[Ord. 476 (2014-1), 5/21/2014]
This Part may be cited as the "Glen Rock Neighborhood Blight
Reclamation and Revitalization Ordinance."
[Ord. 476 (2014-1), 5/21/2014]
1.
This Part is to implement in the Borough of Glen Rock the provisions
of the Act of October 27, 2010, 53 Pa.C.S.A. Ch. 61, known as the
"Neighborhood Blight Reclamation and Revitalization Act."
2.
There are deteriorated properties located in Glen Rock Borough as
a result of neglect by their owners in violation of applicable state
and municipal codes.
3.
These deteriorated properties create public nuisances which have
an impact on crime and the quality of life of our residents and require
significant expenditures of public funds in order to abate and correct
the nuisances.
4.
In order to address these situations, it is appropriate to deny certain
governmental permits and approvals in order:
A.
To prohibit property owners from further extending their financial
commitments so as to render themselves unable to abate or correct
the code, statutory and regulatory violations or tax delinquencies.
B.
To reduce the likelihood that this municipality and other municipalities
will have to address the owners' neglect and resulting deteriorated
properties.
C.
To sanction the owners for not adhering to their legal obligations
to the Glen Rock Borough, as well as to tenants, adjoining property
owners and neighborhoods.
[Ord. 476 (2014-1), 5/21/2014]
The following words and phrases, when used in this Part, shall
have the meanings given to them in this section unless the context
clearly indicates otherwise:
Act 90 of 2010 passed by the Pennsylvania State Legislature
and executed into law on October 27, 2010, 53 Pa.C.S.A. Ch. 61, known
as the "Neighborhood Blight Reclamation and Revitalization Act."
Any of the following:
Premises which, because of physical condition or use, have been
declared by a court of competent jurisdiction as a public nuisance
at common law or have been declared a public nuisance in accordance
with the local housing, building, plumbing, fire and related codes
and ordinances, including nuisance and dangerous building ordinances.
Premises which, because of physical condition, use or occupancy,
are considered an attractive nuisance to children, including but not
limited to abandoned wells, shafts, basements, excavations and unsafe
fences or structures.
A dwelling which, because it is dilapidated, unsanitary, unsafe,
vermin-infested or lacking in the facilities and equipment required
under the Housing Code of York County and/or ordinances of Glen Rock
Borough has been designated as unfit for human habitation.
A structure which is a fire hazard or is otherwise dangerous
to the safety of persons or property.
A structure from which the utilities, plumbing, heating, water,
sewage or other facilities have been disconnected, destroyed, removed
or rendered ineffective so that the property is unfit for its intended
use.
A vacant or unimproved lot or parcel of ground in a predominately
built-up neighborhood which, by reason of neglect or lack of maintenance,
has become a place for accumulation of trash and debris or a haven
for rodents or other vermin.
An unoccupied property which has been tax-delinquent for a period
of two years.
A property which is vacant but not tax-delinquent and which
has not been rehabilitated within one year of the receipt of notice
to rehabilitate from the appropriate code enforcement officials of
the Borough of Glen Rock.
The Borough of Glen Rock, York County, Pennsylvania.
A residential, commercial or industrial building or structure
and the land appurtenant to it.
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.
The Court of Common Pleas of York County.
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.
Privileges relating to real property granted by Glen Rock Borough that are building permits, zoning permits, special exceptions, conditional uses and variances granted under Chapter 27, Zoning, rental licenses[1] or any other ordinance authorizing a municipal permit
affecting real property for which Glen Rock desires denying permits
under this Part. The term does not include decisions on the substantive
validity of a zoning ordinance or map such a validity variance or
the acceptance of a curative amendment.
Services shall refer to services provided at a cost by the
Borough or contractor of 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.
The Borough of Glen Rock, York County, Pennsylvania.
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, 1959 [P.L. 254 (Vol. 1), No. 86], 21 P.S. § 405.
Property which, because of its physical condition or use,
is regarded as a public nuisance at common law or has been declared
by the Zoning Officer or other representative of the municipality
a public nuisance in accordance with Glen Rock Borough's Code, or
by the appropriate court.
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.
A violation of a state law or code or ordinance that poses
an imminent threat to the health and safety of a dwelling occupant,
occupants in surrounding structures or passersby.
A statute of the commonwealth or a regulation of an agency
charged with the administration and enforcement of commonwealth law.
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 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 Act";
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
Any successor law to any of the above statutes.
[Ord. 476 (2014-1), 5/21/2014]
1.
In addition to any other remedy available at law or in equity, Glen
Rock 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.
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.
B.
A proceeding in equity.
C.
A lien may be placed against the assets of an owner of real property
that is in serious violation of the 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.
[Ord. 476 (2014-1), 5/21/2014]
1.
A person who lives or has a principal place of residence outside
this commonwealth, who owns 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).
2.
Where, after reasonable efforts, service of process for a notice
or citation for any code violation for any real property owned by
an association or trust cannot be accomplished by handing a copy of
the notice or citation to an executive officer, partner or trustee
of the 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 to the registered office of the association
or trust. Where the association or trust does not have a registered
office, notice may occur by registered, certified or United States
Express Mail, to the mailing address used for real estate tax collection
purposes, if accompanied by posting of a conspicuous notice to the
property and by handing a copy of the notice or citation to the person
in charge of the property at that time.
[Ord. 476 (2014-1), 5/21/2014]
1.
Permit Application Form.[1]
A.
In addition to the requirements set forth in the governing ordinance, regulations or rules for the specific municipal permit being applied for under the ordinances referenced in the definition of "municipal permit" in § 10-203, all applications for a municipal permit shall include:
(1)
If the owner is an individual, the home address of the owner.
(2)
If the owner is an entity, its registered office and principal
place of business, type of entity, in what state it was formed, and
whether the entity has qualified to do business as a foreign entity
in Pennsylvania by filing with the Corporation Bureau of the Pennsylvania
Department of State under Title 15 of the Pennsylvania Consolidated
Statutes. The home address of at least one responsible officer, member,
trustee, or partner shall be also be included.
(3)
The applications shall also include a provision requiring the
owner to disclose real properties owned by the owner both inside of
Glen Rock Borough as well as in all other municipalities of the commonwealth:
(a)
In which there is a serious violation of state law or a code
and the owner has taken no substantial steps to correct the violation
within six months following notification of the violation;
(b)
For which fines or other penalties or a judgment to abate or
correct were imposed by a Magisterial District Judge or municipal
court, or a judgment at law or in equity was imposed by a court of
common pleas;
(c)
Real property owned in the commonwealth by the owner for which
there is a final and unappealable tax, water, sewer or refuse collection
delinquency on account of the actions of the owner. This provision
shall require the owner to disclose the street address, tax parcel
number, municipality, and county of each such real property. The provision
shall require the disclosure be under penalty as provided in 18 Pa.C.S.A.
§ 4904(a) for an unsworn falsification to a government officer
or employee (public servant) performing official functions.
B.
All applicants for a municipal permit shall accurately complete the
Permit Applicant Disclosure Form as from time to time adopted by resolution
of the Borough Council subject to a penalty as described in 18 Pa.C.S.A.
§ 4904.
[1]
Editor's Note: See also the Permit Applicant Disclosure Form included as an attachment to this chapter.
[Ord. 476 (2014-1), 5/21/2014]
1.
The Borough Code Official, or the Zoning Board or other appropriate
municipal representative, may deny issuing to an applicant a municipal
permit or rental license if the applicant owns real property in any
municipality for which there exists on the real property:
A.
A final and unappealable tax, water, sewer or refuse collection delinquency
on account of the actions of the owner; or
B.
A serious violation of state law, Borough Code or ordinance and the
owner has taken no substantial steps to correct the violation within
six months following notification of the violation and for which fines
or other penalties or a judgment to abate or correct were imposed
by a Magisterial District Judge or municipal court, or a judgment
at law or in equity was imposed by a court of common pleas. However,
no denial shall be permitted on the basis of a property for which
the judgment, order or decree is subject to a stay or supersedeas
by an order of a court of competent jurisdiction or automatically
allowed by statute or rule of court until the stay or supersedeas
is lifted by the court or a higher court or the stay or supersedeas
expires as otherwise provided by law. Where a stay or supersedeas
is in effect, the property owner shall so advise the municipality
seeking to deny a municipal permit.
2.
The Borough Code Official or other appropriate municipal representative
shall not deny a municipal permit to an applicant if the municipal
permit is necessary to correct a violation of state law, code or Borough
Code, provided all other conditions for the issuance of a municipal
permit have been met.
3.
The municipal permit denial shall not apply to an applicant's delinquency
on taxes, water, sewer or refuse collection charges that are under
appeal or otherwise contested through a court or administrative process.
4.
In issuing a denial of a municipal permit, the Borough Code Official
or Board shall issue the denial in writing and indicate the street
address, municipal corporation and county in which the property is
located and the court and docket number for each parcel cited as a
basis for the denial. The denial shall also state that the applicant
may request a letter of compliance from the appropriate state agency,
municipality or school district, in a form specified by such entity
as provided in the Act. The denial shall be delivered by U.S. certified,
registered, or express mail, return receipt requested, or personal
service in manner provided by the Pennsylvania Rules of Court for
Civil Procedure for original process; hand delivery by a member or
employee of Glen Rock Borough; or a private delivery service that
provides for a receipt, and such receipt is obtained or delivery is
refused.
5.
All municipal permits denied in accordance with this section shall
be withheld until an applicant obtains a letter from the appropriate
state agency, municipality or school district indicating the following:
A.
The property in question has no final and unappealable tax, water,
sewer or refuse delinquencies;
B.
The property in question is now in compliance with state law, Borough
Code or other applicable codes; or
C.
The owner of the property has presented and the appropriate state
agency or municipality has accepted a plan to begin remediation of
a serious violation of state law, Borough Code or other applicable
codes.
6.
If a letter of compliance or a letter of noncompliance, as the case
may be, is not issued within 45 days of the request, the property
shall be deemed to be in compliance for the purposes of this section.
The appropriate state agency, municipality or school district shall
specify the form in which the request for a compliance letter shall
be made. Such letters shall be verified by the appropriate municipal
officials before issuing to the applicant a municipal permit.
7.
Boards, including the Zoning Board, may deny approval of municipal
permits, which include special exception approval and variance relief,
in accordance with the requirements of this section, to the extent
that approval of the municipal permit is within the jurisdiction of
the Board. For purposes of this section, "Board" shall mean the Glen
Rock Borough Zoning Hearing Board or the Glen Rock Borough Council,
who are granted jurisdiction to render decisions in accordance with
the act of July 31, 1968 (P.L. 805, No. 247), known as the "Pennsylvania
Municipalities Planning Code."[1]
A.
In any proceeding before a board other than the governing body of
the municipality, the municipality may appear to present evidence
that the applicant is subject to a denial by the Board in accordance
with this section.
B.
For purposes of this section, a municipal permit may only be denied
to an applicant other than an owner if the applicant is acting under
the direction or with the permission of an owner; and that owner owns
real property subject to the denial as set forth herein.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
[Ord. 476 (2014-1), 5/21/2014]
The owner shall have a right to appeal the denial of a municipal
permit in accordance with the applicable law governing such municipal
permit. In the case of a denial by the Borough Code Official, the
appeal shall be made with 30 days of the denial to the Board of Appeals
established under the Uniform Construction Code unless the owner has
submitted to the Board of Appeals proof before the expiration of the
30 days that the owner is seeking proof of compliance under this Part,
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
hereunder. In case of a denial by the Zoning Board, the appeal shall
be to the Court of Common Pleas of York County.
[Ord. 476 (2014-1), 5/21/2014]
1.
Conflict With Other Law. In the event of a conflict between the requirements
of this Part 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.
2.
Relief for Inherited Property. 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 plan in accordance with Section 6131(b)(1)(iii)
of the Act, with Glen Rock Borough, 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. Such
opportunity shall be granted at the Borough's discretion and subject
to the revocation upon the devisee or heir's failure to proceed with
a payment plan, or to progress toward a complete remediation plan.
3.
Construal of Provisions. Nothing in this Part shall be construed
to abridge or alter the remedies now existing at common law or statute,
the provisions of this Part are in addition to such remedies.
[Ord. 476 (2014-1), 5/21/2014]
The Police, the Borough Council, authorized Borough representatives,
the Code Enforcement Officer or Agency and the Borough Solicitor,
and all others employed or appointed by Glen Rock Borough are authorized
to take all action necessary to ensure implementation of and effect
the purposes hereof.
[Ord. 476 (2014-1), 5/21/2014]
Glen Rock Borough reserves all rights and remedies existing
under statutes other than the Act, its ordinances implementing them,
and applicable case law to obtain recovery for the costs of preventing
and abatement of code violations and public nuisances to the fullest
extent allowed by law from mortgage lenders; trustees, and members
of liability companies, limited partners who provide property management
services to the real property as well as general partners of owners;
and officers, agents, and operators that are in control of a property
as an owner or otherwise hold them personally responsible for code
violations 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 in equity to the full extent
authorized by such statutes, ordinances and applicable case law. Such
action may be joined in one lawsuit against responsible parties with
an action brought under the Act.
