[HISTORY: Adopted by the Township Council of the Township
of Upper Darby 10-5-2011 by Ord.
No. 2996. Amendments noted where applicable.]
This chapter shall be known and may be cited as the "Upper Darby
Township Neighborhood Blight Reclamation and Revitalization Ordinance."
The Council of Upper Darby Township finds it to be the best
interest of the residents of the Township of Upper Darby 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:
The Zoning Hearing Board or other body granted jurisdiction
to render decisions in accordance with the Pennsylvania Municipalities
Planning Code, the Home Rule Charter, the codes and ordinances of
the Township of Upper Darby, or any board authorized to act in a similar
manner by law.
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 the Township. The term does
not include a subdivision and land development ordinance or a zoning
ordinance enacted by a municipality.
The appropriate court of common pleas or magisterial district
judge court.
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 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.
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).
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.
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.
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.
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 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 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 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.
The Township of Upper Darby, County of Delaware, Commonwealth
of Pennsylvania.
In addition to any other remedy available at law or in equity,
the Township 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.
Actions.
(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 recovery
of penalties by a municipality for the violation of a code, the Township
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 Township to remedy any code
violation.
B.
A proceeding in equity.
A.
General rule. 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 against the owner of the property for an adjudication under § 235-4 (related to actions).
B.
Construction. 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.
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).
Where, after reasonable efforts, service or 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 of the trustee
or 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:
A.
To the registered office of the association or trust; or
B.
Where the association or trust does not have a registered office,
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 Township 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)
A final and unappealable tax, water, sewer, refuse collection or
other municipal services delinquency on account of the actions of
the owner; or
(2)
A serious violation of state law of a code or municipal code; 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 and 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 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 Township or board seeking to
deny a municipal permit. The Township 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 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 Township 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 with 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.
F.
Letters required under this section shall be verified by the appropriate
municipal officials before issuing to the applicant a municipal permit.
G.
Denial of permits.
(1)
Boards, including the Township Zoning Hearing Board, may deny approval
of municipal permits - which includes special exception approval and
variance relief - if warranted, as set forth, to the extent that approval
of such a municipal permit is within the jurisdiction of the board.
(2)
In any proceeding before a board other than the governing body of
the Township, the Township may appear to present evidence that the
applicant is subject to a denial by the board in accordance with this
section.
(3)
For the purposes of this subsection, 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.
H.
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 Ch. 7 Subch. B (relating to judicial review of local agency action) or the Pennsylvania Municipalities Planning Code for denials subject to the Act.
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 § 235-8D(3) (relating to municipal permit denial) with a municipality to avoid subjecting the devisee's or heir's other properties to asset attachment or denials 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.
The Mayor, the Chief Administrative Officer and Township Solicitor,
and all others employed or appointed by the Township, are authorized
to take all actions necessary to ensure implementation of and effect
the purpose hereof.
The provisions of this chapter are severable, and if any clause,
sentence, subsection or section hereof shall be adjudged by any court
of competent jurisdiction to be illegal, invalid or unconstitutional,
such judgment or decision shall not affect, impair or invalidate the
remainder but shall be confined in its operation and application to
the clause, sentence, subsection or section rendered illegal, invalid
or unconstitutional. It is hereby declared the intent of the Council
that this chapter would have been adopted if such illegal, invalid,
or unconstitutional clause, sentence, subsection, or section had not
been included therein.
