Introduced by:
Mr. Justin M. Taylor, Mayor
City of Carbondale, Pennsylvania
FILE OF THE COUNCIL NO. 14; 2008
An ordinance authorizing the City of Carbondale to establish and collect
fees for the registration of VacantBuildings and Parcels.
PREFACE
When the owner of a vacant building or parcel in the City of Carbondale fails to actively maintain and manage said property, the building or parcel can become a major cause of blight – in both residential and non-residential sectors of the City.
Vacant buildings that are boarded, substandard, or unkempt, and Vacant Parcels that are undeveloped, overgrown, or underutilized, discourage economic development. Further, they affect the appreciation of property values in the general vicinity.
It is the sole responsibility of the owner of such property to prevent burdensome conditions in the neighborhood and community as a whole. It is also the sole responsibility of the owner to prevent vacant buildings or parcels from becoming a threat to the public health, safety, or welfare of the citizens of Carbondale.
Additionally, vacant buildings or parcels owned by banks, mortgage companies and other investors present a challenge to the Code Enforcement Division of the City of Carbondale when trying to contact the person(s) responsible for actively maintaining the property. Therefore, the City of Carbondale finds it necessary to implement an annual registration program of vacant buildings and parcels, along with corresponding fees.
Be it ordained, by the Council of the City of Carbondale and it is hereby ordained by and with the authority of the same as follows:
SECTION 1:SHORT TITLE
This ordinance shall be known and may be cited as the “City of Carbondale Vacant Property Registration Ordinance.”
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SECTION 2:DEFINITIONS, WORD USAGE
For the purpose of this ordinance, the following terms, phrases, words and their derivations shall have the meanings given herein. The word "shall" is always mandatory and not merely directory. As used in this ordinance, the following words shall have the meanings indicated:
(a)Boarded. Any building or structure with one (1) or more exterior doors, other than a storm door, and/or one (1) or more windows with a sheet or sheets of plywood or similar material covering the space of such doors or windows.
(b)Occupied. Any building or structure with one (1) or more persons actually conducting a lawful business or residing in all or part of the building as the licensed business-occupant, or as the legal or equitable owner/occupant(s) or tenant (s) on a permanent, non-transient basis, or any combination of the same.
( For purpose of this section, evidence offered to prove that a building is so occupied may include, but shall not be limited to: the consistent receipt of regular mail delivery through the U.S. Postal Service; proof of continual telephone, electric, gas, heating, water and sewer services; a valid City Business License; or the most recent, federal, state, or city tax statements indicating that the subject property is the official business or residence address of the person or business claiming occupancy, or proof of pre-rental lease. )
(c)Open. A building or structure deemed to have one (1) or more exterior doors, other than a storm door, broken, open and/or closed, but without a properly functioning lock, or if one (1) or more windows are broken or not capable of being locked and secured from intrusion, or any combination of the same.
(d)Vacant. A building, structure or parcel deemed to have no person or persons actually conducting a lawful business or lawfully residing in or on any part thereof in a permanent, non transient basis.
(e)Actively for sale or lease. A building, structure or parcel 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 Lackawanna County and posting the property for sale via signage; the property is offered for sale or lease at a cost of no more than twenty-five percent (25%) over the market rate – as determined by comparables; and the property is in reasonable condition for sale or lease, including but not limited to, no trash/debris has accumulated inside or outside, all utilities are functional, and it is not used for storage unrelated to the former use.
(f)Board of Appeals. The City of Carbondale Vacant Property Review Committee.
(g)City. The City of Carbondale, Pennsylvania.
(h)Premises. All lands, structures, places, and also the equipment and appurtenances connected or used therewith in any business, and also any personal property which is either affixed to, or is otherwise used in connection with any such business conducted on such premises.
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SECTION 3:ANNUAL REGISTRATION OF VACANT BUILDINGS AND PARCELS
- The purpose of requiring registration of all vacant buildings, including dwellings, and the payment of registration fees is to:
- Assist the City of Carbondale (City) government, specifically the Code Enforcement Division, in protecting the public health, safety, and welfare of the citizens;
- Monitor the number of vacant buildings and lands in the City;
- Assess the effects of the condition of those buildings on nearby businesses and the neighborhoods in which they are located, particularly in light of fire safety hazards and unlawful, temporary occupancy by transients, including illicit drug users and traffickers, reduction in property values and the long term stability of the neighborhoods; and
- Promote substantial efforts to rehabilitate such vacant properties.
B. The provisions of this ordinance are applicable to the owners of such vacant buildings and parcels as set forth herein and are in addition to and not in lieu of any and all other applicable provisions of the Carbondale City Code and any other applicable ordinances and /or regulations of the City.
SECTION 4: APPLICABILITY
- The requirements of this Ordinance shall be applicable to each owner of any building or parcel that is not an individual dwelling unit that is vacant for more than 45 consecutive days, and to each owner of a residential property consisting of one (1) or more vacant dwellings that shall have been vacant for more than 45 days.
- Registration shall be required for all vacant buildings and parcels whether vacant and secure, vacant and open, or vacant and boarded, and shall be required whenever any building has remained vacant for 45 consecutive days or more. The ordinance shall not apply to any building owned by the United States Government, the state, the City nor to any of their respective agencies or sub-divisions.
SECTION 5:REGISTRATION STATEMENT
A. Registration Statement. Each such owner shall cause to be filed a notarized registration statement, which shall include the street address and parcel number of each vacant building and/or parcel, the names and addresses of all owners, as hereinafter described, and any other information deemed necessary by the City. The registration fee(s) as required by this Ordinance shall be billed by the City of Carbondale and shall be paid by of each year. For purposes of this Ordinance, the following shall also be applicable:
(1)If the owner is a corporation, the registration statement shall provide the names and residence addresses of all officers / directors of the corporation and shall be accompanied by a copy of the most recent annual franchise tax report filed with the applicable secretary of state.
(2)If an estate, the name and business address of the executor of the estate.
(3)If a trust, the name and address of all trustees, grantors, and beneficiaries.
(4)If a partnership, the names and residence addresses of all partners with an interest of ten (10%) percent or greater.
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SECTION 5:REGISTRATION STATEMENT (continued)
(5)If any other form of unincorporated association, the names and residence addresses of all principals with an interest of ten percent (10%) or greater.
(6)If an individual person, the name and residence address of that individual person.
(7)In no instance shall the registration of a vacant building or parcel, and payment of registration fees, be construed to exonerate the owner, agent or responsible party from responsibility for compliance with any other building or housing codes or other applicable requirements of law.
(8)One registration statement be filed for each vacant building or parcel that the owner is registering.
(9)If the status of the registration information changes during the course of any calendar year, it is the responsibility of the owner, responsible party or agent for the same to contact the City of Carbondale Code Enforcement Division within 30 days of the occurrence of such change and advise the City in writing of those changes.
B. Local Agent. If none of the persons listed on the registration statement are at an address within the state, the registration statement also shall provide the name and address of a person who resides within 20 miles of the City of Carbondale and who is authorized to accept service of process on behalf of the owners and who shall be designated as 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 purposes of service of any and all notices or registrations statements as herein authorized and in connection herewith.
C. Fee Schedule. The owner of the vacant property as of of each calendar year shall be responsible for the payment of the non-refundable registration fee. Said fee shall be billed by the City of Carbondale based on the duration of the vacancy as determined by the following schedule:
45 DAYS to 1 YEAR:$100.00
1 YEAR Vacant: $250.00
2 YEARS Vacant: $500.00
3 YEARS Vacant:$1,000.00
4 to 5 YEARS Vacant: $2,000.00
6 to 9 YEARS Vacant: $3,500.00
10 YEARS Vacant: $5,000.00
10 YEARS PLUS Vacant: $5,000.00 (plus additional $500 for every year over 10 years)
D. Delinquent Registration Fees as a Lien. After the owner is given notice of the amount of the registration fee due, except for those owners that have properly perfected a waiver pursuant to SECT. 6 herein, and the owner fails to pay the amount due by of each calendar year, said amount shall constitute a debt due and owing to the City of Carbondale and the City may commence a civil action to collect such unpaid debt. Further, a Municipal Lien shall be filed against said property in the Lackawanna County Court of Common Pleas.
E. Penalties. If the owner of a vacant building or parcel fails to make payment for registration fees due to the City of Carbondale, a penalty in the twenty five (25%) percent shall be assessed until payment is
PAGE 5 - FILE OF THE COUNCIL NUMBER 14; 2008
SECTION 5:REGISTRATION STATEMENT (continued)
received in full. If a property owner is delinquent paying registration fees for more than one (1) vacant property, or the owner is delinquent for the second (2nd) year in a row, said penalty shall increase to fifty (50%) percent.
F. Posting of Property. All vacant properties shall be posted with a sign no smaller than two (2’) feet by four (4’) feet indicating the name of the owner(s) and the contact address and telephone number. If a partnership or corporation, the names of all members, with contact information, shall be listed. Said sign shall be placed in plain view from the sidewalk / roadway and must be legible from the opposite sidewalk / side of the roadway.
SECTION 6:WAIVER OF REGISTRATION FEE
A. One Time Waiver of Registration Fee. A one (1)time waiver of the registration fee may be granted by the City of Carbondale upon application of the owner if the owner:
(1)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 City of Carbondale and any other regulatory entity;
(2)Objectively demonstrates the anticipated length of time for the demolition;
(3)Provides satisfactory proof that the owner is actively attempting to sell or lease the property during the vacancy period. [Satisfactory proof must include the propertyactively 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 LackawannaCounty. (For the purposes of this ordinance, consistently shall mean at least once per quarter.) Also, the property shall be posted with “For Sale” signs large enough to see from across the street. Said property shall be offered for sale or lease at a cost of no more than twenty-five percent (25%) over the market rate – as determined by comparables.] (Properties listed at a price of 25% above market value will not meet the waiver guidelines.)
(4)Remits a Non-Refundable Fee of One Hundred Dollars ($100).
B. Two Year Waiver. Upon application by the owner and satisfaction of the subsections above, the City may grant a two (2) year waiver of the registration fee if the owner meets the criteria for a non-profit organization – as defined by section 501(c)3 of the IRS Code.
SECTION 7:SEVERABILITY
The provisions of this Ordinance are severable and if any section, sentence, clause, revision, part or other portion hereof shall be held unconstitutional, illegal, invalid or otherwise ineffective, the validity of the remaining provisions shall be unaffected thereby. It is the intention of the Council of the City of Carbondale that this Ordinance would have been adopted had such unconstitutional, illegal, invalid, or otherwise ineffective section, sentence clause, or provision, part or other portion not been included herein.
PAGE 6 - FILE OF THE COUNCIL NUMBER 14; 2008
SECTION 17:REPEALER
Any Ordinance or any portion of any Ordinance, inconsistent with this Ordinance is hereby repealed.
FIRST READING:NOVEMBER 12, 2008
SECOND READING: DECEMBER 15, 2008
Kathleen ConnorMichele M. Bannon
Council PresidentCity Clerk
Justin M. Taylor
Mayor
SEAL