[HISTORY: Adopted by the Borough Council of the Borough of
Brentwood 11-27-2012 by Ord. No. 1207. Amendments noted where applicable.]
A.
Title. This chapter shall be known as the "Borough of Brentwood Blight
Reclamation and Revitalization Ordinance."
B.
Purpose. The Borough of Brentwood Council finds it to be in the best
interest of the residents of the Borough of Brentwood to provide for
certain protections and safeguards in order to address deteriorated
properties, public nuisances and properties in serious violation of
state law and/or municipal codes. Such protections and safeguards
include the denial of permits, as well as actions at law and in equity
to address deteriorated properties, which impact upon crime, the quality
of life of our residents and require expenditure of public funds to
correct and/or abate nuisances, violations and delinquent municipal
tax and municipal service accounts.
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 Neighborhood Blight Reclamation and Revitalization Act,
53 Pa.C.S.A. § 6101 et seq. Also known and referred to as
"Act 90" and "Act 90 of 2010."
The Zoning Hearing Board or other body granted jurisdiction
to render decisions in accordance with the Municipalities Planning
Code ("MPC"),[1] the State Borough Code, the Brentwood Borough Code, or
any board authorized to act in a similar manner by law.
The Borough of Brentwood, County of Allegheny, Commonwealth
of Pennsylvania.
The Borough Council, Codes Enforcement Officer, or other
representative of the Borough duly appointed or designated by the
Borough Council.
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 appropriate court of common pleas or magisterial district
judge court.
Any property in the Borough which, as a result of neglect
by its owners, is in violation of applicable state and Borough statutes,
codes, regulations, or ordinances, and which creates a public nuisance.
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.
Any municipality in the Commonwealth of Pennsylvania.
Privileges relating to real property granted by a municipality,
including, but not limited to, building permits, exceptions to zoning
ordinances and occupancy permits. 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.
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.
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 official a public nuisance in accordance with a
municipal ordinance or code. It includes but is not limited to circumstances
or conditions that threaten, are harmful to or are deleterious to
public health, safety or welfare and circumstances or conditions that
are actually or potentially deleterious to the environment.
A violation of a state law or municipal code that poses an
imminent threat to the health and safety of a dwelling occupant, occupants
in surrounding structures, or passersby.
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 code or
code enforcement 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 ordinance or 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, the Act of May 16, 1923 (P.L. 207, No. 153), referred to as the
Municipal Claim and Tax Lien Law, or the Act of October 11, 1984 (P.L.
876, No. 171), known as the Second Class City Treasurer's Sale
and Collection Act,[2] located in any municipality in this commonwealth.
It shall be a violation of this chapter for any real property in the Borough to be, become, or remain a deteriorated property, a public nuisance, or in serious violation of any code of the Borough, as those terms are defined in § 139-2 of this chapter. Such determination or declaration shall be made by an appropriate Borough official as defined in § 139-2 of this chapter.
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 Borough code,
or for failure to correct a condition which causes the property to
be regarded as deteriorated or 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.
Notwithstanding any law limiting the form of action for the recovery
of penalties by the Borough for the violation of a code, the Borough
may 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 Borough to remedy any code
violation.
C.
A proceeding in equity.
A.
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 § 139-4, relating to actions.
B.
Construction. Nothing in this section shall be construed to authorize,
in the case of an owner that is an association or trust, a lien on
the individual assets of the general partner or trustee, except as
otherwise allowed by law, limited partner, shareholder, member or
beneficiary of the association or trust.
A person who lives or has a principal place of residence outside
this commonwealth, who owns property in this commonwealth against
which code violations have been cited and the person is charged under
18 Pa.C.S.A., 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.A. Ch. 91, relating to detainers and
extradition.
Where, after reasonable efforts, service of process for a notice
or citation for any code violation 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 to the registered office of the association
or trust. Where the association or trust does not have a registered
office, notice may occur by registered, certified or United States
Express Mail to the mailing address used for real estate tax collection
purposes, if accompanied by the posting of a conspicuous notice to
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 Board may deny issuing an applicant a municipal permit
if the applicant owns real property in any municipality for which
there exists on the real property:
(1)
Tax, water, sewer, or refuse collection delinquencies on account
of the actions of the owner.
(2)
A serious violation of state law or a Borough 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 Borough.
B.
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.
C.
The Borough 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.
D.
In issuing a denial of a 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 Borough shall 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 this section.
E.
All Borough permits denied in accordance with this section may 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; or
(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.
F.
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. The Borough shall
specify the form in which the request for a compliance letter shall
be made. Letters required under this section shall be verified by
the appropriate Borough officials before issuing the permit to the
applicant.
G.
Borough permits or approvals may be denied by a board in accordance
with the requirements of this section to the extent that approval
of the municipal permit or approval is within the jurisdiction of
the board. For purposes of this section, "board" shall mean the Borough's
Zoning Hearing Board.
H.
In any proceeding before a board other than the Borough Council,
the Borough may appear to present evidence that the applicant is subject
to a denial by the board in accordance with this section.
J.
A denial of a 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 action, or the Pennsylvania Municipalities
Planning Code,[1] for denials subject to the Act.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
In the event of a conflict between the requirements of the Act
or 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.
Where property located in the Borough 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 under § 6131(b)(1)(iii) of
the Act, relating to municipal permit denial, with a municipality
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.
Nothing in this chapter shall be construed to abridge or alter
the remedies now existing at common law or by statute, but the provisions
of this chapter are in addition to such remedies.
[Amended 5-26-2015 by Ord. No. 1236]
In addition to any penalties, permit denials, or legal actions
otherwise authorized in this chapter, any owner as defined in this
chapter who has violated or permitted the violation of any of the
provisions of this chapter for any property within the Borough shall,
upon conviction thereof in a summary proceeding before a Magisterial
District Judge, be sentenced to pay a fine of not less than $500 and
not more than $1,000, plus court costs and reasonable attorney fees
incurred by the Borough in the enforcement proceedings, and may be
imprisoned for a period not to exceed 30 days. Each day that this
chapter is violated shall constitute a separate and distinct offense,
and shall be subject to separate and distinct penalties as set forth
in this section.
