Adding Chapter 175 Vacant Property Registration

Ordinance 4/2019 establishing a mandatory registration and maintenance program for vacant properties in Pottsville. Property owners must register vacant or abandoned properties with the Building Department, undergo inspections, maintain properties to code, and pay applicable fees.

Chapter 175: Vacant Property Registration and Maintenance

Purpose

This chapter protects the health, safety, and welfare of citizens by preventing blight, protecting property values and neighborhood integrity, and ensuring safe and sanitary maintenance of dwellings and commercial and industrial buildings. Vacant and abandoned homes create increased risk of unsecured entries, broken pipes, flooded basements, theft, vegetation overgrowth, illegal dumping, and rodent activity. Such neglect devalues properties and causes neighborhood deterioration. The City needs the ability to contact owners of vacant properties for maintenance, utility shutoff, fire safety, and police reasons.

Scope

The provisions 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.

Definitions

Abandoned vacant property: vacant for 30+ days and meeting criteria such as loitering/vagrancy locations, broken/boarded windows, delinquent taxes exceeding 365 days, disconnected utilities, noncompliance with ordinances, or incomplete construction unfit for occupancy
Vacant Property: an improved lot with at least one building or structure not currently used or occupied for more than 30 days (furnished and maintained properties with connected utilities are not considered vacant)
Evidence of vacant property: conditions indicating vacancy such as overgrown vegetation, accumulated newspapers/mail, past due utilities, trash accumulation, broken windows, abandoned vehicles, lack of window coverings, absence of furnishings, or statements from neighbors or officials

Registration Requirements

Owners of vacant or abandoned vacant properties must register with the Building Department within 30 days of vacancy. Registration requires submission of a valid driver's license copy, date of birth, and an owner registration form.

Owner Registration Form Content

Owner's name
Current mailing address where certified mail will be received (returned mail constitutes prima facie evidence of noncompliance)
Name of individual or legal entity responsible for property care and control
Current address, telephone, facsimile, or email for the responsible individual
Owner's promise to allow Building Official inspections
Explanation of the reason for vacancy

Registration remains valid for 365 days and must be renewed annually until the property is occupied and a certificate of compliance is issued. An agent may sign on behalf of the owner if written authorization is provided.

Fees

No fee for the first 6 months
$25 fee for 6–12 months (waived if property is actively marketed)
$50 annual fee after 12 months until property is occupied and certificate of compliance issued
Additional fee for City expenses in determining ownership (title searches, etc.) if property is not registered within required timeframe

All fees are secured by a lien against the property. If fees are not paid within 30 days after billing, they are collected as provided in the assessment section. There is no fee to update current registration information.

Information Updates

If registration form information becomes invalid, the owner must file an updated form within 10 days.

Inspections

An initial safety and maintenance inspection is required upon registration. Owners must demonstrate that water, sewer, electrical, HVAC, plumbing systems, exterior finishes, roofing, structural systems, foundation, drainage, gutters, doors, windows, parking areas, driveways, sidewalks, and all other property areas are sound, operational, properly disconnected, and in compliance with the property maintenance code. If violations are found, owners must apply for necessary permits within 10 days and complete repairs within 30 days (or up to 6 months as permitted by the Building Official).

Annual inspections are required thereafter until the building is lawfully occupied. Any code violations detected must be fully repaired and remedied within 30 days of notice or such additional time as permitted by the Building Official (not to exceed 6 months).

Mortgagees holding mortgages on properties must perform an inspection within 5 days after filing a foreclosure complaint or publishing a foreclosure notice. If the property is found vacant or shows evidence of vacancy, the mortgagee must register the property in accordance with this chapter.

Maintenance and Security Requirements

Owners must comply daily with all maintenance and security requirements:

Keep property free from weeds, grass exceeding 6 inches, dry brush, dead vegetation, trash, junk, debris, newspapers, circulars, flyers, discarded items (furniture, appliances, signage, containers, construction materials), or any items giving appearance of abandonment
Maintain property free of graffiti or similar markings
Landscape and maintain all visible front and side yards including grass, ground covers, bushes, trees, shrubs, hedges, or similar plantings through cutting, pruning, mowing, and removal of trimmings
Cover pools, spas, and water features with industry-approved safety covers and comply with applicable fencing and barrier requirements
Keep property secure and inaccessible to unauthorized persons through closed and locked windows, doors, gates, and openings; repair or replace broken windows with like materials within 14 days (boarding prohibited except as temporary measure not exceeding 14 days)
Provide electrical power and natural gas to maintain minimum interior temperature of 45°F from September through April and to power sump pumps; place minimum 7-watt night lights on timer on first and second levels of residential buildings to be visible from exterior; shut off water at street and winterize residential buildings to prevent pipe bursting (unless heating system requires water)
Maintain property façade, foundation, basements, crawlspaces, exterior walls, windows, doors, roof, gutters, downspouts, flashing, chimneys, outside stairs, decks, verandas, and balconies
Maintain compliance with all other applicable code requirements

Open Property and Securing Fee

Properties found open or unsecured are subject to entry by the City to ensure compliance and security. Owners are responsible for paying a securing fee set by City Council to offset costs of contacting the owner or management company, or the actual cost if the City must secure the property within 24 hours.

Re-Occupancy

A building or structure shall not be occupied until a certificate of compliance is issued by the Building Official within 30 days before occupancy. All violations must be corrected per City codes, ordinances, and state law. All mechanical, electrical, plumbing, and structural systems must be certified by a licensed contractor as in good operation and repair. The certificate cannot be issued until all outstanding costs, assessments, and liens owed to the City are paid in full.

Fire-Damaged Property

If an occupied building is damaged by fire, the owner has 30 days from the fire date to apply for a permit to start construction or demolition. Failure to do so results in the property being deemed vacant and subject to this chapter's requirements.

City Nonliability

A certificate of compliance is not a representation that the property is in full compliance with Fire Prevention, Building, Mechanical, Property Maintenance, Electrical, or Plumbing Codes. The certificate only indicates that no dangerous conditions existed as of the inspection date. The City bears no liability for errors or omissions in issuing the certificate beyond liability otherwise imposed by law.

Unpaid Fees and Assessment

Fees remaining unpaid after 14 days written notice to the owner or management company are assessed against the property as a lien and placed on the tax roll, or the City may seek civil judgment.

Penalties

Violations are municipal civil infractions not punishable by imprisonment. First offense: minimum $200 fine. Second or subsequent offenses: minimum $400 fine. Additional penalties authorized under state law apply. These requirements are in addition to all other City ordinances, codes, rules, regulations, and state law.

Original on pottsvillepa.gov →