This Article
V shall be known and cited as the "Vacant Property Registration Ordinance of the Borough of Lewistown."
The provisions of this article shall apply to all structures
within the Borough.
As used in this article, the following terms shall have the
meanings indicated:
EVIDENCE OF OCCUPANCY
Conditions visible from the exterior of the structure that
would lead a reasonable person to conclude that the property is currently
occupied by the owners or tenants.
EVIDENCE OF VACANCY
Conditions visible from the exterior of the structure that
would lead a reasonable person to conclude that the property is not
currently occupied by the owners or tenants. Such conditions shall
include, but are not limited to, overgrown and/or dead vegetation;
accumulation of newspapers, circulars, flyers, phone books and/or
mail; past-due utility notices; accumulation of trash, junk and/or
debris; the absence of basic household furnishings and/or personal
items consistent with occupied structures; statements and observations
by neighbors, utility personnel, delivery agents or other government
employees that the property is vacant; failure to comply with the
city's snow removal requirements, or evidence of the property
being an attractive nuisance or harborage for rodents, pests or vermin.
Disconnected or discontinued public utilities shall be considered
undisputable evidence of vacancy.
NUISANCE PROPERTY
An occupied or unoccupied property that is in violation of
one or more ordinances of the Borough of Lewistown and has required
the Lewistown Police Department or Lewistown Borough Code Officer
to inspect the property.
OWNER
Any person, trustee, power of attorney, partnership, copartnership,
business, association, corporation, fiduciary or any other imaginable
entity having a legal or equitable title or claim, or any interest
in, the piece of property immediately in question.
RESPONSIBLE PARTY
A person, trustee, power of attorney, partnership, copartnership,
business, association, corporation, fiduciary or any other imaginable
entity, other than the owner, that has taken responsibility for the
piece of property immediately in question.
UNOCCUPIED STRUCTURE
A structure left for a period of time unoccupied but fully
furnished with intent to reoccupy. Water may be disconnected but utilities
such as electricity are still intact and functioning, even if at a
lower level.
VACANT STRUCTURE
A building or structure that is not currently occupied and
shows evidence of vacancy, as defined herein. Not an unoccupied structure.
VACANT STRUCTURE; FOR SALE BY REAL ESTATE COMPANY
A vacant structure that shows evidence of vacancy as defined
herein and is listed by a real estate broker or company or auction
company. An owner's agent may register that structure as the
responsible party.
Exemptions are only for a six-month period; one-time waiver
of registration fee. A one-time waiver of the registration fee may
be granted by the office of Code Enforcement upon application of the
owner if the owner:
A. Demonstrates with satisfactory proof that the owner is in the process
of demolition, construction, rehabilitation, or other substantial
repair of the vacant building as evidenced by valid permits issued
by the Borough of Lewistown and any other regulatory entity;
B. Objectively demonstrates the anticipated length of time for the demolition;
C. Provides satisfactory proof that the owner is actively attempting
to sell or lease the property during the vacancy period. Satisfactory
proof must be provided, including, but not limited to, the property
being actively listed and marketed through a licensed real estate
agent/broker, or by the owner, who is regularly advertising the property
in newspapers of general circulation in and around the county. (For
the purposes of this article, "consistently" shall mean at least once
per quarter.) Also, the property shall be posted with "for sale" or
"for lease/rent" signs large enough to see from across the street.
Where a building or structure has been damaged by fire or is
part of a probate estate settlement, the vacant property shall be
registered with the Borough, but shall not be required to pay the
required fee. All contact information shall be supplied on the registration
form as if it were a typical registration. Following a fire, the owner
shall be required to obtain a permit for renovations or demolition
within six months of the date of the fire; if after six months the
owner does not obtain a permit with plans for repairing or demolishing
the property, the property will be subject to all fees and registration
requirements of this article. The Borough must be notified within
30 days of the settlement with the plans for the renovation, sale
or reuse of the structure. The Borough's Fire Escrow Ordinance must be followed.
Upon an owner's failure to pay a bill within 30 days, the
costs of abatements shall be assessed against the property as a lien
and included on the tax roll or, in addition to all other remedies
allowed by law, the unpaid bill shall be considered an outstanding
debt and shall be satisfied prior to utilities being turned on to
the property.