This chapter may be cited as the "City of Washington Neighborhood
Blight Reclamation and Revitalization Ordinance."
This chapter is to implement in the City of Washington an ordinance
that recognizes:
A. There are deteriorated properties located in all municipalities of
this commonwealth as a result of neglect by their owners in violation
of applicable state and municipal codes;
B. 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
C. 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 City of Washington 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:
ACT
The act of October 27, 2010 (Act 90), 53 Pa.C.S.A. Ch. 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 municipality, has been designated by
the municipal department responsible for enforcement of the code 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 predominantly
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 agency.
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 a municipality. The term
does not include a subdivision and land development ordinance or a
zoning ordinance enacted by a municipality.
COURT
The Court of Common Pleas of Washington County.
MORTGAGE LENDER
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.
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), § 1; 53 Pa.C.S.A.
Ch. 23 (relating to intergovernmental cooperation).
MUNICIPAL PERMITS
Privileges relating to real property, granted by the City of Washington, that are building permits (see Ch.
130, Art.
VII), zoning permits, special exceptions, conditional uses and variances granted under the City of Washington's Zoning Ordinance and the City of Washington Rental Registration License Ordinance, as well as 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 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
the real estate. The term includes, but is not limited to, heirs,
assigns, beneficiaries and lessees under leases for which a memorandum
of lease is recorded in accordance with the act of June 2, 1959 (P.L.
454, 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 City of Washington Code Enforcement Department a public nuisance
in accordance with the International Property Maintenance Code adopted
by the City of Washington 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 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 City of Washington's Property Maintenance Code;
or a vacant building whose exterior violates Section 304 of the 2009
ICC Property Maintenance Code or any other successor statute, regulation
or property maintenance code.
STATE LAW
A statute of the commonwealth or a regulation of an agency
charged with the administration and enforcement of the commonwealth
law.
SUBSTANTIAL STEP
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 PROPERTY
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 Act"; or 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 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 adopted and implemented
by the City of Washington.