Downtown Connellsville Storefront Improvement Program

Downtown Connellsville Proposed Ordinance Storefront Window Improvement Program

Proposed by Downtown Connellsville 19 September 2012 Subject: An Ordinance to establish a Vacant Storefront Improvement Program and a process through which to implement design guidelines for window coverings in an effort to enhance the appearance and/or interest in the storefronts of vacant buildings in the City’s commercial areas.

The proposed ordinance would establish a process for the review and approval of vacant storefront windows in Connellsville’s commercial and “Gateway” zones. This ordinance would provide for much needed pedestrian interest that would define the spirit and intent of the Downtown Business District and enhance these areas for the benefit the community.

Summary This ordinance was put together by Downtown Connellsville Committee Members. At present the city does not have any ordinance that covers empty store front windows. This ordinance is popular and is becoming more frequent around the United States. Currently some storefront windows, in Connellsville, contain dead birds, trash piled up to the ceilings, soiled wet curtains, broken and dirty windows, and unkempt sidewalks. These types of conditions hurt the businesses in the downtown, and contribute to people driving through and not stopping to shop in our downtown stores. These unkempt storefronts are just one factor to the loss in tax revenue and the possibility for jobs in the city.

Recommendation: 1. Review the Draft of the proposed Vacant Building Storefront Window Ordinances; 2. Provide direction to Downtown Connellsville for any revisions to the Draft Ordinance; 3. Direct Downtown Connellsville to place the Ordinance on the November Council Agenda for introduction.

Downtown Connellsville Analysis: Vacant commercial buildings can present a profile of economic stagnation and, when vacancies persist, may become a source of blight and burden on the community. The purpose of this ordinance is to help protect the health, safety and welfare of the citizens by preventing blight, protecting property values and downtown integrity, avoiding the creation and maintenance of nuisances and to ensure the safe and sanitary maintenance of dwellings, commercial and industrial buildings. To maintain the pedestrian interest that defines the spirit and intent of the Downtown Business District. It is the intent of this Ordinance to address homes, buildings and any other types of real property both improved and unimproved (in C-1 and C-2 zones) that have become vacant, abandoned, or otherwise unsupervised thereby having a negative impact

on surrounding properties and neighborhoods. Such neglect devalues properties and causes deterioration in neighborhoods and industrial and commercial areas.

The proposed ordinance requires property owners to register vacancies with the City’s Health and Code Officer within 10 days of the vacancy occurring. The owner must participate in the Cities’ Storefront Improvement Program.

The Storefront Improvement Program is a new proposed program in which owners of vacant properties would require the property owner to install window displays in vacant storefront windows. The goal would be to create “sidewalk interest” while eliminating the appearance of blight or abandonment.

Fiscal Impact: This ordinance would have no fiscal impact on the city’s budget, and may also raise some much needed funds. Please look at and help us pass this ordinance. It will cost the city nothing, plus help bring more people and businesses into Downtown Connellsville. It’s time to stop the politics as usual. We as a community need to stand together to improve the quality of life, and attract more people and businesses to Connellsville. Please help us, with this ordinance, clean up some parts of the downtown and try to help stop the decline of the population.

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DRAFT ORDINANCE Presented by Downtown Connellsville

PROPOSED ORDINANCE OF THE CITY OF CONNELLSVILLE, PENNSYLVANIA BE IT ORDAINED, by the City Council of the City of Connellsville, as follows: Section 1 Purpose of ordinance Section 2 Scope of ordinance Section 3 Definitions used Section 4 Acceptable window displays Section 5 Vacant ground floor premises storefront maintenance Section 6 Maintenance of Residential Homes in C-1 & C-2 Areas Section 7 Registration requirements for vacant storefront properties Section 8 Monitoring program-departmental responsibility Section 9 Enforcement Section 10 Penalties

1. Purpose. The purpose of this ordinance is to help protect the health, safety and welfare of the citizens by preventing blight, protecting property values and downtown integrity, avoiding the creation and maintenance of nuisances and to ensure the safe and sanitary maintenance of dwellings, commercial and industrial buildings. To maintain the pedestrian interest that defines the spirit and intent of the Downtown Business District. It is the intent of this Ordinance to address homes, buildings and any other types of real property both improved and unimproved that have become vacant, abandoned, or otherwise unsupervised thereby having a negative impact on surrounding properties and neighborhoods. Vacant and abandoned real property create an increased instance of unsecured or open doors and windows, broken water pipes, flooded basements, theft of metals and other materials, overgrowth of grass, weeds, shrubs, and bushes, illegal dumping and rodent and vermin activity at vacant, abandoned or otherwise unmaintained properties. Such neglect devalues properties and causes deterioration in neighborhoods and industrial and commercial areas. This ordinance not only applies to record owners of properties but also to any other person or entity who has an interest in the property such as mortgagees that have filed for foreclosure or persons or entities that are otherwise under the control of the mortgagee.

2. Scope: The provisions of this chapter shall apply to improved or unimproved residential, commercial and industrial property located within the C-1 & C-2 Zones of the City of Connellsville. This chapter does not relieve an Owner or Mortgagee from compliance with all other City ordinances, codes, rules, regulations and Pennsylvania state law.

3. Definitions. As used in this chapter: (a) “Vacant property” means a property, either improved or unimproved, where there is “evidence of vacant property” as herein defined; or that has been vacant; or not in active use for its intended purposes for a period of thirty (30) days or more; or meets any of the following criteria: (1) provides a location for loitering, vagrancy, unauthorized entry, or other criminal activity; (2) has one or more broken or boarded windows; (3) has taxes or utility bills in arrears for a period of time exceeding 365 days or whose property was subject to tax lien sale; (4) has utilities disconnected or not in use; (5) is not maintained in compliance with city ordinances, codes or state law;

(6) is only partially completed and is not fit for human occupancy; (7) has one or more outstanding fines; (8) exhibits any factors set forth in Section C(b) “Evidence of Vacant Property” defined or described herein. (b) “Evidence of vacant property” means any condition that on its own or combined with other conditions would lead a reasonable person to believe the property is vacant. Such conditions include, but are not limited to, overgrown and/or dead vegetation, accumulation of newspapers, circulars, flyers, and/or mail, past due utility notices, disconnected utilities, accumulation of trash, junk and/or debris, broken or boarded windows, abandoned vehicles, auto parts or materials, the absence of window coverings such as curtains, blinds and/or shutters, the absence of furnishings and/or personal items consistent with habitation, or occupation, outstanding fines arising from violation of ordinances, codes, rules, regulations and Pennsylvania state law, including, but not limited to, statements by neighbors, passersby, delivery agents or governmental employees that the property is vacant. (c) “Building” means a structure with a roof supported by columns or walls to serve as a shelter or enclosure. (d) “Foreclosure” means the process by which a mortgage is enforced against a parcel of real property through sale or offering for sale to satisfy the debt of the mortgagor and which process is commenced by the filing of a complaint for foreclosure in a court of the State of Pennsylvania. (e) “Mortgage” means a recorded lien or interest in real property to secure payment of a loan. (f) “Mortgagee” means a person, firm, corporation or other legal entity holding a Mortgage on a property, whether or not such person, firm, corporation or other legal entity has filed a complaint in the Superior Court of Pennsylvania seeking foreclosure and enforcement of the terms of any mortgage or collection of any negotiable instrument secured by real property. (g) “Mortgagor” means a borrower under a mortgage who grants a lien or interest in property to a Mortgagee as security for the payment of a debt. (h) “Owner” means an individual, co-partnership, association, corporation, company, fiduciary, or any other person or legal entity having a legal or equitable title or interest in real property. (i) “Structure” means anything constructed or erected, the use of which requires location on or attachment to the ground, and includes Buildings. (j) “Vacant Improved Property” means an improved lot or parcel of real property with at least one (1) Building or Structure located on it that is not currently used nor occupied nor has been used nor occupied for a period in excess of thirty (30) days or where there is “Evidence of vacant property” present as that term is herein defined. A Building or Structure that remains furnished has utilities connected or in use, and on property that is maintained while the Owner is absent, shall not be considered vacant. (k) “Vacant Unimproved Property” means a lot or parcel of real property without a Building or Structure located thereon and that is not currently used or occupied for a period in excess of thirty (30) days or where there is “Evidence of vacant property” as herein defined. A lot or parcel of real property without a Building or Structure located thereon and that is in use, not in violation of any rule, regulation or ordinance, is properly maintained and does not exhibit “Evidence of vacant property” as herein defined

will not be considered to be “vacant” for purposes of this ordinance. (l) “Vacant Storefronts” shall means any façade of a Ground Floor Premise having one or more Storefront Windows. The Ground Floor Premises that permits an unobstructed public view into the interior of that Ground Floor Premises from any immediately adjacent street, sidewalk, or right of way. The state of not being occupied by a regularly operating business from the Ground Floor of a Premise.

4. Acceptable widow display options available to comply with the intent of the City’s ordinance include:

(a) Displays (public art, seasonal decorations, community themes, or merchandise installed by retail business) As window displays and storefronts are virtual tourist attractions, it is advised that owners allow their empty storefronts to be used for local community/business/tourism promotion and displays, giving function to the empty space, even though the building may be “inactive” or for sale or rent. (b) Window clings (c) Mural paintings directly inside the window (d) A window display or decorative screening may be on or near the window, and it may contain words or letters, however, no window display shall contain any matter, in writing or in a depiction, that, when considered as a whole, predominantly appeals to prurient interests. (e) No matter what type of display or screening you choose, the selected method must obstruct the view into the vacant storefront by occupying not less than 80% of the window area. In circumstances where the vacant space is in disrepair or utilized for storage, a backdrop located behind the displayed items may be required to obstruct the view into the vacant storefront. (f) Off-site advertising and signage that blocks any window area required for light, ventilation, or emergency exit are prohibited in vacant storefronts. (g) A retail business that provides a decorative display in a vacant storefront is permitted to place a “Window Display Courtesy of (Name, Address of the Store)” on-site informational sign, no greater than two square feet in total area, in the window of the property where the display is installed. Visible adhesive or tape may not be used to affix any window display, decorative screening or signage to a storefront window. (h) After a vacant storefront is rented, the new occupant may install a “Future Home Of…” sign or banner in the window. (i) Existing business identification signage must be removed not more than 15 business days after the date on which the ground floor premises first becomes vacant. Property owners and/or their agents shall maintain the storefront of their vacant premises and keep it in good condition. Storefronts shall be kept neat, clean, and attractive. The door area and sidewalk immediately adjacent to the storefront of the premises shall be neat, clean, and free from dirt and debris and; all storefront window glass of the premises shall be kept clean.

5. Vacant Ground Floor Premises Storefront Maintenance (a) The Storefront of the Premises shall be maintained in good condition, kept neat, clean and attractive. (b) The door area and sidewalk immediately adjacent to the Storefront of the Premises shall be neat, clean, and free from dirt and debris; and snow in the winter. (c) Any and all Storefront Window glass of the Premises shall be kept clean inside and out. (d) All broken/cracked windows or doors will be replaced with new glass.

6. Maintenance of Residential Homes in C-1 & C-2 Areas (a) Residential houses, duplexes, triplexes, and apartment buildings located in zones C-1 & C-2 in the city of Connellsville will be properly maintained and have a neat appearance. Outsides of homes will be free of trash, rotting wood, broken/boarded up windows, disconnected down spouts, high weeds, or any other offence that lessens the property values of an adjoining property.

7. Registration Requirements for Vacant Properties. (a) Within ten (10) business days of identification of any vacant property, or owner’s actual knowledge of any vacant property, owner, owner of record, the beneficiary, and trustee must register the property with the Connellsville Health & Code Enforcement Officer. (b)The registration shall contain the identity of the owner, owner of record, the beneficiary, and trustee and, in the case of a corporate or out of area owner, owner of record, beneficiary, or trustee, the local property management company, if any, responsible for the security, maintenance, and marketing of the property in question. (c) The duties/obligations specified in this section shall be joint and several among and between all owners, owners of record, beneficiaries, and trustees, and their respective agents, successors, and assigns.

8. Monitoring Program-Departmental Responsibility and Fees (a) To initiate proceedings against the owner and/or the owner of record of any vacant building found to be substandard as defined in this title or a nuisance under this code; for purposes of this chapter, failure to comply with this ordinance related to storefront window coverings is hereby declared a public nuisance and is thereby subject to all available legal remedies to cure said nuisance.

9. Enforcement (a) Enforcement and Service. This Ordinance shall be enforced against and violations served upon any Owner, Mortgagee, Mortgagor or third party entity servicing the property by the Police Department, Construction Official, Fire Official, Health or Zoning Officers or any municipal officials designated or authorized by those persons. Service for purposes of this Ordinance shall be deemed complete upon the simultaneous mailing by U.S. First Class Mail and Certified Mail/ Return Receipt Requested upon the last known address of either the Owner, Mortgagee, Mortgagor or third party entity servicing the property or alternatively at the address on record with the Tax Assessor’s Office.

10. Penalties (a). Penalties: Any person(s) or entities found to be in violation of the provisions of this Ordinance shall be subject to a fine of not more than one thousand two hundred and fifty ($1,000.00) dollars for each offense and a separate offense shall be deemed committed on each day during or on which a violation occurs or continues.