[HISTORY: Adopted by the Borough Council of the Borough of
Kenhorst as indicated in article histories. Amendments noted where
applicable.]
[Adopted 4-5-1973 by Ord. No. 304 (Ch. 11, Part 2, §§ 11
through 15, of the 1973 Code of Ordinances)]
A.
NUISANCE
PERSON
The following words, as used in this article, shall have the meanings
hereby respectively ascribed thereto:
Any use of property within the Borough of Kenhorst or any
condition upon any property within said Borough that, other than infrequently
or occasionally, shall cause or result in annoyance or disturbance
to persons beyond the boundaries of such property; interference to
the health and/or safety of persons beyond the boundaries of such
property; and/or disturbance to or interference with the peaceful
use of the property of others in the Borough, in any case taking into
consideration the location of the use or condition, and the nature
and condition of the surrounding neighborhood.
Any natural person, partnership, association, firm or corporation.
B.
In this article, the singular shall include the plural, the plural
shall include the singular, and the masculine shall include the feminine
and the neuter.
It shall be unlawful for any person to create or maintain any
nuisance anywhere within the limits of the Borough of Kenhorst.
Any person who shall create or maintain any nuisance anywhere within the Borough of Kenhorst, shall, within 10 days after notice from the Borough to do so, remove or abate such nuisance. If such person shall fail, neglect or refuse to remove or abate such nuisance within such time limit, the Borough shall have authority, in person or by his agents and/or employees, to cause the removal or abatement of such nuisance, and, in so doing, shall have authority to enter upon the property of such person in default. Thereupon, the Borough shall collect the cost and expense of such abatement or removal, from the person who created and/or maintained such nuisance, such person having failed, neglected or refused to remove or abate such nuisance, in the manner provided for the collection of municipal claims or by an action of assumpsit without the filing of a claim. Provided: such cost and expense may be in addition to any penalty imposed under § 309-4 of this article.
Any person or persons violating any of the provisions of this article shall be punishable as provided in Chapter 1, Article I, Enforcement; General Penalty, of this Code. Provided: each day's continuance of the maintenance of any nuisance, after the expiration of 10 days following the issuance of the notice referred to in § 309-3 of this article, shall constitute a separate violation.
This article shall not be construed to be the sole means for
abatement of nuisances within the Borough of Kenhorst, and nothing
shall preclude any person from proceeding, individually or with other
injured persons, to effect the abatement of a private nuisance. Furthermore,
in the exercise of the powers herein conferred, the Borough may institute
proceedings in courts of equity.
[Adopted 10-3-2013 by Ord. No. 556]
This article shall be known as the "Blight and Reclamation Program
Ordinance" and shall supplement such other ordinances such as property
maintenance codes and other conduct and building codes, zoning codes
and rental ordinances in the Borough.
The Borough Council finds it to be the best interest of the
residents of the Borough 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 Borough residents and require expenditure
of public fund to correct and/or abate nuisances, violations and delinquent
service accounts.
A.
BOARD
BOROUGH
BUILDING
CODE
COURT
MANAGING AGENT
MORTGAGE LENDER
MUNICIPALITY
MUNICIPAL PERMITS
MUNICIPAL SERVICES
OWNER
PUBLIC NUISANCE
SERIOUS VIOLATION
STATE LAW
SUBSTANTIAL STEP
TAX DELINQUENT PROPERTY
The following words and phrases, when used in this article, shall
have the meanings given to them in this section unless the context
clearly indicates otherwise:
Refers to the Borough of Kenhorst, Berks County, Pennsylvania.
Refers to a residential, commercial or industrial building
or structure and the land appurtenant to it.
Refers to 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.
Refers to the appropriate court of common pleas or magisterial
district court.
A person designated by property owner to control or manage,
care of control upkeep of a property or a person/entity on behalf
of a third party, such as a foreclosing mortgaging lender, who is
charged with the care and upkeep of a property.
Refers to 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.
Refers to 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.
Refers to services provided at a cost by the Borough or other
municipal entity, including water service, sanitary sewer service,
refuse collection and parking allotments/facilities, which benefit
individual properties and also serve to benefit the overall welfare,
safety and health of all residents of the Borough.
Refers to a holder of 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.
Refers to 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.
Refers to a violation of a state law or code or ordinance
that poses an imminent threat to the health and safety of a dwelling
occupant(s) in surrounding structures or passersby.
Refers to a statute of the commonwealth or a regulation of
an agency charged with the administration and enforcement of commonwealth
law.
Refers to 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/ordinance, including but not limited to, physical improvements
or repairs to the property, which affirmative action is subject to
appeal in accordance with applicable law.
Refers to a 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";[4] the Act of May 16, 1923 (P.L. 207, No. 153), referred
to as the "Municipal Claims and Tax Liens Law";[5] or the Act of October 11, 1984 (P.L. 876, No. 171), known
as the "Second Class City Treasurer's Sale and Collection Act,"[6] 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/ordinance
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 the recovery of penalties by a municipality for the violation
of a code/ordinance, 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/ordinance violation.
B.
A proceeding in equity.
C.
A lien may be placed against the assets of an owner of real property
that is in serious violation of a code/ordinance 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 53 Pa.C.S.A. § 6111 (relating
to actions). 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 of
beneficiary or the association or trust.
A.
A person who lives or has a principal place of residence outside
this commonwealth, who owns property in this commonwealth against
which code/ordinance 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. Chapter 91 (relating
to detainers and extradition).
B.
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
partner or charge of the property, the delivery of the notice of citation
may occur by registered, certified or United States express mail,
accompanied by a delivery confirmation to the registered office of
the association or citation 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 handing a copy of the
notice or citation to the person in charge of the property at that
time.
A.
The Borough or a 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 and/or municipal service delinquencies on account of the actions
of the owner; or
(2)
A serious violation and the owner has taken no substantial step to
correct the serious 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 judgment
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 or Board seeking to deny a municipal permit. The Borough
or Board shall not deny a municipal permit to an applicant of the
municipal permit is necessary to correct a violation of state law
or a code.
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.
In issuing a denial of a municipal permit based upon 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/ordinance involving
real property that the applicant owns in this commonwealth, the Borough
or Board shall indicate the street address, municipal corporation
and counting 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 the form specified by such entity as provided in this section.
D.
All municipal permits denied in accordance with this subsection 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;
(2)
The property in question is now in state law and code/ordinance 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/ordinance. Acceptance of
the plan may be contingent on:
(a)
Beginning the remediation pan 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 with no fewer than 90 days following
commencement of the plan or sooner, if mutually agreeable to both
the property owner and the municipality.
E.
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/ordinance 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
appropriate state agency, municipality or school district shall specify
the form in which the request for compliance letter shall be made.
Letters required under this section shall be verified by the appropriate
municipal officials before issuing to the applicant a municipal permit.
F.
Boards, including but not limited to the Borough Zoning Hearing Board,
may deny approval of municipal permits, which includes special exception
approval and variance relief, if warranted as set forth above to the
extent that approval of such a municipal permit is within the jurisdiction
of the Board.
G.
In any proceeding before a board other than the governing body of
the Borough, the Borough may appear to present evidence that the applicant
is subject to a denial by the board in accordance with this section.
H.
For purposes of this subsection, a municipal permit may only be denied
to an applicant other than an owner, if the applicant is acting under
the direction or with the permission of an owner, and the owner owns
real property that is subject to denial as set forth above.
I.
A denial of a municipal 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),[1] and Chapter 7, Subchapter B (relating to judicial review of local agency action),[2] or the Municipalities Planning Code,[3] for denials subject to the Act.
In the event of a conflict between the requirements of this
article 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 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 53 Pa.C.S.A. § 6131(b)(1)(iii) (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, unless
the Borough can demonstrate or has knowledge that the inheriting owner
contributed to the property's state of disrepair or delinquencies.
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.
The Borough Manager, Code Enforcement Officer(s) and Borough
Solicitor, and all others employed by or appointed by the Borough,
are authorized to take all action necessary to ensure implementation
of and effect the purpose hereof.
