Presenter
Presented by Mr. Bodack
Title
Ordinance amending the Pittsburgh Code, by adding Title SIX - CONDUCT Chapter VII: NUISANCE PROPERTIES
Body
Whereas, the City has a duty to protect the common health, safety and welfare of its Citizens; and
Whereas, certain properties within the City repeatedly violate various state and local laws; and
Whereas, in so doing, those properties cause public disorder, disturb neighboring properties, threaten neighboring Citizens, burden City resources, and evidence a general disregard for the laws of this Commonwealth and City, which laws were enacted to ensure the common health, safety and welfare of all Citizens; and
Whereas, such properties and repeated illegal conduct thereon threaten the common health, safety and welfare of the Citizens of this City, and impose a tremendous and inequitable burden on City resources; and
Whereas, the City is vested with the power and responsibility to declare a
nuisance those things that threaten the common health, safety and welfare of the public; and
Whereas, the City is vested with the power and responsibility to charge the cost of abatement of nuisances to the owners of said properties.
Be it resolved by the Council of the City of Pittsburgh as follows:
Section 1. The Pittsburgh Code is hereby supplemented by addition of the following new chapter:
Title SIX - CONDUCT Chapter VII: NUISANCE PROPERTIES
670.01 PURPOSE.
City Council hereby finds that Nuisance Properties place a substantial and unacceptable threat and burden on the common health, safety and welfare of the residents of the City of Pittsburgh. To this end, City Council directs the Director of Public Safety, as provided in the following Sections, to charge the cost of abatement of Nuisance Properties to the Property Owner in an effort to deter repeated violation of state and local law and to ensure restoration of the common health, safety and welfare of City residents.
670.02 DEFINITIONS.
(a) "Authorities" mean Chief of Police, Chief of Bureau of Building Inspection working cooperatively with the Department of Computer Information Systems.
(b) "Cost of Abatement" means the reasonable cost of abatement of an Enumerated Infraction as calculated by the Director of Public Safety, including but not limited to the cost of police and/or inspector response associated with abating an Enumerated Infraction.
(c) "Cost Schedule" means the complete list of rates associated with abating each Enumerated Infraction.
(d) "Nuisance Property" means any residentially zoned property with five or fewer units that generates at least a combined three (3) or more citations from police and inspections services for any Enumerated Infraction on three separate occasions within any sixty-day (60) period or any residentially zoned property with more than five units that generates at least a combined three (3) citations from one unit or five (5) citations from the entire building from police and inspection services for any Enumerated Infraction on separate occasions within any sixty-day (60) period.
(e) "Person associated with" means any person who, whenever engaged in any Enumerated Infraction, enters, patronizes, or attempts to enter, patronize, or visit, or waits to enter, patronize, or visit, a property or person present on a property, including any officer, director, customer, agent, employee, or independent contractor of a Property Owner.
(f) "Property Owner" means any person or business entity, profit or not-for-profit, owning an interest in any property within the boundaries of the City of Pittsburgh.
670.03 ENUMERATED INFRACTIONS.
An Enumerated Infraction is any of the following activities, behaviors, or conduct, whenever engaged in by the owner(s), operator(s), tenant(s), occupant(s) or person(s) associated with a their invitee(s) occurring within the boundary lines of the property, or 100 feet or less outside the boundary lines of the property, including but not limited to:
(a) Violation of Pittsburgh Code Title Ten: Building;
(b) Violation of Pittsburgh Code Section 601.04 Noise Control
(c) Violation of Pittsburgh Chapter 609: Weeds and Grass
(d) Violation of Pittsburgh Code Section 633.12 Number of Pets Permitted on City Limits; Exceptions;
(e) Under the Pennsylvania Law, anything designated a summary offense, a misdemeanor or a felony.
670.04 PROCEDURE.
(a) All Enumerated Infractions will be reported by the citing BBI Inspection Officer or Police Officer to the Director of Public Safety within seventy-two (72) hours of its occurrence. The Director of Public Safety shall notify the property owner by first-class mail to the property owner's last known address or cause to be hand-delivered a notice to the property owner's residence or usual place of business.
The notice shall be deemed to be properly delivered if sent either by first-class mail to the Property Owner's last known address or if delivered in person to the Property Owner. If the Property Owner cannot be located, the notice shall be deemed to be properly delivered if a copy of it is left at the Property Owner's usual place of abode in the presence of some competent member of the family at least seventeen (17) years of age or a competent adult currently residing there and who shall be informed of the content of the notice. If a current address cannot be located, notice shall be deemed sufficient if posted on the potential Nuisance Property, and a copy of the notice is sent via first-class mail to the last known address of the Property Owner.
(b) The Director of Public Safety is herewith charged with keeping a log of such Enumerated Infractions. The log shall be maintained for the purpose of recording Enumerated Infractions from diverse sources who would not otherwise know of other Departments' activities with the subject property.
(c) Whenever the Chief of Police, Chief of Bureau of Building Inspection and/or the Director of City Information Systems ("Authorities") determines that three (3) or more Enumerated Infractions have occurred on a property on separate days during a thirty-day (30) period, a residentially zoned property with five or fewer units has been citied for an Enumerated Infraction at least three (3) times on separate occasions within any sixty-day (60) period or a residentially zoned property with more than five units has been citied for an Enumerated Infraction at least (3) times from one unit or least five (5) times from the entire building on separate occasions within any sixty-day (60) period, the Director of Public Safety shall notify the Property Owner in writing that the property has been designated as a Nuisance Property.
(d) The notice identified in subsection (c) shall be deemed to be properly delivered if sent either by first-class mail to the Property Owner's last known address or if delivered in person to the Property Owner. If the Property Owner cannot be located, the notice shall be deemed to be properly delivered if a copy of it is left at the Property Owner's usual place of abode in the presence of some competent member of the family at least seventeen (17) years of age or a competent adult currently residing there and who shall be informed of the content of the notice. If a current address cannot be located, notice shall be deemed sufficient if posted on the potential Nuisance Property, and a copy of the notice is sent via first-class mail to the last known address of the Property Owner.
(e) The notice required by subsection (a) and (c) shall contain:
i. The street address or legal description sufficient for identification of the property;
ii. A description of the Enumerated Infraction(s) that have occurred at the property and a statement indicating that the property is declared as a Nuisance Property as a result of said Enumerated Infraction(s);
iii. Notice of the Property Owner's right to appeal pursuant to Section 6; and
iv. A statement that the Property Owner shall within ten (10) days respond to the Director of Public Safety, in writing, with either:
(a) the intent of the Property Owner to appeal the finding of the Director of Public Safety; or
(b) a proposal detailing a course of action by which Enumerated Activities will be abated at the property. The Director of Public Safety shall, within ten (10) days of receipt of said proposal, either approve or disapprove of the proposal. In the event the Director disapproves a proposal, the Property Owner may appeal pursuant to Section 670.06.
(f) Whenever the Director of Public Safety determines that an additional Enumerated Infraction has occurred at a property for which notice has been issued pursuant to subsection (c) of this Section, and either the Enumerated Infraction has occurred not less than thirteen (13) days after notice has been issued or an approved course of action under subsection 670.04(c)(iv)(b) has not been completed, the Director of Public Safety shall charge the Cost of Abatement of the Enumerated Infraction to the Property Owner pursuant to Section 670.05 for this and any subsequent Enumerated Infraction, exceptions notwithstanding.
670.05 COSTS CHARGED TO OWNER.
(a) The Director of Public Safety shall establish a Cost Schedule for each Enumerated Infraction which is to be updated yearly and filed in the office of the City Clerk.
(b) The Director of Public Safety shall impose upon the owner of a Nuisance Property the Cost of Abatement of any Enumerated Infraction consistent with Section 670.04 of this Chapter. Any cost imposed upon the Property Owner shall constitute a lien against the property.
(c) Each subsequent incident of any Enumerated Infraction shall be deemed a separate violation subject to this penalty provision.
670.06 APPEAL.
Appeal of the determination of the Director of Public Safety pursuant to either subsections 670.04(c)(iv)(a), 670.044(c)(iv)(b) or 670.04(d) may be submitted to the City of Pittsburgh Magistrates Court.
670.07 EXCEPTIONS.
(a) In the event any Property Owner, after implementation of a Section 4(c)(iv)(b) plan, demonstrates that the Authorities have not responded to an Enumerated Infraction at a Nuisance Property for at least a period of six (6) months, that property shall no longer be considered a Nuisance Property, until such time that the criteria of Section 670.04(a) are satisfied.
(b) Any citation issued to a tenant who is already in the process of being evicted, shall not count towards the number of citations necessary to e deemed a "nuisance property" if the property owner can prove that an eviction action has been commenced in a court of law and if the property owner is actively prosecuting saide eviction action against the nuisance tenant.