[HISTORY: Adopted by the City Council of the City of Pottsville 10-14-2019 by Ord. No.
875. Amendments noted where applicable.]
The purpose of this chapter is to help protect the health, safety
and welfare of the citizens by preventing blight, protecting property
values and neighborhood integrity, avoiding the creation and maintenance
of nuisances and to ensure the safe and sanitary maintenance of dwellings,
commercial and industrial buildings. It is the intent of this chapter
to address homes and buildings that have become vacant, abandoned,
or otherwise unsupervised thereby having a negative impact on surrounding
properties and neighborhoods. Vacant and abandoned homes create an
increased instance of unsecured or open doors and windows, broken
water pipes, flooded basements, theft of metals and other materials,
overgrowth of grass, weeds, shrubs, and bushes, illegal dumping, and
rodent and vermin activity at vacant structures. Such neglect devalues
properties and causes deterioration in neighborhoods and industrial
and commercial areas. It is important for the City to be able to contact
owners of vacant properties for property maintenance, utility shutoff,
fire safety, and police reasons.
The provisions of this chapter shall apply to all existing residential,
commercial, and industrial structures. This chapter does not relieve
an owner from compliance with all other City ordinances, codes, rules,
regulations, and state law.
As used in this chapter:
A vacant property that has been vacant for 30 days or more
and meets any of the following criteria:
Provides a location for loitering, vagrancy, unauthorized entry,
or other criminal activity;
Has one or more broken or boarded windows;
Has taxes in arrears for a period of time exceeding 365 days;
Has utilities disconnected or not in use;
Is not maintained in compliance with city ordinances, codes
or state law;
Is only partially completed and is not fit for human occupancy.
A structure with a roof supported by columns or walls to
serve as a shelter or enclosure.
Any condition that on its own or combined with other conditions
would lead a reasonable person to believe the property is vacant.
Such conditions include, but are not limited to, overgrown and/or
dead vegetation, accumulation of newspapers, circulars, flyers and/or
mail, past due utility notices, disconnected utilities, accumulation
of trash, junk and/or debris, broken or boarded windows, abandoned
vehicles, auto parts or materials, the absence of window coverings,
such as curtains, blinds and/or shutters, the absence of furnishings
and/or personal items consistent with habitation, or occupation, statements
by neighbors, passerby, delivery agents or governmental employees
that the property is vacant.
The process by which a mortgage is enforced against a parcel
of real property through sale or offering for sale to satisfy the
debt of the mortgagee.
A recorded lien or interest in real property to secure payment
of a loan.
A person, firm, corporation or other legal entity holding
a mortgage on a property.
A borrower under a mortgage who grants a lien or interest
in property to a mortgagee as security for the payment of a debt.
An individual, co-partnership, association, corporation,
company, fiduciary, or any other person or legal entity having a legal
or equitable title or interest in real property.
Anything constructed or erected, the use of which requires
location on or attachment to the ground, and includes buildings.
An improved lot or parcel of real property with at least
one building or structure that is not currently used or occupied for
a period in excess of 30 days. A building or structure which remains
furnished, has utilities connected or in use, and on property that
is maintained while the owner is absent, shall not be considered vacant.
An owner of a vacant property or an abandoned vacant property
located in the City shall be responsible for registering that property
with the building Department by complying with the affidavit and registration
and inspection fee requirements in this chapter within the following
time frames:
Owners who are required to register their properties pursuant
to this chapter shall do so by submitting a copy of a valid driver's
license, date of birth, and owner registration form containing the
information specified in this section. The form may be signed by an
agent for an owner provided the agent's written authorization
from the owner is also provided. The form shall include the following:
A.
The name of the owner of the property.
B.
A current mailing address where mail may be sent that will be acknowledged
as received by the owner. If certified/return receipt requested is
sent to the address provided by the owner pursuant hereto and the
mail is returned marked "refused" or "unclaimed" or if ordinary mail
sent to the address is returned for whatever reason, then such occurrence
shall be prima facie evidence that the owner has failed to properly
comply with this chapter constituting a violation hereof.
C.
The name of an individual or legal entity responsible for the care
and control of the property. Such individual may be the owner, if
the owner is an individual, or may be someone other than the owner
provided that the owner has contracted with such person or entity
to act as his or her agent for purposes of this chapter.
D.
A current address, telephone number, and facsimile number, or email address where communications may be sent that will be acknowledged as received by the individual responsible for the care and control of the property. If certified/return receipt requested mail is sent to the address provided pursuant to § 175-5B, and the mail is returned marked "refused" or "unclaimed", or if ordinary mail sent to the address provided pursuant to § 175-5B is returned for whatever reason, then such occurrence shall be prima facie evidence that the owner has failed to properly comply with the requirements of § 175-5B.
E.
The owner's promise that the City's Building Official or
designee will be permitted to inspect the property, including any
building or structure situated thereon, in accordance with this chapter,
and at such other reasonable times, upon reasonable notice, as determined
necessary by the Building Official.
F.
An explanation as to the reason for the vacancy of the property. Once a vacant or abandoned vacant property has been properly registered by the owner, such registration shall be valid and effective for a period not to exceed 365 days, and shall be renewed annually thereafter until the property has become occupied and a certificate of compliance has been issued pursuant to § 175-11, Reoccupancy.
A.
All fees applicable to this chapter shall be set from time to time
by resolution of the City Council, which fees shall include a registration
fee, an inspection fee, a reinspection fee, and such other related
fees established by resolution of the City Council. Registration fees
are as follows:
B.
For properties that are not registered within the required time, an additional fee for the added cost of the City's expenses in having to determine ownership, which may include, but is not limited to, title searches, shall be assessed and immediately payable. The payment of all fees required under this chapter shall be secured by a lien against the property and if not paid within 30 days after the bill for such fee(s) is rendered, such fee(s) shall be collected as provided in § 175-14.
If at any time the information contained in the owner registration form required pursuant to § 175-5 of this chapter is no longer valid, the owner has 10 days to file a new form containing valid, current information. There shall be no fee to update an existing registered owner's current information.
A.
Vacant or unoccupied buildings or structures, including the surrounding real property, required to be registered in accordance with this chapter shall be subject to an initial safety and maintenance inspection by the Building Official, or designee, upon registration. The owner shall pay the inspection fee pursuant to § 175-6 hereunder. The owner shall demonstrate, within the course of such inspection, that all building or structure water, sewer, electrical, HVAC, plumbing systems, exterior finishes and walls, concrete surfaces, accessory buildings, roofing, structural systems, foundation, drainage systems, gutters, doors, windows, parking areas, signage, driveway apron(s), service walk(s), sidewalk(s), and other public areas on the property, are sound, operational, or properly disconnected. The owner shall also demonstrate compliance with the City's property maintenance code. In the event such inspection reveals any violations, the owner shall, within 10 days, apply for any necessary permits, and shall, within 30 days, or such additional period as permitted by the Building Official not to exceed six months, complete all repairs required resulting from such inspection. Following the initial inspection, in order to ensure that vacant buildings and structures are safe, secured, and well-maintained, all vacant or unoccupied buildings and structures, including the surrounding real property, shall be subject to annual inspections by the Building Official, or designee, until the building or structure is lawfully occupied in accordance with § 175-11 hereof. Any violations of the City's codes or this chapter which are detected during any inspections by the Building Official, or designee, shall be fully repaired and remedied within 30 days of notice to the owner, or such additional time as permitted by the Building Official but not to exceed six months.
B.
Any mortgagee who holds a mortgage interest on a property located
within the City shall perform an inspection to the extent permitted
by law or under the mortgage, of the property that is the security
for the mortgage, upon default by the mortgagor, within five days
after either the filing of a complaint for foreclosure (if foreclosure
is by judicial action) or publishing a notice of foreclosure (if foreclosure
by advertisement). Upon such inspection by the mortgagee, if the property
is found to be vacant or shows evidence of vacant property, it is,
by this chapter, deemed vacant and the mortgagee shall register the
property in accordance with this chapter and be subject to all provision
of this chapter.
An owner of a vacant property shall, on a daily basis, comply
with all of the following maintenance and security requirements.
A.
Property shall be kept free from weeds, grass more than six inches
high, dry brush, dead vegetation, trash, junk, debris, building material,
any accumulation of newspapers, circulars, flyers, notices, except
those required by federal, state, or local law, discarded items, including,
but not limited to, furniture, clothing, large and small appliances,
printed material, signage, containers, equipment, construction materials,
or any other items that give the appearance that the property is abandoned.
B.
Property shall be maintained free of graffiti or similar markings.
C.
All visible front and side yards shall be landscaped and properly
maintained. Landscaping includes, but is not limited to, grass, ground
covers, bushes, trees, shrubs, hedges, or similar plantings. Maintenance
includes, but is not limited to, cutting, pruning, and mowing of required
landscaping and removal of all trimmings.
D.
Pools, spas, and other water features shall be covered with an industry
approved safety cover and shall also comply with the minimum-security
fencing and barrier requirements of all applicable building and existing
structures/property maintenance codes and ordinances.
E.
Property shall be maintained in a secure manner so as not to be accessible
to unauthorized persons. Secure manner includes, but is not limited
to, the closure and locking of windows, doors, gates, and any other
opening of such size that may allow a child or other person to access
the interior of the property and/or buildings or structures. Broken
windows must be repaired or replaced with like glazing materials within
14 days. Boarding up of open or broken windows is prohibited except
as a temporary measure not to exceed 14 days.
F.
Electrical power and natural gas shall be provided to all vacant
or unoccupied buildings or structures to power all mechanical equipment
to maintain a minimum ambient interior temperature of not less than
45° Fahrenheit during the months of September through April of
each calendar year and to power a sump pump. A minimum of a seven
watt night light shall be placed in the interior of any vacant residential
building or structure on a timer, set so as to tum on at dusk and
off at dawn, on both the first and second levels, so as to be visible
from the exterior of the residential building or structure. All vacant
or unoccupied residential buildings or structures shall have the water
shut off at the street and shall have the building properly winterized
so as to prevent the bursting of water pipes, unless the building
or structure is served by a heating system which requires the use
of water.
G.
Property facade, foundation, basements, crawlspaces, exterior walls,
exterior windows and doors, roof, gutters, downspouts, scuppers, flashing,
chimneys, flues outside stairs, steps, decks, verandas, and balconies
need to be property maintained.
H.
Property shall be maintained in compliance with all other applicable
code requirements.
Property that is subject to this chapter that is left open and/or
accessible shall be subject to entry by the City in order to ensure
that the property has not become an attractive nuisance and to ensure
that the property is locked and/or secured and in compliance with
the City's codes and ordinances. The owner of property subject
to this chapter which is found open or unsecured shall be responsible
for paying a securing fee as set by the City Council to offset the
cost incurred by the City in contacting the owner or management company
to secure the property, or if the owner and/or management company
cannot be contacted or does not secure the property within a reasonable
time, not to exceed 24 hours, the cost incurred by the City in securing
the property.
A vacant or unoccupied building or structure on vacant property
shall not be occupied until a certificate of compliance has been issued
by the Building Official within 30 days immediately prior to occupancy,
and all violations have been corrected in accordance with the City's
codes and ordinances and state law. All mechanical, electrical, plumbing,
and structural systems shall be certified by a licensed contractor
as being in good operation and repair. In addition, a certificate
of compliance shall not be issued until all outstanding costs, assessments,
and/or liens owed to the City have been paid in full.
If an occupied building or structure is damaged by fire, the
owner has 30 days from the date of the fire to apply for a permit
to start construction or demolition. Failure to do so will result
in the property being deemed vacant and subject to the requirements
of this chapter.
The issuance of a certificate of compliance is not a representation
by the City that the residential home, rental unit, or commercial
property is in compliance with the Fire Prevention, building, Mechanical,
Property Maintenance, Electrical or Plumbing Codes. The issuance of
a certificate of compliance indicates that the residential home, rental
unit or commercial property did not have any dangerous conditions
as of the date of the inspection. However, neither the enactment of
this article nor the issuance of a certificate of compliance shall
impose any liability upon the City for any errors or omissions which
resulted in the issuance of such certificate, nor shall the City bear
any liability not otherwise imposed by law.
All fees hereunder that remain unpaid after 14 days written
notice to the owner and/or management company shall be assessed against
the property as a lien and placed on the tax roll or the City may
seek civil judgment in the court of jurisdiction.
A violation of this chapter shall be a municipal civil infraction
and shall not be punishable by imprisonment. A first offense shall
be subject to a minimum $200 fine and any other penalties authorized
under state law. Second or subsequent offenses shall be subject to
a minimum fine of $400 and any other penalties authorized under state
law. The requirements of this chapter are in addition to, and not
in lieu of, all other City ordinances, codes, rules, regulations,
or state law.
Should any section, subsection, clause, or phrase of this chapter
be declared by the courts to be invalid or unacceptable, such holding
will not affect the validity or enforceability of the ordinance as
a whole or any part thereof other than such part so invalidated or
declared unenforceable.
