The Borough Council finds it to be in the best interests of
the residents of the Borough of Pen Argyl, Northampton County, Pennsylvania,
to provide for certain protections and safeguards in order to address
deteriorated properties, public nuisances and properties in serious
violation of state law or municipal codes. Such protections and safeguards
include denial of permits and actions at law and in equity in order
to address deteriorated properties which have an impact upon crime
and the quality of life of our residents and require expenditures
of public funds in order to abate and correct nuisances, violations
and delinquent municipal services accounts.
For the purpose of this article, the following terms shall have
the meanings indicated:
BOARD
A Zoning Hearing Board or other body granted jurisdiction
to render decisions in accordance with the Pennsylvania Municipalities
Planning Code, the State Borough Code, the Code of the Borough of Pen Argyl or a board authorized
to act in a similar manner by law.
BOROUGH
The Borough of Pen Argyl, Northampton County, Pennsylvania.
BOROUGH CODE
A building, housing, property maintenance, fire, health or
other public safety ordinance enacted or adopted by the Borough, including
those ordinances, regulations and resolutions which establish and
assess fees for municipal services and privileges such as sewer, water,
refuse collection and parking/parking arrangements. For purposes of
this article, the term does not include a subdivision and land development
ordinance or a zoning ordinance enacted by the Borough.
BUILDING
A residential, commercial or industrial building or structure
and the land appurtenant to it.
MUNICIPAL PERMIT(S)
Privileges related to real property granted by a municipality
such as the Borough, including, but not limited to, building permits,
parking permits, occupancy permits, and special exceptions or variances
from zoning ordinances. 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 SERVICE(S)
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 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 that 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 Borough official a public nuisance in accordance
with the Code of the Borough of Pen Argyl, as amended.
SERIOUS VIOLATION
A violation of a state law or Borough Code (as both terms
are defined herein) or other applicable code that poses an imminent
threat to the health and safety of the dwelling occupant, occupants
in surrounding structures or passersby. Property found to be a public
nuisance is also considered to be a serious violation.
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 Borough official
or officer of the court on the part of the property owner or managing
agent to remedy a serious violation of state law or Borough Code,
including, but not limited to, physical improvements or repairs to
the property.
TAX DELINQUENT PROPERTY
Tax delinquent real property as defined under the Real Estate
Tax Sale Law (P.L. 1368, No. 542), the Municipal Claims and Tax Liens Law (P.L. 207, No.
153), or the Second Class City Treasurer's Sale and Collection
Act (P.L. 876, No. 171) located in any municipality in this commonwealth.
In addition to any other remedy available at law, including
those remedies available under the Neighborhood Blight Reclamation
and Revitalization Act (Act 90 of 2010), remedies available in equity or other remedies as provided
for in the Code of the Borough of Pen Argyl, the Borough may institute
the following actions against the owner of any property that is in
serious violation of a Borough code or for failure to correct a condition
which causes the property to be regarded as a public nuisance:
A. An in personam action may be initiated for a continuing violation
for which the owner takes no substantial step to correct within the
six months following receipt of an order by the Borough to correct
the violation, unless the order is subject to a pending appeal before
an administrative agency or court. Notwithstanding any law limiting
the form of action for the recovery of penalties by a municipality
for the violation of a Borough code, the Borough may recover, in a
single action under this article, an amount equal to the penalties
imposed against the owner and any costs of remediation lawfully incurred
by, or on behalf of, the Borough to remedy any Code violation.
C. A lien may be placed against the assets of an owner of real property
that is in serious violation of a Borough 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 either an in personam action or a proceeding
in equity as set forth above. In the case of an owner that is an association
or trust, this does not authorize a lien to be placed upon the individual
assets of the general partner, trustee, limited partner, shareholder,
member or beneficiary of the association or trust except as otherwise
allowed by law.
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
with the Borough 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. Such opportunity
shall be given at the Borough's discretion and subject to the revocation
upon the devisee's or heir's failure to proceed with a payment plan
or to progress forward and complete a remediation plan.
This article will become effective May 6, 2014.