[HISTORY: Adopted by the Borough Council of the Borough of
Mount Oliver 5-21-2012 by Ord. No. 927.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Unfit buildings — See Ch. 79.
Vacant or abandoned buildings — See Ch. 80.
Construction and maintenance codes — See Ch. 87.
Uniform construction codes — See Ch. 88.
Nuisances — See Ch. 159.
Zoning — See Ch. 260.
[1]
Editor's Note: This ordinance also provided that it take
effect upon advertising pursuant to the "pending ordinance" doctrine.
This chapter may be cited as the "Mount Oliver Borough Neighborhood
Blight Reclamation and Revitalization Ordinance."
A.
This chapter is to implement in the Borough of Mount Oliver 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 Borough of Mount
Oliver 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 Borough of Mount Oliver, as well as to tenants, adjoining property
owners and neighborhoods.
The following words 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. 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 Allegheny County.
The physical, real property location of a person's primary
residence, whether within or without the Borough of Mount Oliver,
which includes a specific street name and number and, if applicable,
apartment number. This definition does not encompass either a postal
office box, apartment mailbox number, secondary residence, or other
nonresidential mailing address.
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,
option 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), § 1, 53 Pa.C.S.A.
Ch. 23 (relating to intergovernmental cooperation).
Privileges relating to real property granted by the Borough
of Mount Oliver that are building permits (refer to Uniform Construction
Code Ordinance[1]), zoning permits, special exceptions, conditional uses,
and variances granted under the Borough of Mount Oliver's Zoning
Ordinance,[2] and any other ordinance authorizing a municipal permit
affecting real property for which the municipality desires to deny
permits under this chapter. The term does not include decisions on
the substantive validity of a zoning ordinance or map such as 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 Code Official Enforcement Officer, a public nuisance in accordance
with the International Property Maintenance 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 a code which poses an imminent
threat to the health and safety of a dwelling occupant, or occupants
in surrounding structures, or 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; a building
placarded as unfit for human habitation so as to prevent its use under
the Borough of Mount Oliver's Property Maintenance Code; or a
vacant building whose exterior violates Section 304 of the 2009 ICC
Property Maintenance Code, or any successor statute, regulation, or
Property Maintenance Code.
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 a property codes official,
or an 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;[3]
The Act of May 16, 1923 (P.L. 207, No. 153), referred to as
the Municipal Claim and Tax Lien Act;[4] or
The Act of October 11, 1985 (P.L. 876, No. 171), known as the
Second Class City Treasurer's Sale and Collection Act,[5] 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.[6]
A.
Actions. In addition to any other remedy available at law or in equity,
the Borough of Mount Oliver 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)
The following:
(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 of Mount Oliver 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 that is entered by a court of competent jurisdiction against the owner of the property for an adjudication under § 72-4A (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 of Mount Oliver 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 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 § 72-3, 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.
[1]
If the owner is a corporation, limited liability company, partnership,
or other business entity enumerated under Title 15 of the Pennsylvania
Consolidated Statutes (relating to corporations and non-corporate
business forms), Section 102, and its associated provisions, such
corporation, limited liability company, partnership, or other business
entity shall be required to provide the home address of each principal,
officer, general partner, and any other controlling member of the
entity.
(c)
The applications shall also include a provision requiring the
owner, responsible officer, member, trustee, or partner to disclose
real properties owned by the owner both inside of the Borough of Mount
Oliver 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 notification of the violation;
[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;
[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 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 Code Enforcement Officer, 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, where the owner
has taken no substantial steps to correct the violations 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 Code Enforcement Officer or ZHB 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 shall not apply to the 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 Code Enforcement
Officer or 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 United States
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 Code Enforcement Officer or other employee or agent of the Borough of Mount Oliver from the information disclosed by the owner in accordance with § 72-5A or any other reliable information obtained through a search of records using governmental systems online or through direct contact with the officer maintaining the governmental 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 Code Enforcement Officer or ZHB using the services of the Zoning Administrator or other municipal staff or contracted services 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 a ZHB granted jurisdiction to
reader decisions in accordance with the act of July 31, 1968 (P.L.
805, No. 247), known as the Pennsylvania Municipalities Planning Code.[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
[2]
In any proceeding before a board other than the governing body
of the municipality, the municipality may appear to present evidence
that the applicant is subject to a denial by the board in accordance
with this section.
(g)
Applicability of other law. A denial of a municipal permit shall
be subject to the provisions of 2 Pa.C.S.A. Chs. 5 Subch. B (relating
to practice and procedure of local agencies) and 7 Subch. B (relating
to judicial review of local agency action) or the Pennsylvania Municipalities
Planning Code,[2] for denials subject to the Act.
[2]
Editor's Note: See 53 P.S. § 10101 et seq.
(h)
The Code Enforcement Officer or ZHB 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 of inspection is unnecessary due to a municipal permit being denied under this Subsection B.
(i)
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 Code Enforcement Officer, 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 of compliance under § 72-5B(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 Subsection B(2) has expired. In the case of a denial by the Borough of Mount Oliver's ZHB, the appeal shall be to the Court of Common Pleas.
[1]
The owner shall be informed in writing of the right, time, and place to make an appeal; such written information shall be delivered to the owner by any of the methods enumerated under Subsection B(1)(d).
[2]
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 for on the denial, confirmed by an order of the court or the Code
Official.
[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 the
tax, water, sewer, or refuse collection delinquency upon which the
permit denial was based.
[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 a devisee.
[g]
Any other verifiable evidence that established by a preponderance
of the evidence that the serious violation or collection delinquency
of tax, water, sewer, or refuse accounts upon which the permit denial
is based does not exist.
[3]
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.
(2)
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(2)(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 letter in order
to obtain a municipal permit that would otherwise be denied shall
submit a copy of his 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 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 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 remediation plan in accordance with Section 6131(b)(1)(iii) of the Act and § 72-5B(2)(a)[3] (relating to municipal permit denial) with the Borough of Mount Oliver 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.
