[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.
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:
ACT 90
The Neighborhood Blight Reclamation and Revitalization Act
of 2010.
AGENT
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.
APPLICABLE LAWS
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.
APPLICANT
A person or entity applying for a municipal permit.
BOARD
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, the Code of the Borough, or any board authorized to act
in a similar manner by law.
BOROUGH
The Borough of West Reading, Berks County, Pennsylvania.
BOROUGH COUNCIL
The Borough Council of the Borough of West Reading, Berks
County, Pennsylvania.
BUILDING
A residential, commercial or industrial building or structure
and the land appurtenant thereto.
CORPORATION
The term does not include a municipal authority.
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. 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.
MUNICIPAL CODE or CODE
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.
MUNICIPAL PERMITS
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.
MUNICIPALITY
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).
MUNICIPAL SERVICES
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.
OWNER
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.
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 an applicable law that poses an imminent threat
to the health and safety of a dwelling occupant, occupants in surrounding
structures or passersby.
SUBSTANTIAL STEP
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 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"; 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 the commonwealth.
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.
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).
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.
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, 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.
F. The failure of a commonwealth agency or municipality to provide the
relief required under Section 6144 of Act 90 to an heir or devisee.
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.