[Adopted 4-19-2012 by Ord. No. 888]
The Borough Council finds it to be in the best interests of
the residents of the Borough of Sayre, Bradford County, Pennsylvania,
to provide for certain protections and safeguards in order to address
deteriorated properties, public nuisances and properties in serious
violation of state law or municipal codes. Such protections and safeguards
include denial of permits, and actions at law and in equity in order
to address deteriorated properties which have an impact upon crime,
the quality of life of our residents and require expenditures of public
funds in order to abate and correct nuisances, violations and delinquent
municipal services accounts.
For the purpose of this chapter, the following terms shall have
the meanings indicated:
The Borough of Sayre, Bradford County, Pennsylvania.
A building, housing, property maintenance, fire, health or other public safety ordinance enacted or adopted by the Borough, including those ordinances, regulations and resolutions which establish and assess fees for municipal services and privileges such as sewer, water, refuse collection and parking/parking arrangements. For purposes of this Article III, the term does not include a subdivision and land development ordinance or a zoning ordinance enacted by the Borough.
A residential, commercial, or industrial building or structure
and the land appurtenant to it.
Privileges related to real property granted by a municipality
such as the Borough, including, but not limited to, building permits,
parking permits, occupancy permits, and special exceptions or variances
from zoning ordinances. The term includes approvals pursuant to land
use ordinances other than decisions on the substantive validity of
a zoning ordinance or map or the acceptance of a curative amendment.
Services provided at a cost by the Borough or other municipal
entity, sanitary sewer service, refuse collection and parking allotments/facilities,
which benefit individual properties and also serve to benefit the
overall welfare, safety and health of all residents of the Borough.
A holder of 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.
Property which, because of its physical condition or use,
is regarded as a public nuisance at common law or has been declared
by the appropriate Borough official a public nuisance in accordance
with the Code of the Borough of Sayre, as amended.
A violation of a state law or Borough code (as both terms
are defined herein) or other applicable code that poses an imminent
threat to the health and safety of the dwelling occupant, occupants
in surrounding structures or passerby. Property found to be a public
nuisance is also considered to be a serious violation.
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 the Borough Code Officer
or a Borough official or officer of the court on the part of the property
owner or managing agent to remedy a serious violation of state law
or Borough code, including, but not limited to, physical improvements
or repairs to the property.
In addition to any other remedy available at law, including
those remedies available under the Neighborhood Blight Reclamation
and Revitalization Act (Act 90 of 2010),[1] remedies available in equity or other remedies as provided
for in the Code of the Borough of Sayre, the Borough may institute
the following actions against the owner of any property that is in
serious violation of a Borough Code or for failure to correct a condition
which causes the property to be regarded as a public nuisance:
A.
An in personam action may be initiated for a continuing violation
for which the owner takes no substantial step to correct within the
six months following receipt of an order by the Borough to correct
the violation, unless the order is subject to a pending appeal before
an administrative agency or court. Notwithstanding any law limiting
the form of action for the recovery of penalties by a municipality
for the violation of a Borough code, the Borough may recover, in a
single action under this section, an amount equal to the penalties
imposed against the owner and any costs of remediation lawfully incurred
by, or on behalf of, the Borough to remedy any code violation.
B.
A proceeding in equity.
C.
A lien may be placed against the assets of an owner of real property
that is in serious violation of Borough 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 either an in personam action or a proceeding in equity as set
forth above. In the case of an owner that is an association or trust,
this does not authorize a lien to be placed upon the individual assets
of the general partner, trustee, limited partner, shareholder, member
or beneficiary of the association or trust except as otherwise allowed
by law.
[1]
Editor's Note: See 53 Pa.C.S.A. § 6101 et seq.
A.
A person who lives or has a principal place of residence outside this commonwealth, who owns property in this commonwealth against which Borough code or other applicable code violations have been cited and the person is charged under 18 Pa.C.S. (relating to crimes and offenses), and who has been properly notified of the violations may be extradited to this commonwealth to face criminal prosecution to the full extent allowed and in the manner authorized by 42 Pa.C.S. Ch. 91 (relating to detainers and extradition).
B.
Where, after reasonable efforts, service of process for a notice
or citation for any Borough code or other applicable code violations
for any real property owned by an association or trust cannot be accomplished
by handing a copy of the notice or citation to an executive officer,
partner, or trustee of the association or trust or to the manager,
trustee or clerk in charge of the property, the delivery of the notice
or citation may occur by registered, certified or United States express
mail, accompanied by a delivery confirmation:
(1)
To the registered office of the association or trust.
(2)
Where the association or trust does not have a registered office,
to the mailing address used for real estate tax collection purposes,
if accompanied by the posting of the conspicuous notice on the property
and by handing a copy of the notice or citation to the person in charge
of the property at that time.
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 action
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 supersedes 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 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.
The appropriate state agency, municipality or school district shall
specify the form in which the request for a compliance letter shall
be made. Such letters shall be verified by the appropriate municipal
officials before issuing to the applicant a municipal permit.
F.
Boards, including the Borough Zoning Hearing 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 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.
H.
A municipal permit may only be denied to an applicant other than
an owner if the applicant is acting under the direction or with the
permission of the owner and that owner owns real property that is
subject to denial as set forth hereinabove.
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 agreement
with the Borough to avoid subjecting the devisee's or heir's
other properties to asset attachment or denial of municipal permits
and approvals on other properties owned by the devisee or heir. Such
opportunity shall be given at the Borough's discretion and subject
to the revocation upon the devisee or heir's failure to proceed
with a payment plan, or to progress forward and complete a remediation
plan.
