This chapter shall be known as the "Township of Tinicum Blight
Reclamation and Revitalization Ordinance."
The Board of Commissioners finds it to be in the best interest
of the residents of the Township of Tinicum 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 chapter,
shall have the meanings given to them in this section unless the context
clearly indicates otherwise:
ACT
The Act of October 27, 2010 (P.L. 875, No. 90), Pa.C.S. Chapter
61, known as the "Neighborhood Blight and Reclamation and Revitalization Act."
BOARD
The Tinicum Township Board of Commissioners, Zoning Hearing
Board or other body granted jurisdiction to render decisions in accordance
with the Municipalities Planning Code, the State Township Code, the Code of the Township of Tinicum,
or any board authorized to act in a similar manner by law.
BUILDING
A residential, commercial or industrial building or structure
and the land appurtenant to it.
CODE
And refer to a building, housing, property maintenance, fire,
health or other public safety ordinance enacted by the Township. 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. 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.
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 Township 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 Township.
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).
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.
REMEDIATION PLAN
A plan for the correction of violations of state law or 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 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. 1868, 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.
TOWNSHIP
The Township of Tinicum, County of Delaware, Commonwealth
of Pennsylvania.
In the event of a conflict between the requirements of this
chapter 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 §
216-6D(3) (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.
The Township Manager, Code Enforcement Officer and Township
Solicitor and any and all others employed or appointed by the Township
are authorized to take all action necessary to ensure implementation
of and effect the purpose hereof.
Nothing in this chapter shall be construed to abridge or alter
the remedies now existing at common law or by statute, but the provisions
of this chapter are in addition to such remedies.