This chapter may be cited as the "Borough of Upland Neighborhood
Blight Reclamation and Revitalization Ordinance."
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:
ACT
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."
BLIGHTED PROPERTY
Any of the following:
A.
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.
B.
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.
C.
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.
D.
A structure which is a fire hazard or is otherwise dangerous
to the safety of persons or property.
E.
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.
F.
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.
G.
An unoccupied property which has been tax-delinquent for a period
of two years.
H.
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.
BOROUGH
The Borough of Upland, Delaware County, Pennsylvania.
BUILDING
A residential, commercial or industrial building or structure
and the land appurtenant to it.
CODE
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.
COURT
The Court of Common Pleas of Delaware County.
MORTGAGE LENDER
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.
MUNICIPALITY
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).
MUNICIPAL PERMITS
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.
OWNER
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.
PUBLIC NUISANCE
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.
REMEDIATION PLAN
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.
SERIOUS VIOLATION
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.
STATE LAW
A statute of the Commonwealth of Pennsylvania or a regulation
of an agency charged with the administration and enforcement of commonwealth
law.
SUBSTANTIAL STEP
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 PROPERTY
Tax-delinquent real property as defined under:
A.
The Act of July 7, 1947 (P.L. 1368, No. 542), known as the Real
Estate Tax Sale Law;"
B.
The Act of May 16, 1923 (P.L. 207, No. 153), referred to as
the "Municipal Claim and Tax Lien Act;" or
C.
The Act of October 11, 1984 (P.L. 876, No. 171), known as the
"Second Class City Treasurer's Sale and Collection Act," located in any municipality in this commonwealth; or
D.
Any successor law to any of the above statutes.
UNIFORM CONSTRUCTION CODE
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.
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.