[Adopted 2-12-2019 by Ord. No. 03-2019]
This article shall be applicable to all abandoned real property
and every vacant building and structure located within the geographical
confines of the Borough of Verona, Allegheny County, Pennsylvania,
that has been vacant for more than 60 consecutive days and to each
owner, interest holder, or local agent of any such abandoned real
property or vacant building or structure, without regard to whether
such owner, interest holder, or local agent is a public, private,
governmental, commercial, industrial, residential, institutional,
nonprofit, or for-profit person.
As used in this article, the following words and phrases shall
have the meanings indicated unless the context clearly indicates a
different meaning.
Deserted or discarded for more than 180 days.
Any real property, including but not limited to one or more
vacant buildings or structures, without respect to occupancy or vacancy,
that is subject to a mortgage and is either: i) in default on such
mortgage for which a mortgagee has obtained a judgment in foreclosure;
ii) in default on such mortgage and subject to an application or proceeds
for a tax deed or pending tax claim bureau or tax assessor sale for
unpaid property taxes; iii) in default on such mortgage and subject
to an application or proceedings for a sheriff sale for unpaid claims,
debts, or obligations; or iv) in default on such mortgage and has
been transferred to a mortgagee by deed in lieu of foreclosure, or
any similar document. The designation of real property as "abandoned
real property" shall continue and remain in place until such time
as the real property is sold or transferred to a new owner, the foreclosure
action is dismissed, or any default on the mortgage has been cured.
Cast aside as useless or undesirable.
The animal or vegetable waste resulting from the handling,
preparation, cooking and the consumption of food.
Livable; with reference to this article, a structure with
a hard roof and sides that is equipped with heat, electric Borough,
water service, sewage service and functional plumbing, and is capable
of being lived in without undue risk to human health and safety.
Any building or structure 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 business, or any combination
of the same.
Any person: i) having a legal or equitable interest in a
property; ii) having a legal interest in a property recorded in the
official records of the state, county or municipality as holding title
to the property; or iii) 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.
An individual, corporation, partnership, financial institution,
bank, credit union, savings and loan company, investment firm, government
agency, government authority, municipal corporation or any other group
acting as a unit.
Any portion of unimproved or improved real estate located
within the Borough of Verona which includes the buildings or structures
located on it regardless of condition.
Constructed object. For purposes of this article, the term
includes, but is not limited to, buildings, sheds, garages, swimming
pools and recreational facilities.
A building or structure, or portion thereof, shall be deemed
to be vacant if no person or persons currently conducts a lawfully
licensed business there, or lawfully resides in or lives 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,
including but not limited to those that are unoccupied for more than
60 days or has been the subject of: i) a mortgage foreclosure action
or notice; ii) a bankruptcy sale or notice; iii) a delinquent tax
sale or notice; or iv) a mortgage foreclosure action where the title
to the property has been retained by the beneficiary of a deed or
trust involved in the foreclosure or transferred under a deed in lieu
of foreclosure/sale.
A.
The purpose of this article requiring the registration of all vacant
and abandoned buildings and structures and the payment of registration
fees is to assist the Borough of Verona 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 in the neighborhoods in which they are located
particularly in light of fire and safety hazards and unlawful, temporary
occupancy by transients, including illicit drug users and traffickers,
and to require of the owners of such vacant buildings their registration
and payment of related fees, and to promote substantial efforts to
rehabilitate such vacant buildings. The provisions of this article
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 ordinances of the Borough of Verona and
all relevant codes and/or regulations adopted therein.
B.
Administration and enforcement of this article shall remain under
the sole control of the Code Enforcement Officer. The Code Enforcement
and/or designee shall have the authority to institute summary civil
proceedings on behalf of the Borough as a means of enforcement of
this order to collect unpaid registration fees and including a claim
for recoupment of reasonable attorney fees.
A.
An owner shall register a vacant property with the Borough of Verona
on a form or forms provided by the Borough and pay the appropriate
registration fee.
B.
Registration shall contain:
(1)
The name of the owner(s) of the property;
(2)
The direct street/office mailing address of the owner(s) (no post
office box addresses) are property management company responsible
for the security, maintenance and marketing of the property;
(3)
The date of vacancy; and
(4)
Any other information deemed necessary by the Borough of Verona.
C.
Registration fees shall not be prorated.
D.
Properties subject to registration under this article shall remain
under the registration fee requirement for as long as they remain
vacant.
E.
Each vacant building or structure shall be registered with the Borough
within 180 days of the date such building or structure becomes a vacant
building or structure, and annually thereafter by July 15, for each
subsequent calendar year, if such building or structure continues
to be a vacant building or structure during each subsequent calendar
year, until such time as such building or structure ceases to be a
vacant building or structure.
F.
Any building or structure that is vacant at the enactment of this
article shall be registered within 30 days of enactment and annually
thereafter by July 15, for subsequent calendar years, if such building
or structure continues to be a vacant building or structure during
each subsequent calendar year, until such time as such building or
structure ceases to be a vacant building or structure.
The registration fee shall be established by resolution of the
Council of the Borough of Verona. The fee structure is based on the
number of years the building, storefront, or portion thereof has been
vacant under its current ownership. See attached schedule marked Exhibit
A.[1]
[1]
Editor's Note: Exhibit A is included as an attachment
to this chapter.
A waiver may be granted for the current year if the following
conditions are met:
A.
All local municipal fees, including but not limited to taxes and
permits, are paid in full;
B.
A good faith effort is shown to rent, sell, or lease the space. Good
faith efforts include contracts with realtors, newspaper ads, window
signs, or other methods provided that the effort is actually likely
to generate interest in the property and the owner is actually willing
to rent, sell or lease;
C.
Pricing is consistent with other similar buildings;
D.
The building is in compliance with all Borough of Verona adopted
or enacted codes and ordinances, including but not limited to this
article, and is habitable; and/or
E.
Other good cause as determined by a majority vote of Council.
If any section, subsection, sentence, or clause of this article
is held, for any reason, to be invalid, such decision or decisions
shall not affect the validity of the remaining portions of this article.
All ordinances or parts of ordinances, which are inconsistent
herewith, are hereby repealed to the extent inconsistent with this
article.
This article shall take effect immediately upon its approval
in accordance with the Borough Code.
