[Adopted 11-10-2011 by Ord. No. 668]
This article may be cited as the "Neighborhood Blight Reclamation and Revitalization Ordinance."
The following words and phrases when used in this article, shall have the following meanings given to them in this section unless the context clearly indicates otherwise:
ACT The Act of October 27, 2010 (Act 90 of 2010), 53 Pa.C.S.A. § 6101 et seq., known as the "Neighborhood Blight Reclamation and Revitalization Act."
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 a municipality. The term does not include a subdivision and land development ordinance or a zoning ordinance enacted by a municipality.
COURT The Court of Common Pleas of Delaware County.
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 the Act of Dec. 19, 1996 (P.L. 1158, No. 177), Section 1, 53 Pa.C.S.A. Ch. 23, Subch. A (relating to intergovernmental cooperation).
MUNICIPAL PERMITS Privileges relating to real
property granted by Upper Chichester Township that are building permits issued pursuant to the Code of the Township of Upper Chichester, and zoning permits, special exceptions, conditional uses and variances granted under Chapter
600, Zoning, with amendments thereto, of the Code of the Township of Upper Chichester.
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, including lessees under leases for which a memorandum of lease is recorded in accordance with the Act of June 2, 1059 [P.L. 254 (Vol. 1), No. 86], 21 P.S. § 405.
PUBLIC NUISANCE Property, which, because of its physical condition or use, is regarded as a public nuisance at common law or has been declared a public nuisance in accordance with the International
Property Maintenance Code as adopted in Chapter
429,
Property Maintenance, Article
II, Adoption of Standards, or as defined as such in Chapter
191, Buildings, Dangerous, of the Code of the Township of Upper Chichester.
REMEDIATION PLAN A plan for the correction of violations of state law or a code that is part of an agreement between the owner and the municipality in which the real property containing the violations is located.
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 a passerby, that is a building ordered vacated in accordance with the Department of Labor and Industry's Regulations, 34 Pa. Code § 403.84, as amended, implementing the Uniform Construction Code, the Act of November 10, 1999 (P.L. 491, No. 45), as amended, 35 P.S. §§ 7210.101 to 7210.1103; a building placarded as unfit for human habitation so as to prevent its use under Upper Chichester Township's Property Maintenance Code adopted by Ordinance No. 456; or a vacant building whose exterior violates Section 304 of the 2009 ICC Property Maintenance Code adopted by Ordinance No. 631, or any successor statute, regulations or Property Maintenance Code.
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 codes 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:
A. The Act of July 7, 1947 (P.L. 1368, No. 542), known as the "Real Estate Tax Sale Law";
B. The Act of May 16, 1923 (P.L. 207, No. 153), referred to as the "Municipal Claim and Tax Lien Act"; or
C. 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; or
D. Any successor law to any of the above statutes.
UNIFORM CONSTRUCTION CODE The Act of November 10, 1999 (P.L. 491, No. 45), as amended, 35 P.S. § 7210.101 to 7210.1103, as implemented by Ordinance No. 611.
All ordinances or parts of ordinances in conflict herewith be and are hereby repealed, except any ordinance or parts of ordinances that authorize greater remedies than this article are preserved.
[Adopted 8-9-2012 by Ord. No. 679]
For the purposes of this article, where terms are not defined, such terms shall have ordinarily accepted meanings such as the context implies. The following words shall have the meanings respectively ascribed to them as follows:
BOARDED A building, structure or dwelling unit subject to the provisions of this article if in place of one or more exterior doors, other than a storm door, or of one or more windows, there is a sheet or sheets of plywood or similar material covering the space for such door or window.
DWELLING UNIT A single unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation.
NOTICE Written notice of a violation or requirement under this article mailed, pursuant to first-class mail, to the last known address of the owner of the property in question.
OCCUPIED As applied to a building or structure subject to the provisions of this article means where one or more persons actually conducts a lawful business or resides in all or any part of the building as the licensed business-occupant, or as the legal or equitable owner/occupant(s) or tenant(s) on a permanent, nontransient basis, or any combination of the same. For purposes of this article, evidence offered to prove that a building is so occupied may include, but shall not be limited to, the regular receipt of delivery of regular mail through the United States Postal Service; proof of continual telephone, electric, gas, heating, water and sewer services; a valid Township business license, or the most recent, federal, state, or Township tax statements indicating that the subject property is the official business or residence address of the person or business claiming occupancy; or proof of tenant occupied property license inspection.
OPEN A building or structure or dwelling unit subject to the provisions of this article in which any one or more exterior doors, other than a storm door, is broken, open and/or closed, but, without a properly functioning lock to secure it, or if one or more windows is broken or not capable of being locked and secured from intrusion or any combination of the same.
OWNER Any person, agent, operator, firm or corporation having a legal or equitable interest in the property; or recorded in the official records of the state, county or Township as holding title to the property; or otherwise having control of the property, including the guardian of the estate of any such person, and the executor or administrator of the estate of such person if ordered to take possession of real property by a court.
VACANT As applied to a building or structure subject to the provisions of this article means no person or persons actually, currently conducts a lawfully licensed business, or lawfully resides or lives in any part of the building as the legal or equitable owner(s) or tenant-occupant(s), or owner-occupants, or tenant(s) on a permanent nontransient basis.
The requirements of this article shall be applicable to each owner of any building whether governmental, commercial, residential or institutional or owned by nonprofit or a for-profit organization in which the building in total shall have been
vacant for more than 30 days. Each such owner shall cause to be filed a notarized
registration statement in a form prescribed from time to time by the Township, which form shall include the street address and parcel number of each such
vacant building, the names and addresses of all owners, as hereinafter described, and any other information deemed necessary by the Township Code Enforcement Officials. The
registration statement and, where applicable,
registration fee(s) as required by §
428-11 shall be billed by the Township and such
registration statement and, where applicable,
registration fee(s) shall be filed with and/or paid to the Township on or before September 15, or if September 15 falls on Saturday or Sunday by the preceding Friday, of each year. For purposes of this article,
registration application(s) initially shall be due on September 15, 2012. For purposes of this section, the following shall also be applicable:
A. If the owner is a corporation, the registration statement shall provide the names and residence addresses of all officers and directors of the corporation and shall be accompanied by a copy of the most recent relevant filing with the Pennsylvania Department of State.
B. If an estate, the name and business address of the executor of the estate;
C. If a trust, the name and addresses of all trustees, grantors and beneficiaries;
D. If a partnership, the names and residence addresses for the three partners with the largest ownership interest;
E. If any other form of unincorporated association, the names and residence addresses for the three principals with the largest ownership interest;
F. If an individual person, the name and residence address of that individual person.
Registration fees shall become dedicated to a line item in the budget for the Township's enforcement and administration of the vacant property registration requirements within this article. Fines for violations of this article shall go to the Township's general fund.
The owner shall have the right to appeal the imposition of the registration fees to the Board of Commissioners upon filing an application in writing to the Township Secretary no later than 15 calendar days after the date of the billing statement. On appeal, the owner shall bear the burden of providing satisfactory objective proof of "occupied" status as defined in this article.
A six-month waiver of the registration fee may be granted by the Board of Commissioners upon application of the owner and upon review and advice of the Township Code Enforcement Officials within 15 calendar days of the date of the bill for the registration fee, if the owner:
A. Demonstrates with satisfactory proof that he/she has submitted valid architectural plans, based on the Township's permits and planning application procedures, and otherwise has shown good faith efforts to efficiently rehabilitate, demolish, or otherwise substantially repair or improve said vacant building; or
B. Demonstrates with satisfactory proof that he/she is actively marketing the property for sale/lease. "Actively marketing" will be defined as an owner has placed a "for sale" or a "for lease" sign on the property with accurate contact information, which is also provided and has done at least one of the following:
(1) Engaged the services of a real estate licensee, whose name, address, telephone number and e-mail will be provided in the multiple-listing service (MLS);
(2) Placed weekly advertisements in print or electronic media;
(3) Distributed printed advertisements.
Within 60 days after the waiver application is received by the Township Secretary, the Board of Commissioners shall grant or deny the waiver in writing, and dispatch the written decision by mail to the owner.
After the owner is given notice of the amount of the
registration fee due, except for those owners that have properly perfected and pursued to successful result, an appeal pursuant to §
428-13 of this article and the owner fails to pay the amount due, said amount shall constitute a debt due and owing to the Township, and the Township may enter a lien on the
property as provided by law.
If the status of the registration information changes during the course of any calendar year, it is the responsibility of the owner, responsible party or agent for the same to contact the Township within 30 days of the occurrence of such change and advise the Township in writing of those changes.
The failure or refusal for any reason of any owner, or agent of an owner acting on behalf of the owner, to file a registration statement or to pay any fees required to be paid pursuant to the provisions of this article, within 30 days after notice, shall constitute a violation punishable upon conviction thereof by a fine in the amount of not less than $300 nor more than $1,000 for the first two continual and uncorrected failures or refusals to register, or for each failure or refusal to pay and not exceeding $5,000 for the third and any subsequent continual and uncorrected failure or refusal to register or for each subsequent failure or refusal to pay, together with the costs of prosecution, and, in default of such fine and costs, by imprisonment for any term not exceeding 30 days or both. Unpaid fines shall be registered as a lien against the violating building.