[HISTORY: Adopted by the Borough Council of the Borough of
Sharon Hill 8-28-2014 by Ord. No. 1371. Amendments noted where
applicable.]
The Borough Council finds it to be in the best interest of the
residents of the Borough of Sharon Hill 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, the quality of life of our residents 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.
The Zoning Hearing Board or other body granted jurisdiction
to render decisions in accordance with the Municipalities Planning
Code, the State Borough Code, the Code of the Borough of Sharon Hill,
or any board authorized to act in a similar manner by law.
The Borough of Sharon Hill, County of Delaware, Commonwealth
of Pennsylvania.
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 the Borough. 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.
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.
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 Subchapter
A of Chapter 23 (relating to intergovernmental cooperation).[1]
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.
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.
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 code.
Refers to 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.
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 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 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," located in any municipality in this commonwealth.[2]
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.
Actions available.
(1)
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.
(2)
Notwithstanding any law limiting the form of action for the 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.
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 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 or beneficiary of 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 violations have been cited and the person is charged under
Title 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 Title 42 Pa.C.S.A. Ch. 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
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 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 by 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 services 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 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 or board seeking to deny a municipal permit. The Borough
or board 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.
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 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 or board
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.
D.
All municipal 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;
(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.
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 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 a 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 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. Ch. 5 Subch. B (relating to practice and procedure of local agencies) and Ch. 7 Subch. B (relating to judicial review of local agency action) or the Pennsylvania Municipalities Planning Code for denials subject to the act.[1]
[1]
Editor's Note: See 2 Pa.C.S.A. §§ 551 et seq. and
751 et seq. or 53 P.S. § 10101 et seq.
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 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.
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 Department and Borough
Solicitor, and all others employed or appointed by Sharon Hill, are
authorized to take all action necessary to ensure implementation of
and effect the purpose hereof.
