services; a valid
Borough business license; the most recent federal, state, or local
income tax statements indicating that the subject property is the
official business or residence address of the person or business in
question; or proof of occupancy through a Borough inspection.
A building or structure or dwelling unit subject to the provisions
of this article in which any one or more exterior doors, other than
a storm door, is broken, open and/or closed, but, without a properly
functioning lock to secure it, or if one or more windows is broken
or not capable of being locked and secured from intrusion or any combination
of the same.
Any person, firm, corporation or other legal entity having
a legal or equitable interest in the property as evidenced by documents
recorded in the official records of York County or the Borough of
Hanover, or otherwise having legal control of the property, including
the guardian of the estate of any person and the personal representative
of the estate of a deceased person.
As applied to a building or structure subject to the provisions
of this article, no person or persons actually, currently conduct
a lawfully licensed business, or lawfully reside or live in any part
of the building as the legal or equitable owner(s) or tenant-occupant(s),
or owner-occupants, or tenant(s) on a permanent nontransient basis.
The requirements of this article shall be applicable to each
owner of any building whether governmental, industrial, commercial,
residential or institutional or owned by a nonprofit or a for-profit
organization in which the building in total shall have been vacant
for more than 45 days. Each such owner shall cause to be filed a notarized
registration statement, which shall include the street address and
parcel number of each such vacant building, the names and addresses
of all owners, as herein described, and any other information deemed
necessary by the Borough. The registration statement and, where applicable,
registration fee, shall be filed with and/or paid to the Borough Treasurer
on or before November 15 or, if November 15 falls on Saturday or Sunday,
by the following Monday, of each year. For purposes of this action,
the application initially shall be due on November 15, 2017. For purposes
of this article, the following shall also be applicable:
A.
If the owner is a corporation, the registration statement shall provide
the names and residence address of the corporation and the name of
a responsible corporate officer to whom correspondence and notices
from the Borough may be sent;
B.
If an estate, the name(s) and address(es) of the personal representative(s)
of the estate;
C.
If a trust, the name and address of all trustees;
D.
If a limited liability company, the name(s) and address(es) of all
members and managers;
E.
If a partnership, the names and residence addresses of all partners;
F.
If any other form of unincorporated association, the names and residence
addresses of all principals of the association;
G.
If an individual person, the name and residence address of that individual
person.
A.
If none of the persons listed in § 266-3 is shown at an address within the Commonwealth of Pennsylvania, the registration statement also shall provide the name and address of a person who resides within the Commonwealth of Pennsylvania and 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.
B.
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
and the payment of registration fees be construed to exonerate the
owner, agent or responsible party from responsibility for compliance
with any requirement of the Borough Property Maintenance Code, Building
Code, Fire Code or other applicable federal, state or municipal laws,
ordinances or regulations. One registration statement may be filed
to include all vacant buildings of the owner so registering.
C.
The owner of a vacant property as of November 15 of each year shall
be responsible for the filing of his/her registration statement and,
where applicable, paying a nonrefundable registration fee. Said fee
shall be billed by the Borough Treasurer and shall be established
from time to time by resolution of the Borough Council. The registration
fee shall be paid for each vacant building owned by the owner notwithstanding
the inclusion of multiple buildings or structures included on one
registration statement. In addition to the registration fee, the owner
of a vacant property shall pay a property inspection fee as billed
by the Borough Treasurer. The amount of said fee shall be established
from time to time by resolution of the Borough Council. The inspection
fee shall be paid for each vacant building owned by the owner notwithstanding
the inclusion of multiple buildings or structures included on one
registration statement.
(1)
Council hereby approves the initial registration fee for vacant buildings
within the Borough to be imposed in accordance herewith as $100 per
building.
(2)
Council hereby approves the initial inspection fee for vacant properties
within the Borough to be imposed in accordance herewith as $150 per
building. (This fee shall include an initial inspection and one reinspection.
Subsequent reinspections shall be charged at $75 each.)
(3)
Upon the registration of a property, an inspector authorized by the
Borough may conduct an inspection of the property to determine if
it complies with the Property Maintenance Code, Fire Code, Building
Code and all other applicable laws, ordinances and regulations. If
the building is found to be in violation of any such codes, laws,
ordinances or regulations, the Borough shall issue a notice of violation
as per the requirements of each such code, law, ordinance or regulation
violated or refer the matter to the appropriate federal, state or
county agency for enforcement proceedings. With respect to matters
to be enforced by the Borough, Borough officials shall direct that
the owner comply with the enforcement notice. The inspector authorized
by the Borough may conduct additional inspections of a property when
he/she determines that there has been a modification of a structure
or building, a change of use of a structure or building, damage to
a structure or building from any source, a potential or actual violation
of any law, ordinance or regulation applicable thereto, or a determination
by the inspector that circumstances have changed with respect to the
condition or use of any structure or building on the property.
(4)
The inspector is authorized and directed to make inspections at any
reasonable hour to determine compliance with the Property Maintenance
Code, Fire Code or any other applicable code, law, ordinance or regulation.
For this purpose, the inspector is authorized to enter and examine
any building, structure, yard, or portions thereof and every owner,
operator, tenant or occupant shall allow the Inspector, his agents
or assistants, access thereto.
A.
Registration fees shall be dedicated to a line item in the budget
for the enforcement and administration of the vacant property registration
requirements within this chapter.
B.
Fines for violations of this chapter shall be deposited in to the
Borough's General Fund to be used for general purposes.
A one-time, one-year waiver of the registration fee may be granted
by the Borough Manager upon application of the owner and upon review
and advice of the Borough Solicitor, if the owner:
A.
Demonstrates with satisfactory proof to the Borough Manager that
he/she has submitted valid architectural or building plans, based
on the Borough's building permit and/or planning application
procedures, and otherwise has shown good faith efforts to rehabilitate,
demolish, or otherwise substantially repair, improve or remove the
vacant building; or
B.
Demonstrates with satisfactory proof to the Borough Manager that
he/she is actively marketing the property for sale/lease. Actively
marketing will be defined as an owner having placed a "for sale" or
a "for lease" sign on the exterior of the property with accurate contact
information, which information is provided to the Borough and has
done at least one of the following:
(1)
Engaged the services of a licensed real estate broker, whose name,
address, telephone number and email will be provided to the Borough
Manager;
(2)
Placed weekly advertisements in print or electronic media;
(3)
Distributed printed advertisements;
(4)
Listed the property for sale or lease in the local multiple listing
service (MLS).
Upon application by the owner and satisfaction of § 266-6, the Borough Manager may, upon advice and review of the Borough Solicitor, grant a two-year waiver of the registration fee if the owner meets the criteria for a charitable nonprofit organization as defined by § 501(c)(3) of the Internal Revenue Code or if the building owner is the United States, Commonwealth of Pennsylvania or a subdivision thereof, or a county, municipality or school district or a related department, agency or authority.
Within 30 days after the waiver application is received by the
Borough Manager, and upon review and advice by the Borough Solicitor,
the Borough Manager or designee shall grant or deny the waiver in
writing, and mail the written decision to the owner. If the owner
properly submitted an application for a waiver to the Borough Manager
and the Borough Manager has rendered a decision which the owner seeks
to appeal, the owner must file an application, in writing, within
15 calendar days of mailing of the Borough Manager's decision,
with the Public Safety Committee of the Borough Council, stating the
basis for the appeal. If the Public Safety Committee determines that
the appeal should be granted, it shall recommend to the full Borough
Council that the Borough Manager's decision should be vacated
and shall recommend what, in its judgement, is an appropriate remedy
or disposition of the application. If the Public Safety Committee
determines that the appeal should not be granted, it shall make such
recommendation to the Borough Council. The Borough Council shall render
the final decision of the appeal, after consideration of the determination
of the Public Safety Committee, the recommendation of the Borough
Manager and any relevant staff or third-party reports or documentation.
The Borough Manager shall be afforded an opportunity to present the
basis of his decision to both the Public Safety Committee and to the
Borough Council.
If the owner fails to pay the registration or inspection fee
when due, the registration shall be deemed incomplete, the owner shall
be in violation hereof and he/she/it shall be subject to penalty as
set forth below.
If the status of the registration information changes, including,
but not limited to, the ownership of the property, it is the responsibility
of the owner to contact the Borough Manager within 30 days of the
occurrence of such change and to provide the Borough with an amended
registration, in writing, detailing such changes.
The failure or refusal for any reason of an owner to file a
registration statement or to pay any fees required to be paid pursuant
to the provisions of this chapter or any other violation of the provisions
of this chapter shall constitute a summary offense punishable upon
conviction thereof by a fine not to exceed $1,000 per violation and/or
imprisonment as provided by law for summary offenses. Each day in
which an owner is in violation of the terms hereof and each section
of the chapter violated shall be considered separate offenses for
which the above penalties may be imposed.
