[HISTORY: Adopted by the Borough Council
of the Borough of Yeadon as indicated in article histories. Amendments
noted where applicable.]
[Adopted 12-7-1995 by Ord. No. 1245 as Ch. 1464 of the 1995
Code]
Whenever the Code Enforcement Officer, upon
information or inspection, determines that the construction, alteration,
repair, lack of repair, use, occupancy, care or maintenance of any
premises, land, building or structure, or any part thereof, constitutes
a nuisance in fact, a menace to health or a threat to public safety,
such Code Enforcement Officer shall notify, in writing, the owner
or occupier of such premises, land, building or structures, or any
part thereof, of his or her determination. If such notice cannot be
given, then a copy of such notice shall be posted on the premises.
At the time of the notification of determination, as provided in § 203-1, or at some later time, the Code Enforcement Officer may also deliver or have delivered a written order of abatement directed to the owner or occupier, as provided in § 203-1, requiring an abatement of the condition described within 10 days or, if the Code Enforcement Officer determines, at his or her discretion, that the condition described will require major repair or construction, then the order of abatement may require an abatement of the condition described within a period not to exceed 30 days. If the Code Enforcement Officer determines that the condition described constitutes an emergency, then the order of abatement may require abatement within a period of less than 10 days. Such order of abatement may provide for removal, replacement, repair, construction, installation or any other relief deemed appropriate by the Code Enforcement Officer. No person shall fail to comply with such an order of abatement within the period stipulated.
If an order of abatement, as provided in § 203-2, is not obeyed within the time specified therein, the Code Enforcement Officer may direct or engage the appropriate Borough employees or other persons to remove, correct or abate the condition described, and the expense therefor shall be recoverable from the owner of the premises, land, building or structure involved, together with a penalty of 10% of such expense, in a manner provided by law for the collection of municipal claims. In addition, the offender shall be subject to the penalty provided in § 203-6.
The Code Enforcement Officer, and his or her
duly constituted agents, are hereby authorized and directed to make
inspections of the condition of premises, land, buildings and structures,
or parts thereof, located in the Borough to determine whether a nuisance
in fact, a menace to health or a threat to public safety exists therein
or thereon, and to take such action as is authorized by this article.
Upon display of proper identification to the owner or occupier, where
practical, the Code Enforcement Officer is authorized to enter, examine
and survey such premises, land, buildings or structures, or parts
thereof, on weekdays between 9:00 a.m. and 4:00 p.m., or at such other
time as may be necessary in an emergency, or at such other time as
may be mutually agreed upon by the owner or occupant and the Health
Director, Code Enforcement Officer, or his or her duly constituted
agents.
Whenever any of the following conditions are
brought to the attention of the Code Enforcement Officer, he or she
shall, as and when he or she sees fit, proceed to determine whether
or not the order of abatement provided for in this article shall be
made. The following conditions are not meant to be all-inclusive,
and other conditions, although not listed herein, may require the
Code Enforcement Officer to proceed as hereinbefore set forth:
A.
Noxious or offensive manufacture, art or business;
B.
Dangerous buildings or structures;
C.
Buildings damaged by reason of fire or other cause;
D.
Improper or unsafe construction, repair or alteration;
E.
Discharge or draining of harmful oils or fluids on
lands or into streams;
F.
Improper accumulation of debris, refuse, trash, garbage
or manure;
G.
Improper sanitation facilities, dumps or cesspools;
H.
Dumping, storage or accumulation of junk;
I.
Dangerous excavations, holes or pits;
J.
Dangerous accumulations of water or other liquids;
K.
Accumulations of stormwater or other water or liquids
which become stagnant and/or a breeding place of mosquitoes and vermin;
and
L.
A block or section of curb, sidewalk, driveway, alleyway
or the like that is cracked, disintegrated or otherwise in disrepair
so as to cause a dangerous condition.
Whoever violates any of the provisions of this
article shall, in addition to any equitable remedy provided for in
this article, be fined not less than $100 nor more than $1,000 or
imprisoned not more than 30 days, or both, for each offense. A separate
offense shall be deemed committed every day during or on which a violation
occurs.
[Adopted 6-16-2016 by Ord. No. 1372]
This article may be cited as the "Borough of Yeadon Neighborhood
Blight Reclamation and Revitalization Ordinance."
This article is to implement in the Borough of Yeadon certain
provisions of the Neighborhood Blight Reclamation and Revitalization
Act.[1]
A.
Whereas, there are deteriorated properties located in the Borough
of Yeadon as a result of neglect by their owners in violation of applicable
state and municipal codes;
B.
Whereas, these deteriorated properties create public nuisances which
have an impact on crime and the quality of life of our residents and
require significant expenditures of public funds in order to abate
and correct the nuisances; and
C.
Whereas, in order to address these situations, it is appropriate
to deny certain governmental permits and approvals in order:
(1)
To prohibit property owners from further extending their financial
commitments so as to render themselves unable to abate or correct
the code, statutory and regulatory violations or tax delinquencies.
(2)
To reduce the likelihood that this municipal and other municipalities
will have to address the owners' neglect and resulting deteriorated
properties.
(3)
To sanction the owners for not adhering to their legal obligations
to the Borough of Yeadon, as well as to tenants, adjoining property
owners and neighborhoods.
[1]
Editor's Note: See 53 Pa.C.S.A. § 6101 et seq.
The following words and phrases when used in this article shall
have the meanings given to them in this section unless the context
clearly indicates otherwise:
The act of October 27, 2010 (P.L. 875, No. 90), 53 Pa.C.S. Ch. 61, known as the "Neighborhood Blight Reclamation and Revitalization Act."
A residential, commercial or industrial building or structure
and the land appurtenant to it.
A building, housing, property maintenance, fire, health or
other public safety ordinance enacted by a municipality. The term
does not include a subdivision and land development ordinance or a
zoning ordinance enacted by a municipality.
The Court of Common Pleas of Delaware County of the Commonwealth
of Pennsylvania.
A business association defined as a "banking institution" or "mortgage lender" under 7 Pa.C.S. Ch. 61 (relating to mortgage loan industry licensing and consumer protection) that is in possession of or holds title to real property pursuant to, in enforcement of or to protect rights arising under a mortgage, mortgage note, deed of trust or other transaction that created a security interest in the real property.
Privileges relating to real property granted by the Yeadon Borough that are building permits, zoning permits, special exceptions, conditional uses and variances granted under Chapter 300, Zoning, and the Rental License Ordinance.[1] The term does not include decisions on the substantive
validity of a zoning ordinance or map such a validity variance or
the acceptance of a curative amendment.
A city, borough, incorporated town, township or home rule, optional plan or optional charter municipality or municipal authority in this commonwealth and any entity formed pursuant to the act of Dec. 19, 1996 (P.L. 1158, No. 177), 53 Pa.C.S. Ch. 23 (relating to intergovernmental cooperation).
A holder of the title to residential, commercial or industrial
real estate, other than a mortgage lender, who possesses and controls
the real estate. The term includes, but is not limited to, heirs,
assigns, beneficiaries and lessees, provided this ownership interest
is a matter of public record, including lessees under leases for which
a memorandum of lease is recorded in accordance with the act of June
2, 1959 [P.L. 254 (vol. 1), No. 86], 21 P.S. § 405.
Property which, because of its physical condition of use,
is regarded as a public nuisance at common law or has been declared
by the Code Department of Yeadon Borough a public nuisance in accordance
with the Yeadon public nuisance ordinances, or by the court.
A plan for the correction of violations of state law or code
that is part of an agreement between the owner and the municipality
in which the real property containing the violations is located.
A violation of a state law or code that poses an imminent
threat to the health and safety of a dwelling occupant, occupants
in surrounding structures or a passerby, that is a building ordered
vacated in accordance with the Department of Labor and Industries
Regulations, 34 Pa. Code § 403.84, as amended, implementing
the Uniform Construction Code, the Act of November 10, 1999 (P.L.
491, No. 45), as amended, 35 P.S. §§ 7210.101 to 7210.1103;
a building placarded as unfit for human habitation so as to prevent
its use under the Borough of Yeadon Public Nuisance Ordinance.
A statute of the commonwealth or a regulation of an agency
charged with the administration and enforcement of commonwealth law.
An affirmative action as determined by a property codes official
or officer of the court on the part of a property owner or managing
agent to remedy a serious violation of a state law or municipal code,
including, but not limited to, physical improvements or repairs to
the property, which affirmative action is subject to appeal in accordance
with applicable law.
As defined under:
The act of November 10, 1999 (P.L. 491, No. 45), as amended,
35 P.S. §§ 7210.101 to 7210.1103, as implemented by
Ordinance No. 1304.[6]
In addition to any other remedy available at law or in equity,
the Borough of Yeadon may institute the following actions against
the owner of any real property that is in serious violation of a code
or for failure to correct a condition which causes the property to
be regarded as a public nuisance:
A.
In-person action.
(1)
An in-person action may be initiated for a continuing violation for
which the owner takes no substantial step to correct within six months
following receipt of an order to correct the violation, unless the
order is subject to a pending appeal before the administrative agency
or court.
(2)
As authorized by the Act, the Borough of Yeadon reserves the right
to recover in a single action under this section, an amount equal
to any penalties imposed against the owner and any costs of remediation
lawfully incurred by or on behalf of the municipality to remedy any
code violation.
B.
A proceeding in equity.
(1)
Asset attachment.
(a)
General rule. A lien may be placed against the assets of an owner of real property that is in serious violation of a code or is regarded as a public nuisance after a judgment, decree or order is entered by a court of competent jurisdiction against the owner of the property for an adjudication under § 203-10A (relating to actions).
(b)
Limitations under the Act. In proceedings under the Act, except
as otherwise allowed by law, where the owner is an association or
trust no lien shall be imposed upon the individual assets of any limited
partner, shareholder, member or beneficiary of the owner.
(2)
Reservation of rights and remedies under law other than the Act.
The Borough of Yeadon reserves all rights and remedies existing under
statutes other than the Act, its ordinances implementing them, and
applicable case law to obtain recovery for the costs of preventing
and abatement of code violations and public nuisances to the fullest
extent allowed by law from mortgage lenders; trustees' and members
of liability companies, limited partners who provide property management
services to the real property as well as general partners of owners;
and officers, agents, and operators that are in control of a property
as an owner or otherwise hold them personally responsible for code
violations as well as owners themselves. Such owners, mortgage lenders,
partners, members of limited liability companies, trustees, officers,
agents and operators in control of a real property with code violations
shall be subject to all actions at law and equity to the full extent
authorized by such statutes, ordinances and applicable case law. Such
action may be joined in one lawsuit against responsible parties with
an action brought under the act.
A.
The Borough or a Board may deny issuing to an applicant a municipal
permit if the applicant owns real property in any municipality in
this commonwealth for which there exists on the real property:
(1)
Tax and/or municipal services delinquencies on account of the actions
of the owner; or
(2)
A serious violation and the owner has taken no substantial step to
correct the serious violation within six months following notification
of the violation and for which fines, penalties or a judgment to abate
or correct were imposed by a Magisterial District Judge or municipal
court or a judgment at law or in equity was imposed by a court of
common pleas. No denial shall be permitted if a judgment is subject
to a stay or superseded by order of court, or if the municipal permit
is necessary to correct a violation of state law or Borough code.
B.
The municipal permit denial as above described shall not apply to
an applicant's delinquency on taxes and/or municipal services
charges that are under appeal or otherwise contested through a court
or administrative process.
C.
In issuing a denial of a municipal permit, the Borough or the Board
shall indicate the street address, the municipality and county in
which the property is located and the court and docket number for
each parcel cited as a basis for the denial. The denial shall also
state that the applicant may request a letter of compliance from the
appropriate state agency, municipality or school district in the form
specified by such entity.
D.
All municipal permits denied in accordance with this section may
be withheld by the Borough until an applicant obtains a letter of
compliance from the appropriate state agency, municipality or school
district indicating the following:
(1)
The property in question has no tax or municipal services delinquencies;
(2)
The property in question is now in compliance with state law, Borough
code or other applicable codes; or
(3)
The owner of the property has presented and the appropriate entity
has accepted a plan to begin remediation of a serious violation of
state law, Borough code or other applicable codes.
E.
If a letter of compliance or a letter of noncompliance, as the case
may be, is not issued within 45 days of the request, the property
shall be deemed to be in compliance for the purposes of this section.
F.
Boards, including the Zoning Board, may deny approval of municipal
permits, which includes special exception approval and variance relief,
if warranted as set forth above to the extent that approval of such
a municipal permit is within the jurisdiction of the Board.
G.
The Borough may appear to present evidence that the applicant is
subject to denial by a board in accordance with this section.
A.
Conflict with other law. In the event of a conflict between the requirements
of this article and federal requirements applicable to demolition,
disposition or redevelopment of buildings, structures or land owned
by or held in trust for the government of the United States and regulated
pursuant to the United States Housing Act of 1937 (50 Stat. 888, 42
U.S.C. § 1437 et seq.) and the regulations promulgated thereunder,
the federal requirements shall prevail.
B.
Relief for inherited property. Where property is inherited by will
or intestacy, the devisee or heir shall be given the opportunity to
make payments on reasonable terms to correct code violations or to
enter into a remediation plan in accordance with Section 6131(b)(1)(iii)
of the Act and Subsection 5.b(2)(a)(iii) (relating to municipal permit
denial) with Yeadon Borough to avoid subjecting the device's
or heir's other properties to asset attachment or denial of permits
and approvals on other properties owned by the devisee or heir.
