[Ord. 700, 12/7/2011]
This Part 4 may be cited as the "Township of Darby Neighborhood
Blight Reclamation and Revitalization Ordinance."
[Ord. 700, 12/7/2011]
The following words and phrases, when used in this Part
4, 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), Pa.C.S.A.
Chapter 61, known as the "Neighborhood Blight and Reclamation and
Revitalization Act."
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 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 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. § 23
(relating to intergovernmental cooperation).
MUNICIPAL PERMITS
Privileges relating to real property granted by the Township of Darby 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 Darby's Zoning Ordinance, any certificate of use issued under the Certificate of Occupancy Ordinance in Chapter
11 of the Township's Code of Ordinances, as well as any other ordinance authorizing a municipal permit affecting real property for which the municipality desires to deny permits under this Part
4. 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, 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 Building or Code Official a public nuisance, 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, occupant,
occupants in surrounding structures or passersby, 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 Darby's ordinances and/or codes.
STATE LAW
A statute of the commonwealth or a regulation of an agency
charged with the administration and enforcement of 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:
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 Liens Act";
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 statues.
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. 1856.
[Ord. 700, 12/7/2011]
All ordinances or parts of ordinances in conflict herewith be
and are hereby repealed, except any ordinances or parts of ordinances
that authorize that authorize greater remedies than this Part 4 are
preserved.
[Ord. 700, 12/7/2011]
The provisions of this Part 4 shall be severable; and if any
of its provisions are found to be unconstitutional or illegal, the
validity of any of the remaining provisions of this Part 4 shall not
be affected thereby.
[Ord. 700, 12/7/2011]
This Part 4 shall take effect immediately.