[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.