[HISTORY: Adopted by the Board of Supervisors of the Township
of Washington 8-24-2017 by Ord.
No. 2017-2.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance was originally adopted as Ch.
90 but was renumbered to maintain the organization of the Code.
This chapter shall be known and may be cited as the "Township
of Washington Blight Reclamation and Revitalization Ordinance."
The Township Supervisors find it to be in the best interests
of the residents of the Township to provide for certain protections
and safeguards in order to address properties for which the owners
thereof do not pay obligations owing by them to the Township; deteriorated
properties; public nuisances and/or properties in serious violation
of applicable laws. Such protections and safeguards include but are
not limited to denial of permits and actions at law and in equity
as permitted by Act 90 of 2010[1] and other applicable statutes.
[1]
Editor's Note: See 53 Pa.C.S.A. § 6101 et seq.
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 Neighborhood Blight Reclamation and Revitalization Act
of 2010.
All federal, state and/or municipal laws, codes, ordinances,
rules and/or regulations which create or enforce obligations for an
owner or occupant of property or person in charge of property, or
create or enforce obligations with respect to the maintenance and
upkeep of property.
A person or entity applying for a municipal permit.
The Township Supervisors, the Zoning Hearing Board or any
other body granted jurisdiction to render decisions in accordance
with the Pennsylvania Municipalities Planning Code, the Pennsylvania
Township Code, the Code of Ordinances of the Township, or any board
authorized to act in a similar manner by law.
A residential, commercial, industrial, or other structure
with walls and a roof, having a permanent, fixed location on land
or in water.
A building, housing, property maintenance, fire, health,
sanitary sewer connection, sanitary sewer charge, water charge, refuse
collection or other public safety ordinance enacted by the Township.
This term does not include a subdivision and land development ordinance
or a zoning ordinance enacted by a municipality.
The Commonwealth of Pennsylvania.
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. Chapter 61[1] (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
creates a security interest in the real property.
Privileges relating to real property granted by a municipality,
including but not limited to sanitary sewer connections, sanitary
sewer charges, water charges, refuse collection charges, building
permits, variances or special exceptions to zoning ordinances, and
occupancy permits. This term includes approvals pursuant to land use
ordinances other than decisions on the substantive validity of a zoning
ordinance or zoning map or the acceptance of a curative amendment.
Services provided at a cost by the Township or other municipal
entity, including but not limited to sanitary sewer services, water
services and refuse collection services, which benefit individual
properties and also serve to benefit the overall welfare, safety and
health of all residents of the Township.
A holder of 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 the assigns,
beneficiaries and lessees, provided such 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 an applicable law that poses an imminent threat
to the health and safety of a dwelling occupant, occupants in surrounding
structures, or passersby.
An affirmative action as determined by a property code official
or officer of the court on the part of an owner or managing agent
to remedy a serious violation of an applicable law, 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),[3] 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;[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 the commonwealth.
The Township of Washington, Berks County, Pennsylvania.
The Township Supervisors of the Township of Washington, Berks
County, Pennsylvania.
The Zoning Hearing Board of the Township.
In addition to any other remedies 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.
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.
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.
C.
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, decree or order is entered by a court of competent jurisdiction against the owner of the property for an adjudication under § 72-4 of this chapter (relating 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 the commonwealth, who owns property in the commonwealth against which code violations have been cited and such owner is charged under 18 Pa.C.S.A. (relating to crimes and offenses), and who has been properly notified of such violations, may be extradited to the commonwealth to face criminal prosecution to the full extent allowed and in the manner authorized by 42 Pa.C.S.A. Chapter 91 (relating to detainers and extradition).
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
such notice or citation to an executive officer, partner or trustee
of such association or trust, or to such manager, trustee or clerk
in charge of such property, the delivery of such notice or citation
may occur by registered or certified mail, return receipt requested,
postage prepaid, or by United States Express Mail, postage prepaid,
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 such notice or citation to the person in
charge of the property at that time.
A.
Permit application form.
(1)
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
permits," all applications for a municipal permit shall include the
following:
(a)
If the applicant is an individual, the full name and home address
of the applicant. If the applicant is not the owner of the property,
then the full name and home address of the owner, with a signed statement
of the owner authorizing the applicant to apply for the municipal
permit.
(b)
If the owner or applicant is an entity, its registered name
and any fictitious names used, the address of its registered office
in Pennsylvania, the address of its principal place of business, type
of entity, in what state it was formed, whether the entity has qualified
to do business as a foreign entity in the commonwealth by filing with
the Corporation Bureau of the Pennsylvania Department of State, and
the home address of at least one responsible officer, member, trustee,
or partner.
(c)
The application shall also include a provision requiring the
applicant to disclose real properties owned by the owner in the Township,
as well as in all other municipalities in the commonwealth at which
any of the following conditions exist:
[1]
A serious violation of any applicable laws or codes, and the
owner (or applicant, if it is responsible for maintaining the condition
of the real property) has taken no substantial steps to correct the
violation within six months following the notification of the serious
violation.
[2]
The imposition of fines, penalties, or judgments to abate or
correct the violations by a magisterial district court, housing court,
municipal court, or court of common pleas or appellate court, or a
judgment at law or in equity imposed by any court of competent jurisdiction.
[3]
A final and unappealable tax, water, sewer, refuse collection,
or other municipal service delinquency on the account of the actions
of the owner (or applicant, if the applicant is responsible for the
payment of taxes and/or fees for municipal services). The applicant
shall disclose the street address, tax parcel number, county, and
municipality of each such real property.
[4]
The disclosure required by this section shall be signed by the
applicant under the penalties for unsworn falsification to authorities
set forth in 18 Pa.C.S.A. § 4904.
B.
The Township or a board may deny issuing an applicant a municipal
permit if the applicant owns or is responsible for real property in
any municipality for which there exists on such real property:
(1)
A final and unappealable tax and/or municipal services delinquency
on account of the actions of the owner or applicant; or
(2)
A serious violation of any applicable law, and the owner or applicant
has taken no substantial steps to correct the serious violation within
six months following notification of such serious 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.
C.
Notwithstanding anything contained in Subsection B(1) of this section, no denial shall be permitted on the basis of a property for which the judgment, order or decree is subject to supersedeas by an order of a court, 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 or applicant shall so advise the Township or the board seeking to deny such municipal permit. The Township or the board shall not deny a municipal permit to an applicant if the municipal permit is necessary to correct a violation of any applicable law.
D.
The municipal permit denial shall not apply to an applicant's
delinquency on taxes or municipal services charges that are under
appeal, or otherwise contested through a court or administrative process,
or are being paid pursuant to an installment agreement between the
municipality and the applicant.
E.
In issuing a denial of a municipal permit based upon an applicant's
delinquency in real property taxes or charges for municipal services
or for failure to abate a serious violation of any applicable law
on real property that the applicant owns in the commonwealth, the
Township or the 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 commonwealth agency, municipality
or school district, in a form specified by such entity as provided
in this section.
F.
All municipal permits denied in accordance with this section may
be withheld until an applicant obtains a letter from the appropriate
commonwealth agency, municipality or school district indicating the
following:
(1)
The subject property has no final and unappealable delinquencies
for sanitary sewer connection charges, sanitary sewer charges, water
charges, refuse collection, permit fees, review fees and/or other
municipal charges;
(2)
The subject property is now in compliance with all applicable laws;
(3)
The owner of the subject property has presented, and the appropriate
commonwealth agency or municipality has accepted, a plan to commence
remediation of a serious violation of applicable law. Acceptance of
the plan may be contingent upon:
(a)
Commencement of the remediation plan within not less than 30
days following acceptance of the plan, or sooner if mutually agreeable
to both the property owner and the municipality;
(b)
Completion of the remediation plan within not less than 90 days
following commencement of the plan, or sooner if mutually agreeable
to both the property owner and the municipality.
G.
In the event the appropriate commonwealth agency, municipality or
school district fails to issue a letter indicating compliance or noncompliance,
as applicable, with sanitary sewer connection charges, sanitary sewer
charges, water charges, refuse collection, permit fees, review fees
and/or other municipal charges and/or with applicable laws, within
45 days of the request therefor, the subject property shall be deemed
to be in compliance for the purposes of this section. The appropriate
commonwealth agency, municipality or school district shall specify
the form in which the request for a compliance letter shall be made.
H.
Letters required under this section shall be verified by the appropriate
municipal officials before issuing a municipal permit to the applicant.
I.
Boards, including but not limited to the Zoning Hearing Board, may
deny approval of municipal permits, including but not limited to special
exception approval and variance relief, if warranted as set forth
above to the extent that approval of such municipal permit is within
the jurisdiction of such board.
J.
In any proceeding before a board other than the governing body of
the Township, the Township may appear and present evidence that the
applicant is subject to a denial by the board in accordance with this
section.
K.
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 the owner, and the owner owns
real property that is subject to denial as set forth above.
L.
A denial of a municipal permit shall be subject to the provisions of 2 Pa.C.S.A., Chapter 5, Subchapter B (relating to practice and procedure of local agencies), and Chapter 7, Subchapter 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.
The applicant shall have the right to appeal the denial of a
municipal permit in accordance with the law governing the issuance
of such municipal permit. In the case of a denial by the Building
Code Official or Property Maintenance Code Official, the appeal shall
be made within 30 days of the denial to the Board of Appeals established
under the Uniform Construction Code or the Property Maintenance Code,
unless the applicant has submitted to the Board of Appeals proof before
the expiration of 30 days that the applicant is seeking proof of compliance
as set forth herein, 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 has expired. In the case of a denial of a municipal
permit in the form of a special exception or variance by the Zoning
Hearing Board, or a conditional use by the Board of Supervisors, the
appeal shall be taken to the Court of Common Pleas in the manner provided
by the Pennsylvania Municipalities Planning Code, 53 P.S. § 10101
et seq. With respect to denials for reasons other than those authorized
by Act 90, the provisions of the Uniform Construction Code, Municipalities
Planning Code, or other applicable laws shall govern.
A denial of a municipal permit may be reversed only for the
following reasons:
A.
An authentic proof of compliance letter as described herein.
B.
Evidence of substantial steps taken to remedy the serious violation(s)
set forth in the denial.
C.
Evidence of an approved remedial plan to address the serious violation(s)
set forth in the denial.
D.
Evidence of a timely appeal or administrative contest of a tax, water,
sewer, or refuse collection delinquency.
E.
The failure of a commonwealth agency, school district, or municipality
to issue a proof of compliance within 45 days of a request.
G.
Any other verifiable evidence that establishes by a preponderance
of the evidence that a serious violation or collection delinquency
of tax, water, sewer, or refuse accounts does not exist.
In the event 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 registered 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 provided with the opportunity to make payments on reasonable terms to correct code violations or to enter into a remediation agreement under § 72-8F(3) of this chapter (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 municipal 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 Township Manager, Township Code Enforcement Officer and
the Township Solicitor, and all other persons employed or appointed
by the Township, are authorized to take all actions necessary to ensure
implementation of and effect the purposes of this chapter.
The Township reserves all rights and remedies existing under
statutes other than Act 90, its ordinances implementing them, and
applicable case law to obtain recovery for the costs of preventing
and abatement of violations, violations of applicable laws, and public
nuisances to the fullest extent allowed by law from mortgage lenders;
trustees and members of liability companies; property managers (including
but not limited to partners and other persons or entities who provide
property management services to the real property); general partners
of owners; and officers, agents, and operators who are in control
of a property as an owner or otherwise hold them personally responsible
for code violations and violations of applicable laws 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 equity to the full extent authorized by statutes,
ordinances, and applicable case law. Such action may be joined in
one lawsuit against responsible parties with an action brought under
Act 90.
The provisions of this chapter are severable. 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 of this chapter, but shall be confined in its operation
and application to the clause, sentence, subsection or section rendered.
It is hereby declared the intent of Township Council that this chapter
would have been adopted if such illegal, invalid or unconstitutional
clause, sentence, subsection or section had not been included herein.
