[HISTORY: Adopted by the Borough Council of the Borough of
Zelienople as indicated in article histories. Amendments noted where
applicable.]
[Adopted 10-8-2018 by Ord. No. 862-18]
The requirements of this article shall be applicable to every
commercial property in the C-1, Central Business District, and C-1,
Central Business District Overlay Zoning Districts in the Borough
of Zelienople, and to each owner of any commercial property in the
C-1, Central Business District, and C-1, Central Business District
Overlay Zoning Districts that has a vacant “ground-floor”
space, as defined by this article.
As used in this article, the following words and phrases shall
have the meanings indicated unless the context clearly indicates a
different meaning:
A room typically used for storage and mechanical equipment
that is located in the basement of a building and is not used for
commercial or residential purposes.
Any floor of a building with direct access to grade, that
is located less than one story above or less than one story below
grade, provided that no portion of a floor that constitutes a cellar
(as defined in this article) shall constitute a ground-floor.
A professionally produced legal sign is prominently displayed
promoting the vacant space for sale and/or for lease, providing (at
least) a contact phone number for information and showings. Said sign
must be in compliance with applicable sign ordinance(s), and at minimum
its font size must be reasonably readable from the adjacent roadway.
Handwritten signs are not permitted relative to this requirement.
Improved real estate, including buildings or structures.
A building or structure space shall be deemed to be vacant
if no person or persons currently conduct a lawfully licensed use
in said space.
A.
On January
1 of each calendar year, and throughout the year as ground-floor space
becomes vacant, the Borough shall identify ground-floor spaces in
the C-1, Central Business District, and C-1, Central Business District
Overlay Zoning Districts that are deemed vacant as defined by this
article. The property owner shall be mailed written notification of
the structure’s classification as vacant, as defined herein,
and shall also receive a property maintenance compliance checklist
per the 2015 International Property Maintenance Code, and a ground-floor
vacant structure registration form.
B.
That ground-floor
vacant structure application shall be completed, and supply the following
information:
(1)
The
name and address of the property owner or property owners;
(2)
The
name and address of the authorized agent for whom the owner has entered
into a contract or agreement making them responsible for property
management of the vacant structure. This authorized agent is approved
to receive any and all notices relating to the property and compliance
of any and all ordinances;
(3)
A telephone
number where either the property owner or authorized agent can be
reached at all times during business and nonbusiness hours; and
(4)
A plan
for the future of the ground-floor vacant space; whether it be selling
the structure, marketing the structure for a tenant, rehabilitation
of the structure or demolition of the structure.
C.
The vacancy start date shall be the date of mailing of a written notification by the Borough that the subject property’s ground-floor space has been identified as vacant. On the 45th day after the start date, should said ground-floor space remain vacant as defined in this article, and the property owner or agent has not complied with § 185-5 of this article and not provided the information hereto required, the owner of the building in which said vacant ground-floor space is present shall be required to pay a vacant property monitoring fee, established in this article, and which may change by resolution of the Borough Council.
D.
There shall
be no proration of the monitoring fee.
E.
The vacant
property monitoring fee shall not be imposed on ground-floor vacant
properties, as defined in this article, that are the subject of an
active building permit for repair or rehabilitation, and the owner
is progressing diligently to complete said repair or rehabilitation.
A.
The owner
of vacant ground-floor space shall pay an annual vacant property monitoring
fee of $500 for the first year that the space is vacant. The vacant property monitoring
fee will increase to $1,000 for the second year and $1,500 per year
thereafter until the ground-floor space is no longer vacant or the
structure qualifies for exemption. The first annual fee shall be paid
at the time the property is registered and thereafter on or before
each subsequent calendar year (365 days) from that date if the structure
remains vacant. If the fee is not paid, becoming delinquent, the owner
shall be subject to legal action, including, but not limited to, the
filing of a lien against the property and civil actions to collect
the vacant property monitoring fee and any costs associated therewith.
B.
The fee
shall be paid in full prior to the issuance of any permits.
C.
All delinquent
fees shall be paid by the owner prior to transfer of ownership interest
in the vacant property. A lien may be placed on the property by the
Borough to collect delinquent fees. A hold may be placed on the transfer
or activation of municipal utilities until all delinquent fees have
been paid.
A.
The monitoring fee, as required herein, shall be waived in full by the Borough if, by the 45th day after written notification as described in § 185-3 herein, all of the following conditions are present:
(1)
The
street-level exterior building components in which said ground-floor
vacancy is identified are clean (including glass inside and out).
A minimum of 70% window transparency must be maintained;
(2)
Any
obsolete or noncompliant wall or ground signs are removed;
(3)
The
property is not in violation of any provision of the 2015 International
Property Maintenance Code, or any other municipal ordinance;
(4)
A professionally
produced legal sign is prominently displayed promoting the vacant
space for sale and/or for lease, providing (at least) a contact phone
number for information and showings. Said sign must be in compliance
with applicable sign ordinance(s), and at minimum its font size must
be reasonably readable from the adjacent roadway. Handwritten signs
are not permitted relative to this requirement; and
(5)
All
local real estate taxes are paid in full.
B.
The vacant
property monitoring fee waiver may be revoked by the Borough if any
of the above-required conditions is not in place continuously until
the vacant condition no longer exists.
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
