This chapter may be cited as the "Borough of Masontown Neighborhood
Blight Reclamation and Revitalization Ordinance."
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), 53 Pa.C.S.A. Chapter
61, known as the "Neighborhood Blight Reclamation and Revitalization Act."
BLIGHTED PROPERTY
Any of the following:
A.
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.
B.
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.
C.
A dwelling which, because it is dilapidated, unsanitary, unsafe,
vermin-infested or lacking in the facilities and equipment required
under the housing code of the municipality, has been designated by
the municipal department responsible for enforcement of the code as
unfit for human habitation.
D.
A structure which is a fire hazard or is otherwise dangerous
to the safety of persons or property.
E.
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.
F.
A vacant or unimproved lot or parcel of ground in a predominantly
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.
G.
An unoccupied property which has been tax delinquent for a period
of two years.
H.
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 agency.
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 a municipality.
COURT
The Court of Common Pleas of Fayette County.
MORTGAGE LENDER
A business association defined as a "banking institution" or "mortgage lender" under 7 Pa.C.S.A. Chapter
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 the act of
Dec. 19, 1996 (P.L. 1158, No. 177), § 1, 53 Pa.C.S.A. 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, 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.
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 Masontown Borough official a public nuisance in
accordance with the applicable Borough ordinances, or by the court.
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 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 PROPERTY
Tax delinquent real property as defined under:
A.
The act of July 7, 1947 (P.L. 1368, No. 542), known as the Real
Estate Tax Sale Law;
B.
The act of May 16, 1923 (P.L. 207, No. 153), referred to as
the Municipal Claim and Tax Lien Act;
C.
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
D.
Any successor law to any of the above statutes.
All ordinances or parts of ordinances in conflict herewith be
and are hereby repealed, except any ordinance or parts of ordinances
that authorize greater remedies than this chapter are preserved.
The provisions of this chapter shall be severable, and if any
of its provisions are found to be unconstitutional or illegal, the
validity of any of the remaining provisions of this chapter shall
not be affected thereby.