This chapter shall be known and may be cited as the "Prospect
Park Borough Neighborhood Blight Reclamation and Revitalization Ordinance."
The Prospect Park Borough Council finds it to be the best interest
of the residents of the Borough of Prospect Park 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 denial
of permits, and actions at law and in equity to address deteriorated
properties, which impact upon crime, quality of life of our residences
and require expenditure of public funds to correct and/or abate nuisances,
violations and delinquent 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:
BOARD
The Zoning Hearing Board or other body granted jurisdiction
to render decisions in accordance with the Pennsylvania Municipalities
Planning Code, the Pennsylvania Borough Code, the Ordinances and Code
of the Borough of Prospect Park, or any board authorized to act in
a similar manner by law.
BOROUGH
The Borough of Prospect Park, County of Delaware, Commonwealth
of Pennsylvania.
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 the Borough. The term does
not include a subdivision and land development ordinance or a zoning
ordinance enacted by a municipality.
COURT
The appropriate court of common pleas or magisterial district
judge court.
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 53 Pa.C.S.A.
Ch. 23, Subch. A (relating to intergovernmental cooperation).
MUNICIPAL PERMITS
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.
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 this ownership interest
is a matter of public record.
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 appropriate official a public nuisance in accordance with a
municipal code.
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 passersby.
STATE LAW
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 code 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 Law," located in any municipality
in this commonwealth.
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 code or for
failure to correct a condition which causes the property to be regarded
as 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; notwithstanding any law limiting the form of action
for recovery of penalties by a municipality 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.
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 Title 18 of the Pennsylvania Statutes (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 of the trustee
or 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:
A. To the registered office of the association or trust; or
B. Where the association or trust does not have a registered office,
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.
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.
Where property is inherited by will or intestatcy, the devises 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 §
55-8D(3) (relating to municipal permit denial) with a municipality to avoid subjecting the devisee's or heir's other properties to asset attachment or denials 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.