[HISTORY: Adopted by the Borough Council of the Borough of
West Reading as indicated in article histories. Amendments noted where
applicable.]
[Adopted 6-17-2014 by Ord. No. 1030]
This article shall be known and may be cited as the "Borough
of West Reading Blight Reclamation and Revitalization Ordinance."
Borough Council finds it to be in the best interests of the
residents of the Borough to provide for certain protections and safeguards
in order to address properties for which the owners thereof do not
pay obligations owing by them to the Borough; deteriorated properties;
public nuisances and/or properties in serious violation of applicable
laws. Such protections and safeguards include but are not limited
to denial of permits and actions at law and in equity as permitted
by Act 90 of 2010 and other applicable statutes.[1]
[1]
Editor's Note: See 53 Pa.C.S.A. § 6101 et seq.
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:
The Neighborhood Blight Reclamation and Revitalization Act
of 2010.[1]
Any director, officer, servant, employee or other person
authorized to act on behalf of a corporation or association and, in
the case of an unincorporated association, a member of such association.[2]
All federal, state and/or municipal laws, codes, ordinances,
rules and/or regulations which create or enforce obligations for an
owner or occupant of property or person in charge of property, or
create or enforce obligations with respect to the maintenance and
upkeep of property.
A person or entity applying for a municipal permit.
Borough Council, the Zoning Hearing Board or any other body
granted jurisdiction to render decisions in accordance with the Pennsylvania
Municipalities Planning Code, the Pennsylvania Borough Code,[3] the Code of the Borough, or any board authorized to act
in a similar manner by law.
The Borough of West Reading, Berks County, Pennsylvania.
The Borough Council of the Borough of West Reading, Berks
County, Pennsylvania.
A residential, commercial or industrial building or structure
and the land appurtenant thereto.
The Commonwealth of Pennsylvania.
The term does not include a municipal authority.[4]
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. 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.
A building, housing, property maintenance, fire, health or
other public safety ordinance, related to the use or maintenance of
real property, enacted by a municipality. The term does not include
a subdivision and land development ordinance or a zoning ordinance
enacted by a municipality.[5]
Privileges relating to real property granted by a municipality,
including but not limited to sanitary sewer connections, sanitary
sewer charges, water charges, refuse collection charges, building
permits, variances or special exceptions to zoning ordinances, and
occupancy permits. This term includes approvals pursuant to land use
ordinances other than decisions on the substantive validity of a zoning
ordinance or Zoning Map or the acceptance of a curative amendment.
A city, borough, incorporated town, township or home rule,
optional plan or option charter municipality or municipal authority
in the commonwealth and any entity formed pursuant to 53 Pa.C.S.A.
Chapter 23, Subchapter A (relating to intergovernmental cooperation).[6]
Services provided at a cost by the Borough or other municipal
entity, including but not limited to sanitary sewer services, water
services and refuse collection services, which benefit individual
properties and also serve to benefit the overall welfare, safety and
health of all residents of the Borough.
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 the assigns,
beneficiaries and lessees, provided such 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.
A violation of an applicable law that poses an imminent threat
to the health and safety of a dwelling occupant, occupants in surrounding
structures or passersby.
An affirmative action as determined by a property code official
or officer of the court on the part of an owner or managing agent
to remedy a serious violation of an applicable law, 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,"[7] located in any municipality in the commonwealth.
The Zoning Hearing Board of the Borough.
In addition to any other remedies 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.
A proceeding at law.
(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 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.
A.
General rule. 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 § 163-4 of this article (relating to legal proceedings).
B.
Construction. Nothing in this section shall be construed to authorize,
in the case of an owner that is a corporation, association or trust,
a lien on the individual assets of the general partner, agent or trustee,
except as otherwise allowed by law, limited partner, shareholder,
member or beneficiary of the association or trust.[1]
A person or other responsible party who lives or has a principal
place of residence outside this commonwealth, who owns or is responsible
for property in this commonwealth against which code 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. Ch. 91 (relating to detainers and extradition).[2]
Where, after reasonable efforts, service of process for a notice
or citation for any code violation for any real property owned by
a corporation, association or trust cannot be accomplished by handing
a copy of the notice or citation to an agent, executive officer, partner
or trustee of the corporation, 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 corporation, association or trust;
or
B.
Where the corporation, 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 such notice or citation to the
person in charge of the property at that time.
C.
In the
case of a corporation, notice shall be sent to the registered office
on file with the Department of State.
A.
Permit application form.
(1)
In addition to the requirements set forth in the governing ordinance,
regulations, or rules for the specific municipal permit being applied
for under the ordinances referenced in the definition of municipal
permit, all applications for a municipal permit shall include the
following:
(a)
If the applicant is an individual, the full name and home address
of the applicant. If the applicant is not the owner of the property,
then the full name and home address of the owner with a signed statement
of the owner authorizing the applicant to apply for the municipal
permit.
(b)
If the owner or applicant is an entity, its registered name
and any fictitious names used, the address of its registered office
in Pennsylvania, the address of its principal place of business, type
of entity, in what state it was formed, whether the entity has qualified
to do business as a foreign entity in the commonwealth by filing with
the Corporation Bureau of the Pennsylvania Department of State, and
the home address of at least one responsible officer, member, trustee,
or partner.
(c)
The application shall also include a provision requiring the
applicant to disclose real properties owned by the owner in the Borough,
as well as in all other municipalities in the commonwealth.
(d)
As to each property located in the Borough, or in any other
municipality in the commonwealth, the applicant shall disclose if
any of the following conditions exist:
[1]
A serious violation of any applicable laws or codes, and the
owner (or applicant, if it is responsible for maintaining the condition
of the real property) has taken no substantial steps to correct the
violation within six months following the notification of the serious
violation.
[2]
The imposition of fines, penalties, or judgments to abate or
correct the violations by a magisterial district court, housing court,
municipal court, or court of common pleas or appellate court, or a
judgment at law or in equity imposed by any court of competent jurisdiction.
[3]
A final and unappealable tax, water, sewer, refuse collection,
or other municipal service delinquency on the account of the actions
of the owner (or applicant, if applicant is responsible for the payment
of taxes and/or fees for municipal services). The applicant shall
disclose the street address, tax parcel number, county, and municipality
of each such real property.
(e)
The disclosure required by this section shall be signed by the
applicant under the penalties for unsworn falsification to authorities
set forth in 18 Pa.C.S.A. § 4904.
B.
The Borough or a board may deny issuing an applicant a municipal
permit if the applicant owns or is responsible for real property in
any municipality for which there exists on such real property:
(1)
A final and unappealable tax and/or municipal services delinquency
on account of the actions of the owner or applicant; or
(2)
A serious violation of any applicable law and the owner or applicant
has taken no substantial step to correct the serious violation within
six months following notification of such serious 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.
C.
Notwithstanding anything contained in Subsection A of this section, 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 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 or applicant shall so advise the Borough or the Board seeking to deny such municipal permit. The Borough or the Board shall not deny a municipal permit to an applicant if the municipal permit is necessary to correct a violation of any applicable law.
D.
The municipal permit denial shall not apply to an applicant's delinquency
on taxes or municipal services charges that are under appeal, otherwise
contested through a court or administrative process, or are being
paid pursuant to an installment agreement between the municipality
and the applicant.
E.
In issuing a denial of a municipal permit based upon an applicant's
delinquency in real property taxes or charges for municipal services
or for failure to abate a serious violation of any applicable law
on real property that the applicant owns in the commonwealth, the
Borough or the 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 commonwealth agency, municipality
or school district in a form specified by such entity as provided
in this section.
F.
All municipal permits denied in accordance with this section may
be withheld until an applicant obtains a letter from the appropriate
commonwealth agency, municipality or school district indicating the
following:
(1)
The subject property has no final and unappealable delinquencies
for sanitary sewer connection charges, sanitary sewer charges, water
charges, refuse collection, permit fees, review fees and/or other
municipal charges;
(2)
The subject property is now in compliance with all applicable laws;
(3)
The owner of the subject property has presented, and the appropriate
commonwealth agency or municipality has accepted, a plan to commence
remediation of a serious violation of applicable law. Acceptance of
the plan may be contingent upon:
(a)
Commencement of the remediation plan within not less than 30
days following acceptance of the plan, or sooner if mutually agreeable
to both the property owner and the municipality;
(b)
Completion of the remediation plan within not less than 90 days
following commencement of the plan, or sooner if mutually agreeable
to both the property owner and the municipality.
G.
In the event the appropriate commonwealth agency, municipality or
school district fails to issue a letter indicating compliance or noncompliance,
as applicable, with sanitary sewer connection charges, sanitary sewer
charges, water charges, refuse collection, permit fees, review fees
and/or other municipal charges and/or with applicable laws, within
45 days of the request therefor, the subject property shall be deemed
to be in compliance for the purposes of this section. The appropriate
commonwealth agency, municipality or school district shall specify
the form in which the request for a compliance letter shall be made.
H.
Letters required under this section shall be verified by the appropriate
municipal officials before issuing a municipal permit to the applicant.
I.
Boards, including but not limited to the Zoning Hearing Board, may
deny approval of municipal permits, including but not limited to special
exception approval and variance relief, if warranted as set forth
above to the extent that approval of such municipal permit is within
the jurisdiction of such board.
J.
In any proceeding before a board other than the governing body of
the Borough, the Borough may appear and present evidence that the
applicant is subject to a denial by the Board in accordance with this
section.
K.
For purposes of this section, 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 the owner, and the owner owns
real property that is subject to denial as set forth above.
L.
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), and Chapter 7, Subchapter B (relating to judicial review of local agency action), or the Pennsylvania Municipalities Planning Code, for denials subject to the Act.
The applicant shall have the right to appeal the denial of a
municipal permit in accordance with the law governing the issuance
of such municipal permit. In the case of a denial by the Building
Code official or Property Maintenance Code official, the appeal shall
be made within 30 days of the denial to the Board of Appeals established
under the Uniform Construction Code or the Property Maintenance Code, unless the applicant has submitted
to the Board of Appeals proof before the expiration of 30 days that
the applicant is seeking proof of compliance as set forth herein,
in which case the municipal permit and the denial shall be held in
abeyance until the forty-five-day period for obtaining proof of compliance
has expired. In the case of a denial of a municipal permit in the
form of a special exception or variance by the Zoning Hearing Board
or a conditional use by the Borough Council, the appeal shall be taken
to the Court of Common Pleas in the manner provided by the Pennsylvania
Municipalities Planning Code, 53 P.S. § 10101 et seq. With
respect to denials for reasons other than that authorized by Act 90,
the provisions of the Uniform Construction Code, Municipalities Planning
Code,[2] or other applicable laws shall govern.
A denial of a municipal permit may be reversed only for the
following reasons:
A.
An authentic proof of compliance letter as described herein.
B.
Evidence of substantial steps taken to remedy the serious violation(s)
set forth in the denial.
C.
Evidence of an approved remedial plan to address the serious violation(s)
set forth in the denial.
D.
Evidence of a timely appeal or administrative contest of a tax, water,
sewer, or refuse collection delinquency.
E.
The failure of a commonwealth agency, school district, or municipality
to issue a proof of compliance within 45 days of a request.
G.
Any other verifiable evidence that establishes by a preponderance
of the evidence that a serious violation or collection delinquency
of tax, water, sewer, or refuse accounts does not exist.
In the event 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 registered 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 provided with the opportunity to make payments on reasonable terms to correct code violations or to enter into a remediation agreement under § 163-8F(3) of this article (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 municipal permits and approvals on other properties owned by the devisee or heir.
Nothing in this article shall be construed to abridge or alter
the remedies now existing at common law or by statute, but the provisions
of this article are in addition to such remedies.
The Borough Manager, Borough Code Enforcement Officer and the
Borough Solicitor, and all other persons employed or appointed by
the Borough, are authorized to take all actions necessary to ensure
implementation of and effect the purposes of this article.
The Borough reserves all rights and remedies existing under
statutes other than Act 90, its ordinances implementing them, and
applicable case law to obtain recovery for the costs of preventing
and abatement of violations, violations of applicable laws, and public
nuisances to the fullest extent allowed by law from mortgage lenders;
trustees and members of liability companies, property managers (including
but not limited to partners and other persons or entities who provide
property management services to the real property); general partners
of owners; and officers, agents, and operators who are in control
of a property as an owner or otherwise hold them personally responsible
for code violations and violations of applicable laws as well as owners
themselves. Such owners, mortgage lenders, partners, members of limited
liability companies, trustees, officers, agents, and operators in
control of a real property with code violations shall be subject to
all actions at law and equity to the full extent authorized by statutes,
ordinances, and applicable case law. Such action may be joined in
one lawsuit against responsible parties with an action brought under
Act 90.[1]
[1]
Editor's Note: See 53 Pa.C.S.A. § 6101 et seq.