[Adopted 7-20-2011 by Ord. No. 753, approved 7-20-2011]
This article shall be known as the "Darby Borough Blight Reclamation
and Revitalization Ordinance."
The Borough Council finds it to be the best interest of the
residents of the Borough of Darby 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 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 article,
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 Municipalities Planning
Code, the State Borough Code, the Code of the Borough of Darby, or any board authorized
to act in a similar manner by law.
BOROUGH
The Borough of Darby, 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 Subchapter
A of Chapter 23 (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.
MUNICIPAL SERVICES
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.
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
A 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"; 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.
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 Section 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 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.
[Adopted 11-19-2014 by Ord. No. 767, approved 11-19-2014]
This article may be cited as the "Darby Borough Chronic Nuisance
Property Ordinance."
For purposes of this article, the following words or phrases
shall have the meaning prescribed below:
ABATE
To repair, replace, remove, destroy, or otherwise remedy
a condition, which constitutes a violation of this article by such
means and in such a manner and to such an extent as the applicable
Borough department director or designee(s) determines is necessary
in the interest of the general health, safety and welfare of the community.
CONTROL
The ability to regulate, restrain, dominate, counteract or
govern property, or conduct that occurs on a property.
CHRONIC NUISANCE PROPERTY
Property on which a combination of three or more nuisance
activities occurs or exists during any sixty-day period.
DRUG-RELATED ACTIVITY
Any unlawful activity at a property which consists of the
manufacture, delivery, sale, storage, possession, or giving away of
any controlled substance as defined by state law.
NUISANCE ACTIVITY
A.
Any nuisance as defined by state law or local ordinance occurring
on, around or near a property, including but not limited to violations
of the following laws and regulations:
(1)
Unauthorized and junk vehicles;
B.
Any criminal conduct as defined by state law or local ordinance
occurring on, around or near a property, including, but not limited
to, the following activities or behaviors:
(6)
Any domestic violence crimes;
(9)
Patronizing a prostitute;
(10)
Public disturbance noises;
(12)
Any firearms/dangerous weapons violations;
(14)
Any dangerous animal violations;
(15)
Any drug-related activity.
C.
For purposes of this article, "nuisance activity" shall not
include conduct where the person responsible is the victim of a crime
and had no control over the criminal act.
PENALIZE
Unless otherwise defined, the actual or threatened revocation,
suspension or nonrenewal of a rental license, the actual or threatened
assessment of fines or the actual or threatened eviction, or causing
the actual or threatened eviction, from leased premises.
PERSON RESPONSIBLE FOR THE PROPERTY or PERSON RESPONSIBLE
Unless otherwise defined, any person who has titled ownership
of the property or structure which is subject to this article, an
occupant in control of the property or structure which is subject
to this article, a developer, builder, or business operator or owner
who is developing, building or operating a business on the property
or in a structure which is subject to this article and/or any person
who has control over the property and allows a violation of this article
to continue.
PERSON
Natural person, joint venture, partnership, association,
club, company, corporation, business trust, organization, or the manager,
lessee, agent, officer or employee of any of them.
PREMISES and PROPERTY
May be used by this article interchangeably and means and
public or private building, lot, parcel, dwelling, rental unit, real
estate or land or portion thereof, including property used as a residential
or commercial property.
RENTAL UNIT
Any structure or that part of a structure, including but
not limited to single-family home, room or apartment, which is rented
to another and used as a home residence, or sleeping place by one
or more persons.
Nothing in this article prohibits the Borough from taking any
emergency action for the summary closure of such property when it
is necessary to avoid an immediate threat to public welfare and safety.
The Borough may take summary action to close the property without
complying with the notification provisions of Pennsylvania Rules of
Civil Procedure, but shall provide such notice as is reasonable under
the circumstances.