[Adopted 10-26-2011 by Ord. No. 1979]
This article may be cited as the "Township of Ridley Neighborhood
Blight Reclamation and Revitalization Ordinance."
A.
This article is to implement in the Township of Ridley the provisions
of the Act of October 27, 2010 (P.L. 875, No. 90), 53 Pa.C.S.A. Ch.
61, known as the "Neighborhood Blight Reclamation and Revitalization
Act."
B.
There are deteriorated properties located in the Township of Ridley
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 this municipality 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 Township of Ridley, as well as to tenants, adjoining property
owners and neighborhoods.
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.A.
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.
A business association defined as a "banking institution"
or "mortgage lender" under 7 Pa.C.S.A. 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.
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), § 1, 53 Pa.C.S.A. Ch.
23 (relating to intergovernmental cooperation).
Privileges relating to real property granted by the Township
of Ridley that are building permits issued under the authority of
the Pennsylvania Uniform Construction Code, zoning permits, special
exceptions, conditional uses and variances granted under the Township
of Ridley Zoning Ordinance[1] any certificate of use issued under the rental dwelling ordinance in Chapter 225 of the Township's General Code, as well as any other ordinance authorizing a municipal permit affecting real property for which the municipality desires to deny permits under this article. 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
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 or use,
is regarded as a public nuisance at common law or has been declared
by the Building or Code Official a public nuisance in accordance with
International Property Maintenance Code adopted by Ordinance 1947,[2] 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 a 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 Industry's
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 Township of Ridley's Property Maintenance Code
adopted by Ordinance No. 1947;[3] or a vacant building whose exterior violates Section 304
of the 2009 ICC Property Maintenance Code adopted Ordinance No. 1947,
or any successor statute, regulation or Property Maintenance Code.
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.
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;[4]
The Act of May 16, 1923 (P.L. 207, No. 153), referred to as
the Municipal Claim and Tax Lien Act;[5]
The Act of October 11, 1984 (P.L. 876, No. 171) known as the
Second Class City Treasurer's Sale and Collection Act,[6] 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. 1856.[7]
A.
Actions. In addition to any other remedy available at law or in equity,
the Township of Ridley 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:
(1)
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. As authorized by the Act, the Township of Ridley
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 Subsection A (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 Township of Ridley 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 and general partners and limited partners who
provide management services to the real property, 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 § 92-17, 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.
(c)
The applications shall also include a provision requiring the
owner to disclose real properties owned by the owner both inside of
the Township of Ridley as well as in all other municipalities of the
commonwealth 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 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
and 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.
B.
Municipal permit denials and appeals.
(1)
Permit denial.
(a)
The Building Official, Housing Inspector, or the Zoning Hearing Board under Subsection B(1)(f), may 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 refuse 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 Official, Housing Inspector or the Zoning Hearing
Board 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 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 refuse 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 Official,
Housing Inspector or Zoning Board 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 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 a form
specified by such entity as provided in the Act. The denial shall
be delivered by U.S. certified, registered, or express mail, return
receipt requested (and such receipt is obtained or delivery refused);
personal service in 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 refused).
(e)
The information on the real property forming the basis for a municipal permit denial may be obtained by the Building Official, Housing Inspector or other employee or agent of the Township of Ridley from the information disclosed by the owner in accordance with § 92-19A 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 Official, Housing Inspector or Zoning Hearing Board using the services of the Zoning Administrator or other municipal staff or contracted service provider may conduct a search using the sources described in this Subsection B(1)(e).
(f)
Zoning Hearing Board.
[1]
Municipal permits may be denied by a board in accordance with
the requirements of this section to the extent that approval of the
municipal permit is within the jurisdiction of the board. For purposes
of this section, "board" shall mean the Zoning Hearing Board of the
Township of Ridley granted jurisdiction to render decisions in accordance
with the Act of July 31, 1968 (P.L. 805, No. 247), known as the Pennsylvania
Municipalities Planning Code.[2]
[2]
Editor's Note: See 53 P.S. § 10101 et seq.
[2]
In any proceeding before a board other than the Board of Commissioners
of the Township of Ridley, the Township may appear to present evidence
that the applicant is subject to a denial by the Board in accordance
with this section.
(2)
Applicability of other law. A denial of a municipal permit shall be subject to the provisions of 2 Pa.C.S.A. Ch. 5, Subch. B (relating to practice and procedure of local agencies) and Ch. 7, Subch. B (relating to judicial review of local agency action) or the Pennsylvania Municipalities Planning Code,[3] for denials subject to the act.
(a)
The Building Official, Housing Inspector or Zoning Hearing Board shall review the disclosure form and the searches, if any, in accordance with Subsection B(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 B.
(b)
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 Official or Housing Inspector, the appeal shall be made with 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 Subsection B(3), 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 Subsection B(3) has expired. In case of a denial by the Township Zoning Hearing Board, the appeal shall be to the Court of Common Pleas.
[1]
With respect to a denial under the grounds authorized by the
Act, the denial may only be reversed for the following reasons:
[b]
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 Official or Housing Inspector.
[c]
Evidence of an approved remedial plan to address a serious violation
set forth on the denial.
[d]
Evidence of a timely appeal or administrative contest of a tax,
water, sewer, or refuse collection delinquency.
[e]
A failure of a state agency, school district or municipality
to issue a proof of compliance within 45 days of a request.
[f]
A failure of a state agency or municipality to provide the relief
required under Section 6144 of the Act to an heir or devisee.
[g]
Any other verifiable evidence that establishes by a perponderance
of the evidence that a serious violation or collection delinquency
of tax, water, sewer, or refuse accounts does not exist.
[2]
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.
[3]
The owner shall be informed of the right, time and place to
make an appeal.
[3]
Editor's Note: See 53 P.S. § 10101 et seq.
(3)
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 in question has no final and unappealable tax,
water, sewer or refuse 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 a code. Acceptance of the plan
may be contingent on:
[a]
Beginning the remediation plan within no fewer than 30 days
following acceptance of the plan or sooner, if mutually agreeable
to both the property owner and the municipality.
[b]
Completing the remediation plan within no fewer than 90 days
following commencement 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, refuse, 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 a copy of the request has been delivered to the municipality where the municipal permit has been applied for in accordance with Subsection B(3)(d)]. The appropriate state agency, municipality or school district shall specify the form in which the request for a compliance letter shall be made.
(c)
Letters required under this section shall be verified by the
appropriate municipal officials before issuing to the applicant a
municipal permit.
(d)
An owner seeking to obtain a 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 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 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 § 6131(b)(1)(iii) of the Act and § 92-19B(3)(a)[3] (relating to municipal permit denial) with the Township of Ridley 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.
