[HISTORY: Adopted by the Borough Council of the Borough of
Upland 3-13-2012 by Ord. No. 3-2012. Amendments noted where applicable.]
This chapter may be cited as the "Borough of Upland Neighborhood
Blight Reclamation and Revitalization Ordinance."
A.
This chapter is to implement in the Borough of Upland, Delaware County, Pennsylvania, the provisions of the Act of October 27, 2010 (P.L. 875, No. 90), 53 Pa. C.S.A. Chapter 61, known as the "Neighborhood Blight Reclamation and Revitalization Act."
B.
There are deteriorated properties located in the Borough of Upland
as a result of neglect by their owners in violation of applicable
state and municipal codes; and
C.
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
D.
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 the Borough of Upland 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 Upland, as well as to tenants, adjoining property
owners and neighborhoods.
The following terms and phrases, when used in this chapter,
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.A. Chapter 61, known as the "Neighborhood Blight Reclamation and Revitalization Act."
Any of the following:
Premises which, because of physical condition or use, have been
declared by a court of competent jurisdiction as a public nuisance
at common law or have been declared a public nuisance in accordance
with the local housing, building, plumbing, fire and related codes
and ordinances, including nuisance and dangerous building ordinances.
Premises which, because of physical condition, use or occupancy,
are considered an attractive nuisance to children, including but not
limited to abandoned wells, shafts, basements, excavations and unsafe
fences or structures.
A dwelling which, because it is dilapidated, unsanitary, unsafe,
vermin-infested or lacking in the facilities and equipment required
under the Housing Code of the Borough of Upland, has been designated
by the Building Code Official or the Borough Engineer as unfit for
human habitation.
A structure which is a fire hazard or is otherwise dangerous
to the safety of persons or property.
A structure from which the utilities, plumbing, heating, water,
sewage or other facilities have been disconnected, destroyed, removed
or rendered ineffective so that the property is unfit for its intended
use.
A vacant or unimproved lot or parcel of ground in a predominately
built-up neighborhood which, by reason of neglect or lack of maintenance,
has become a place for accumulation of trash and debris or a haven
for rodents or other vermin.
An unoccupied property which has been tax-delinquent for a period
of two years.
A property which is vacant but not tax-delinquent and which
has not been rehabilitated within one year of the receipt of notice
to rehabilitate from the appropriate code enforcement officials of
the Borough of Upland.
The Borough of Upland, Delaware County, Pennsylvania.
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 the Borough of Upland. The
term does not include a subdivision and land use ordinance or a zoning
ordinance enacted by the Borough of Upland.
The Court of Common Pleas of Delaware County.
A business association defined as a "banking institution" or "mortgage lender" under 7 Pa. C.S.A. Chapter 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 transactions that created a security interest in the real property.
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
December 19, 1996 (P.L. 1158, No. 177), Section 1, 53 Pa.C.S.A. Chapter
23 (relating to intergovernmental cooperation).
Privileges relating to real property granted by the Borough of Upland that are building permits issued by the Borough of Upland as per Chapter 60 of the Upland Borough Code, and the State of Pennsylvania Uniform Construction Code as adopted and amended, zoning permits, special exceptions, conditional uses and variances granted under the Borough of Upland's Zoning Code as per Chapter 185 of the Upland Borough Code, as amended. 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 holder of the title to residential, commercial or industrial
real estate, other than a mortgage lender, who possesses and controls
real estate. The term includes but is not limited to heirs, assigns,
beneficiaries and lessees, provided that 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 or use, is regarded as a public nuisance at common law or has been declared by the Borough of Upland Building Code Official (BCO) a public nuisance in accordance with the International Property Maintenance Code as per Chapter 143 of the Upland Borough Code, 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 applicable municipal codes
that would pose an imminent threat to the health and safety of a dwelling
occupant, occupants in surrounding structures or a passerby.
A statute of the Commonwealth of Pennsylvania or a regulation
of an agency charged with the administration and enforcement of commonwealth
law.
An affirmative action, as determined by the Borough Building
Code 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.
Tax-delinquent real property as defined under:
The Act of July 7, 1947 (P.L. 1368, No. 542), known as the Real
Estate Tax Sale Law;"[1]
The Act of May 16, 1923 (P.L. 207, No. 153), referred to as
the "Municipal Claim and Tax Lien Act;"[2] or
The Act of October 11, 1984 (P.L. 876, No. 171), known as the
"Second Class City Treasurer's Sale and Collection Act,"[3] located in any municipality in this commonwealth; or
Any successor law to any of the above statutes.
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. 10 of 2004.[4]
A.
Actions.
(1)
In addition to any other remedy available at law or in equity, the
Borough 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)
An in personam 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.
(b)
As authorized by the Act, the Borough 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.
(2)
A proceeding in equity.
B.
Asset attachment.
(1)
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 § 53-4A (relating to actions).
(2)
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.
C.
Reservation of rights and remedies under law other than the Act.
The Borough 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 prevention 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 in 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.
Permit application form.
(1)
In addition to the requirements set forth in the governing ordinance, regulations or rules for the specific municipal permit being applied for under the ordinances referenced in the definition of "municipal permit" in § 53-3, all applications for a municipal permit shall include:
(a)
If the owner is an individual, the home address of the owner.
(b)
If the owner is an entity, its registered office and principal
place of business, type of entity, in what state it was formed, and
whether the entity has qualified to do business as a foreign entity
in Pennsylvania by filing with the Corporation Bureau of the Pennsylvania
Department of State under Title 15 of the Pennsylvania Consolidated
Statutes. (The home address of at least one responsible officer, member,
trustee, or partner shall also be included.)
(c)
The applications shall also include a provision requiring the
owner to disclose real properties owned by the owner both inside of
the Borough as well as in all other municipalities of the commonwealth:
[1]
In which there is a serious violation of state law or a code
and the owner has taken no substantial steps to correct the violation
within six months following the notification of the violation; and
[2]
For which fines or other 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; and
[3]
Real property owned in the commonwealth by the owner for which
there is a final and unappealable tax, water, sewer or refuse collection
delinquency on account of the actions of the owner. This provision
shall require the owner to disclose the street address, tax parcel
number, municipality, and county of each such real property. The provision
shall require the disclosure be under penalty as provided in 18 Pa.C.S.A.
§ 4904(a) for an unsworn falsification to a government officer
or employee (public servant) performing official functions.
(2)
All applicants for a municipal permit shall accurately complete the
permit applicant disclosure form as from time to time adopted by resolution
of the Upland Borough Council, subject to a penalty as described in
18 Pa.C.S.A. § 4904.
B.
Municipal permit denials and appeals.
(1)
Permit denial.
(a)
The Building Code Official (BCO), under § 53-5B(1), shall deny issuing to an applicant a municipal permit if the applicant owns real property in any municipality for which there exists on the real property:
[1]
A final and unappealable tax, water, sewer or trash collection
delinquency on account of the actions of the owner; or
[2]
A serious violation of state law or a code and the owner has
taken no substantial steps to correct the violation within six months
following notification of the violation and for which fines or other
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. However, no denial shall be
permitted on the basis of a property for which the judgment, order
or decree is subject to a stay or supersedeas by an order of a court
of competent jurisdiction or automatically allowed by statute or rule
of court until the stay or supersedeas is lifted by the court or a
higher court or the stay or supersedeas expires as otherwise provided
by law. Where a stay or supersedeas is in effect, the property owner
shall so advise the municipality seeking to deny a municipal permit.
(b)
The Building Code Official (BCO) shall not deny a municipal
permit to an applicant if the municipal permit is necessary to correct
a violation of state law or a code, provided that all other conditions
for the issuance of a municipal permit have been met.
(c)
The municipal permit denial shall not apply to an applicant's
delinquency on taxes, water, sewer or trash collection charges that
are under appeal or otherwise contested through a court or administrative
process.
(d)
In issuing a denial of a municipal permit based on an applicant's
delinquency in real property taxes or municipal charges or for failure
to abate a serious violation of state law or a code on real property
that the applicant owns in this commonwealth, the Building Code Official
(BCO) shall issue the denial in writing and indicate the street address,
municipal corporation and county in which the property is located
and the court and docket number for each parcel cited as a basis for
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, as provided
in the Act. The denial shall be delivered by United States certified,
registered, or express mail, return receipt requested, and such receipt
is obtained or delivery is refused; personal service in a manner provided
by the Pennsylvania Rules of Court for Civil Procedure for original
process; hand delivery by a member of the codes enforcement staff;
or a private delivery service that provides for a receipt, and such
receipt is obtained or delivery is refused.
(e)
The information on the real property forming the basis for a municipal permit denial may be obtained by the Building Code Official (BCO) or other employee or agent of the Borough of Upland from the information disclosed by the owner in accordance with § 53-5A or any other reliable information obtained through a search of records using governmental systems online or through direct contact with the office maintaining the systems, such as the court docket systems maintained by the Administrative Office of the Pennsylvania Courts, County/City Department of Records, offices of the Recorder of Deeds, Municipal and County Tax Collectors and Treasurers, County Tax Claim Bureaus, Prothonotary and Clerk of Court, private online fee-based search services, and free searches on the internet. Prior to making a determination on whether to deny a municipal permit, the Building Code Official (BCO) using the services of the municipal staff or contracted service provider may conduct a search using the sources described in this § 53-5B(1)(e).
(2)
Applicability of other law. A denial of a municipal permit shall be subject to the provisions of 2 Pa.C.S.A. Chapter 5, Subchapter B (relating to practice and procedure of local agencies), and 2 Pa.C.S.A. Chapter 7, Subchapter B (relating to judicial review of local agency), or the Pennsylvania Municipalities Planning Code (MPC),[1] for details subject to the Act,
(a)
The Building Code Official (BCO) shall review the disclosure form and the searches, if any, in accordance with § 53-5B(1)(e) prior to any plan or construction reviews or inspections to determine if such a review or inspection is unnecessary due to a municipal permit being denied under this subsection.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
(3)
Right of appeal. The owner shall have a right to appeal the denial of a municipal permit in accordance with the applicable law governing such municipal permit. In the case of a denial by the Building Code Official (BCO), the appeal shall be made within 30 days of the denial to the Board of Appeals established under the Uniform Construction Code, unless the owner has submitted to the Board of Appeals proof before the expiration of the 30 days that the owner is seeking proof of compliance under § 53-5B(2), in which case the municipal permit and the denial shall be held in abeyance until the forty-five-day period for obtaining proof of compliance under § 53-5B(2) has expired.
(a)
With respect to a denial under the grounds authorized by the
Act, the denial may only be reversed for the following reasons:
[2]
Evidence of substantial steps taken to remedy a serious violation
set forth on the denial confirmed by an order of the court or the
Building Code Official (BCO).
[3]
Evidence of an approved remedial plan to address a serious violation
set forth on the denial.
[4]
Evidence of a timely appeal or administrative contest of a tax,
water, sewer, or trash collection delinquency.
[5]
A failure of a state agency, school district or municipality
to issue a proof of compliance within 45 days of a request.
[6]
A failure of a state agency or municipality to provide the relief
required under Section 6144 of the Act to an heir or devisee.
[7]
Any other verifiable evidence that establishes by a preponderance
of the evidence that a serious violation or a collection delinquency
of tax, water, sewer, or trash accounts does not exist.
(b)
With respect to denials for reasons other than those authorized
by the Act, the provisions of the Uniform Construction Code or applicable
zoning law shall govern.
(4)
Proof of compliance.
(a)
All municipal permits denied in accordance with this subsection
shall be withheld until an applicant obtains a letter from the appropriate
state agency, municipality or school district indicating the following:
[1]
The property has no final and unappealable tax, water, sewer
or trash delinquencies;
[2]
The property in question is now in state law and code compliance;
or
[3]
The owner of the property has presented and the appropriate
state agency or municipality has accepted a plan to begin remediation
of a serious violation of state law or code. Acceptance of the plan
may be contingent on:
[a]
Beginning the remediation plan within no more than 30 days following
the acceptance of the plan, or sooner, if mutually agreeable to both
the property owner and the municipality.
[b]
Completing the remediation plan work/activities within 90 days
following the commencement date of the plan, or sooner, if mutually
agreeable to both the property owner and the municipality.
(b)
In the event that the appropriate state agency, municipality or school district fails to issue a letter indicating tax, water, sewer, trash, state law or code compliance or noncompliance, as the case may be, within 45 days of the request, the property in question shall be deemed to be in compliance for the purpose of this section [provided that a copy of the request for such letter has been delivered to the municipality where the municipal permit has been applied for in accordance with § 53-5A(2)].
(c)
Letters required under this section shall be verified by the
appropriate municipal officials before issuing a municipal permit
to the applicant.
(d)
An owner seeking to obtain proof of compliance in order to obtain
a municipal permit that would otherwise be denied shall submit a copy
of the owner's request for proof of compliance within five days
of the date that the request is sent to the appropriate state agency,
municipality or school district, to the municipality from which a
municipal permit is sought or submit the copy of the request with
the application for the municipal permit if such application is made
at a later date.
A.
Conflict with other law. In the event of a conflict between the requirements
of this chapter 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 registered
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 § 53-5B(4)(a)[3] with the Borough of Upland to avoid subjecting the devisee's or heir's other properties to asset attachment or denial of permits and approvals on other properties owned by the devisee or heir.
All ordinances or parts of ordinances, chapters or parts of
chapters in conflict herewith be and are hereby repealed, except that
any ordinances or parts of ordinances, chapters or parts of chapters
that authorize greater remedies than this chapter are preserved.
If any section, subsection, subdivision, paragraph, sentence,
clause or phrase of this chapter is, for any reason, held to be unconstitutional
or invalid, such a decision shall not affect the validity of the remaining
portions of this chapter. The Borough Council hereby declares that
it would have passed each section, subsection, subdivision, paragraph,
sentence, clause or phrase of this chapter irrespective of the unconstitutionality
or invalidity of any section, subsection, subdivision, paragraph sentence,
clause or phrase.
This chapter shall take effect 60 days following its adoption.
