[Adopted 9-13-2012 by Ord. No. 1467]
This article may be cited as the "Borough of West View Neighborhood
Blight Reclamation and Revitalization Ordinance."
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:
ACT
The act of October 27, 2010 (P.L. 875, No. 90), 53 Pa.C.S.A.
Ch. 61, known as the Neighborhood Blight Reclamation and Revitalization
Act.
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. The term
does not include a subdivision and land development ordinance or a
zoning ordinance enacted by a municipality.
COURT
The Court of Common Pleas of Allegheny Canty.
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.
MUNICIPAL PERMITS
Privileges relating to real property granted by the Borough
of West View that are building permits (cite to Uniform Construction
Code Ordinance), zoning permits, special exceptions, conditional uses and
variances granted under the Borough of West View's Zoning Ordinance
(cite to Zoning Ordinance provisions) and (cite to the Rental License Ordinance, if any, as
well as any other ordinance authorizing a municipal permit affecting
real property for which the municipality desires deny permits under
this article). The term does not include decisions on the substantive
validity of a zoning ordinance or map, such a validity variance or
the acceptance of a curative amendment.
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. Ch.
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 of use,
is regarded as a public nuisance at common law or has been declared
by the Codes Official a public nuisance in accordance with International
Property Maintenance Code adopted by Ordinance 1418 (other ordinances cited here), 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 code that poses an imminent
threat to the health and safety of a dwelling occupant, occupants
in surrounding structures or a passerby, that is a building ordered
vacated in accordance with the Department of Labor and Industries
Regulations, 34 Pa. Code § 403.84, as amended, implementing
the Uniform Construction Code, the Act of November 10, 1999 (P.L.
491, No. 45), as amended, 35 P.S. § 7210.1103; a building
placarded as unfit for human habitation so as to prevent its use under
the Borough of West View Property Maintenance Code adopted by Ordinance
No. 809; or a vacant building whose exterior violates Section 304
of the 2009 ICC Property Maintenance Code adopted by Ordinance No.
1418, or any successor statute, regulation or Property Maintenance
Code.
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 property as defined under:
A.
The Act of July 7, 1947 (P.L. 1368, No. 541), known as the Real
Estate Tax State 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 any
successor law to any of the above statutes.
UNIFORM CONSTRUCTION CODE
The Act of November 10, 1999 (P.L. 491, No. 45), as amended,
35 P.S. §§ 7210.101 to 7210.1103 as implemented by
Ordinance No. 1418.
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 article are preserved.
The provisions of this article 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 article shall
not be affected thereby.
This article shall take effect in (accordance with the law)(_____
days).