This chapter shall be known and may be cited as the "Borough
of Morrisville Neighborhood Blight Reclamation and Revitalization
Ordinance."
Council finds it in the best interest of the residents of the
Borough of Morrisville to provide for certain protections 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 and quality
of life of the 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:
BOARD
The Morrisville Borough Zoning Hearing Board or other body
granted jurisdiction to render decisions in accordance with the Pennsylvania
Municipalities Planning Code, the Pennsylvania Borough Code, the Code of the Borough of Morrisville, or any other board
authorized to act in a similar manner by law.
BOROUGH
The Borough of Morrisville and its Council, officials, and
employees.
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 53 Pa.C.S.A.
Ch. 23, Subch. A (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 to the Borough or other municipal
entity, including water service, sanitary sewer service, and refuse
collection 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 Morrisville Borough ordinance
or 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 Claims 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
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 1937 (50 Stat. 88, 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 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.