[HISTORY: Adopted by the Borough Council of the Borough of
Folcroft as indicated in article histories. Amendments noted where
applicable.]
[Adopted 11-19-2013 by Ord. No. 2013-08]
This article shall be known as the "Folcroft Borough Blight
Reclamation and Revitalization Ordinance."
The Borough Council finds it to be the best interest of the
residents of the Borough of Folcroft 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 article,
shall have the meanings given to them in this section unless the context
clearly indicates otherwise.
The Borough of Folcroft, County of Delaware, Commonwealth
of Pennsylvania.
Refers to a residential, commercial or industrial building
or structure and the land appurtenant to it.
Refers to 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.
Refers to the appropriate court of common pleas or Magisterial
District Judge court.
Refers to 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.
Refers to 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.
Refers to 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.
Refers to 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).
Refers to 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.
Refers to 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.
Refers to 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.
Refers to a statute of the commonwealth or a regulation of
an agency charged with the administration and enforcement of commonwealth
law.
Refers to 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.
Refers to 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";[3] the Act of May 16, 1923 (P.L. 207, No. 153), referred
to as the "Municipal Claims and Tax Lien Law";[4] or the Act of October 11, 1984 (P.L. 876, No. 171) known
as the "Second Class City Treasurer's Sale and Collection Act,"[5] located in any municipality in this commonwealth.
In addition to any other remedy available at law or in equity,
the 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.
Initiation of action; recovery of penalty and costs.
(1)
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.
(2)
Notwithstanding any law limiting the form of action for the recovery
of penalties by a municipality for the violation of a code, the Borough
may recover, in a single action under this section, an amount equal
to any penalties imposed against the owner and any costs of remediation
lawfully incurred by or on behalf of the Borough to remedy any code
violation.
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 a 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 Section 6111 (relating to actions).[1] Nothing in this section shall be construed to authorize,
in the case of an owner that is an association or trust, a lien on
the individual assets of the general partner or trustee, except as
otherwise allowed by law, limited partner, shareholder, member or
beneficiary of the association or trust.
[1]
Editor's Note: See 53 Pa.C.S.A. § 6111.
A.
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).
B.
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 citation 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 the 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.
A.
The Borough or a Board may deny issuing an applicant a municipal
permit if the applicant owns real property in any municipality for
which there exists on the real property:
(1)
Tax and/or municipal services delinquencies on account of the actions
of the owner; or
(2)
A serious violation and the owner has taken no substantial step to
correct the serious 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 Borough or board seeking to deny a municipal permit. The Borough
or board shall not deny a municipal permit to an applicant if the
municipal permit is necessary to correct a violation of state law
or a code.
B.
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.
C.
In issuing a denial of a municipal permit based on an applicant's
delinquency in real property taxes or municipal charges or for failure
to abate a serious violation of state law or a code on real property
that the applicant owns in this commonwealth, the Borough or board
shall 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 this section.
D.
All municipal permits denied in accordance with this section may
be withheld until an applicant obtains a letter from the appropriate
state agency, municipality or school district indicating the following:
(1)
The property in question has no final and unappealable tax, water,
sewer or refuse delinquencies;
(2)
The property in question is now in state law and code compliance;
or
(3)
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 or a code. Acceptance of the plan
may be contingent on:
(a)
Beginning the remediation plan within no fewer than 30 days
following acceptance of the plan or sooner, if mutually agreeable
to both the property owner and the municipality.
(b)
Completing the remediation plan within no fewer than 90 days
following commencement of the plan or sooner, if mutually agreeable
to both the property owner and the municipality.
E.
In the event that the appropriate state agency, municipality or school
district fails to issue a letter indicating tax, water, sewer, refuse,
state law or code compliance or noncompliance, as the case may be,
within 45 days of the request, the property in question shall be deemed
to be in compliance for the purpose 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. Letters
required under this section shall be verified by the appropriate municipal
officials before issuing to the applicant a municipal permit.
F.
Boards, including the Borough Zoning Hearing Board, may deny approval
of municipal permits, which includes special exception approval and
variance relief, if warranted as set forth above to the extent that
approval of such a municipal permit is within the jurisdiction of
the Board.
G.
In any proceeding before a board other than the governing body of
the Borough, the Borough may appear to present evidence that the applicant
is subject to a denial by the board in accordance with this section.
H.
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 the owner owns
real property that is subject to denial as set forth above.
I.
A denial of a municipal permit shall be subject to the provisions of 2 Pa.C.S.A. Ch. 5, Subch. B (relating to practice and procedure of local agencies) and 7, Subch. B (relating to judicial review of local agency action) or the Pennsylvania Municipalities Planning Code,[1] for denials subject to the act.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
In the event of a conflict between the requirements of this
article 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 Section 6131(b)(1)(iii) (relating to municipal permit denial)[1] 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.
[1]
Editor's Note: See 53 Pa.C.S.A. § 6131(b)(1)(iii).
Nothing in this article shall be construed to abridge or alter
the remedies now existing at common law or by statute, but the provisions
of this article are in addition to such remedies.
[Adopted 11-19-2013 by Ord. No. 2013-09]
The following words, terms, and phrases, when used in this article,
shall have the meaning ascribed to them in this section, except where
the context indicates a different meaning:
Real property that is accessible to the public, either in
general or through an open and unsecured door, window, gate, fence,
wall or other such openings.
Any condition that is on its own, or combined with other
conditions present, would lead a reasonable person to believe that
the property is vacant. Such conditions include, but are not limited
to, overgrown or dead vegetation, accumulation of newspapers, junk
or debris, the absence of window covering such as curtains, blinds,
or shutters, the absence of furnishings or personal items consistent
with residential habitation, statements by neighbors, passersby, delivery
agents, or government employees that that property is vacant.
Any building, structure, tank or real property that is or
has been unoccupied or occupied by a person without legal right of
occupancy.
Owners and/or owner's agents of real property are required
to register all vacant property within 30 days of the vacancy or of
the effective date of this article, whichever is later. Registration
pursuant to this section shall be renewed every six months. Registration
required by this article shall include the following information and
requisite fees and documents:
A.
Name, address and contact number of the owner.
B.
Names, address and contact number of the local agent or representative
for the property.
C.
Name, address and contact number of the management company assigned
to the property for the security and maintenance of the property.
D.
Common address and tax parcel identification of the property.
E.
The date on which the property became vacant.
F.
Affirmation of utility connections or disconnections.
G.
Signed maintenance plan agreement as required by this article.
H.
Evidence of the posting of a sign with the name, address and telephone
number of the current owner in a conspicuous location on the building
property or tank.
I.
A $50 registration fee each time a residential building or tank is
registered.
J.
A $100 registration fee each time a commercial or industrial building
is registered.
It is declared a public nuisance for any owner to cause, permit
or maintain any property condition contrary to the provisions of this
article. The owner or owner's agent mush adhere to the vacant
property maintenance plan as contained in this section and the time
schedule requirements on the registration.
A.
The owner or owner's agent will perform regular weekly inspections
to assure compliance with the requirements of this section.
B.
The owner or owner's agent shall allow access by the Borough
Code Inspectors and/or Fire Marshal for the purpose of inspection
and in case of emergency.
C.
Utilities must be properly disconnected or connected and in proper
working order.
E.
Weeds shall be removed from landscape beds, the perimeter of buildings,
along fence lines and in parking lot joints and cracks.
F.
Grass height shall be maintained no higher than four inches and the
trimmings removed from the property.
G.
Exterior properties shall be kept free of junk and debris, including
but not limited to newspapers, flyers, circulars, furniture, appliances,
containers, equipment, vehicle parts, garbage, clothing, inoperable
vehicles, boats and campers, tires, drums, or any other items that
give the appearance that the property is vacant.
H.
Building appurtenances must be securely attached so as not to cause
a blighting condition, including but not limited to gutters, downspouts,
shutters, railing guards, steps, awnings, canopies, signs, light fixtures,
and fire escapes.
I.
Detached signs and lighting systems shall be structurally sound and
maintained so as not to cause a blighting condition, or removed.
J.
Property fencing and retaining walls shall be maintained structurally
sound. Any fence or wall with broken or hanging components shall be
repaired, straightened, or removed.
K.
The property shall be free of graffiti or similar markings by removal
or painting over with a color that matches the exterior of the structure.
L.
Perishables shall be removed from the interior of the structures.
M.
Interior of all structures must be clear of all trash, debris, flammable
liquids, vehicles, chemicals, any and all threats to human life.
N.
Any back driveway or alleyway part of the property shall be maintained
structurally sound.
Properties subject to this article shall be maintained in a
secure manner so as not to be accessible to unauthorized persons.
Secure manner includes, but is not limited to, closing and locking
of windows, doors, and any other opening that may allow access to
the interior of any structure on the property. Broken glass shall
be replaced. Boarding over windows can only be for a ninety-day period,
after which the window will be repaired and glass replaced.
A.
Failure to register an vacant property in accordance with this article
shall result in a fine being levied by the Borough against the owner
and the property in the sum of $500.
B.
Failure to comply with the terms of a vacant property maintenance
plan under this article shall result in a fine being levied by the
Borough against the owner and the property in the amount of $1,000
and revocation of the registration as a vacant property under this
article.
All Borough officials are authorized to take all action necessary
to ensure implementation of and effect the purpose hereof.
