[Ord. No. 2225, 3/13/2023]
This Part, in conjunction with Part 16, Registration of Vacant
Commercial Units, is intended to 1) create a regulatory scheme in
which every commercial unit within the Borough is either registered
as actively used or vacant; 2) promote active, productive use of all
properties within the Borough; and 3) allow for the creation and maintenance
of a database of businesses operating within the Borough for the purpose
of informing and aiding economic revitalization and redevelopment,
as well as to assist police, fire, and emergency responders during
emergency events.
[Ord. No. 2225, 3/13/2023]
The following words and terms when used in this Part shall have
the meanings ascribed to them in this section, except where the context
clearly indicates a different meaning, and words used herein in the
singular, where the context so permits, shall be deemed to include
the plural and vice versa:
BUSINESS
A calling, occupation, profession, or activity which engages
in the buying and selling of goods, commodities, and/or services,
and which may not otherwise be classified as an agricultural, industrial,
institutional, or residential use, as determined by the Enforcement
Officer.
CODE
Any ordinance, regulation, or law adopted, enacted, or in
effect in and for Pottstown Borough including but not limited to this
Part, the Uniform Construction Code, International Fire Code, International
Property Maintenance Code, Plumbing Code, ICC Electrical Code, International
Mechanical Code, International Existing Building Code, the Pottstown
Zoning Ordinance and/or other future national or international codes
or ordinance amendments that may be subsequently adopted by Pottstown
Borough Council.
COMMERCIAL UNIT
Any unit in which a business operates, as determined by the
Enforcement Officer.
ENFORCEMENT OFFICER
The Director of Pottstown Borough's Licensing and Inspections
Department or his or her designee.
INDUSTRIAL
The manufacturing, producing, processing, fabricating and/or
assembly of raw goods, research or development in connection therewith,
warehousing or bulk storage of goods and the sale of commodities to
the general public when accessory to an industrial use. This term
does include the sale of commodities to the general public through
a warehouse club or similar use.
INSTITUTIONAL
Public, private or not-for-profit organizations and which
are primarily used or intended to be used to serve public benefit
and community, such as an educational, religious, recreational, or
historical uses.
OCCUPIED
Commercial units where one or more owners conducts a lawful
business on a permanent basis provided the unit is in compliance with
all codes, unencumbered by municipal and tax liens, and not subject
to pending mortgage foreclosure proceedings.
OWNER (OF A UNIT)
Every person or legal entity, alone or severally with others:
1.
With legal or equitable title to any unit;
2.
With care, charge or control of any unit, in any capacity including
but not limited to an agent, executor, executrix, administrator, administratrix,
trustee or guardian of the estate of the holder of legal title, and/or
pursuant to a court order; and/or
3.
Who is a mortgage lender or mortgagee for a unit subject to
a mortgage which is in foreclosure.
PERMANENT BASIS
The regular, continuing operation of a business or other
nonresidential use exclusive of any temporary or seasonal closures.
RESIDENTIAL
Units owned or leased which serve or are intended to serve
as someone's permanent principal residence. This term does not
include transient accommodations such as hotels, bed-and-breakfasts,
and short-term vacation rentals.
TEMPORARY
The cessation of a commercial use for a specific, enunciated,
and reasonable purpose lasting a limited time; typically, 60 days
or less.
UNIT
Any confined space within a building. A building may contain
a single unit or multiple units. A building shall be deemed to contain
multiple, separate units when it contains confined spaces which are
used independently from other confined spaces, exclusive of shared
common areas such as entrance ways, lobbies, stairwells, and hallways.
[Ord. No. 2225, 3/13/2023]
1. Registration. Occupied commercial units shall be always registered with the Licensing and Inspections Department. The legal owner of each unit shall be required to complete all registration requirements, as provided for herein, including but not limited to payment of the fee required by Subsection
1D and the filing a complete registration statement on forms provided by Licensing and Inspections.
A. A registration statement shall be valid until December 31 of each
year and must be renewed annually, where applicable.
B. The following information and documentation shall be provided in
or accompany the registration statement:
(1)
Mailing address of the commercial unit.
(2)
Names and addresses of all owners.
(3)
A summary of the nature of the business being conducted in the
commercial unit including but not limited to the name of the business;
the nature of the business; the owner of the business; the business's
corporate address, if different than the unit's address; the
approximate number of employees; the hours of operation; the business's
website, if any; and the business's contact information.
(4)
Name of the responsible person to contact for the commercial
unit regarding building repairs and emergency conditions, along with
his or her mailing address, email address, and direct access telephone
number.
(5)
If none of the owners reside within the Commonwealth of Pennsylvania,
then the name, mailing address, email address, and direct access telephone
number of a local agent who resides within the Commonwealth of Pennsylvania
and is authorized to accept the services of process on behalf of the
owner 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 the purposes
of service of any and all notices as herein authorized.
(6)
A list of any hazardous materials stored within the commercial
unit and copies of all the emergency services material safety data
sheets (MSDS) or hazardous chemical inventory forms under the Superfund
Amendments and Reauthorization Act of 1986 (SARA Title III) relevant
thereto.
(7)
Any other information deemed necessary by the Enforcement Officer
from time to time.
C. Obligation to Update Information. The owner shall notify the Enforcement
Officer within 30 days of any change to the information contained
in any relevant registration statement on file with the Borough including
but not limited to information related to the business and its ownership
and operation.
D. Registration Fee. No registration shall be deemed complete until
the applicable fee is paid.
(1)
Annual Registration Fee. A registration fee of $35 is imposed
for a registration statement for each occupied commercial unit to
cover the administrative cost of this program. This fee may be amended
hereafter from time-to-time by Council by resolution.
(2)
No refund shall be made for a business that is discontinued.
(3)
Fees shall not be prorated for partial years.
[Ord. No. 2225, 3/13/2023]
Each violation of a section or subsection of this Part shall
constitute a separate violation. Each day the violation persists shall
then constitute a separate summary offense for which the maximum criminal
fine of $1,000 and/or a maximum term of imprisonment of 90 days may
be imposed upon conviction. For the enforcement of this Part or to
correct any violation thereof, the Borough may also, or in the alternative,
institute appropriate action or proceeding at law or equity. The offender
shall also be assessed all court costs and be required to reimburse
all attorneys' fees reasonably incurred by the Borough in association
with securing a conviction and/or related to any other proceedings
instituted pursuant hereto.