[HISTORY: Adopted by the Borough Council
of the Borough of Yeadon as indicated in article histories. Amendments
noted where applicable.]
[Adopted 6-16-2016 by Ord. No. 1373]
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:
Knowledge of a violation listed on the seller's property
disclosure statement made pursuant to the act of July 2, 1996 (P.L.
500, No. 84), known as the "Real Estate Seller Disclosure Act,"[1] a violation appearing on a buyer's notification certificate
provided by a municipality or a violation that is a matter of public
record.
The closing date or, in cases where the property is sold
pursuant to the act of May 16, 1923 (P.L. 207, No. 153), referred
to as the "Municipal Claims and Tax Liens Law,"[2] the first day following the right of redemption period
authorized under the Municipal Claims and Tax Liens Law.
Knowledge of a violation based on actual or constructive
knowledge.
Any city, Borough, incorporated town, township, home rule
municipality, optional plan municipality, optional charter municipality
or any similar general purpose unit of government which may be created
or authorized by statute.
A violation of a building, housing, property maintenance
or fire code, which violation posed a threat to health, safety or
property but not a violation of such a code deemed by a court to be
de minimis.
A.
General rule. Within 18 months of the date of purchase or longer
subject to an agreement between the purchaser and the Borough of Yeadon,
authorized by the Borough Manager, any purchaser of any building,
structure or part of a building or structure known to have one or
more substantial violations of municipal codes relating to building,
housing, property maintenance or fire shall:
B.
Violations and penalties. Failure to comply with the requirements of Subsection A shall result in the purchaser being personally liable for the costs of repairs or demolition and a fine of not less than $1,000 and not more than $10,000. Fines shall be remitted to the Borough of Yeadon.
C.
Nuisance ordinances.
(1)
Any purchaser of any lot or parcel of land known to have one or more
substantial violations of Yeadon Borough's nuisance ordinances
relating to maintenance, health or safety is required to make a reasonable
attempt to abate the nuisance within one year of the date of purchase.
(2)
Failure to comply with the requirements of this subsection shall
result in the purchaser being personally liable for the cost of maintenance
and a fine of not less than $1,000 and not more than $10,000. Fines
shall be remitted to the Borough of Yeadon in which the lot or parcel
of land is located.
The Borough Manager and Borough Solicitor are hereby authorized
to enforce the provisions of this article.
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.
[Adopted 2-16-2017 by Ord. No. 1376]
This article may be cited
as the "Borough of Yeadon Municipal Code and Ordinance Compliance
Ordinance."
B.
The Council of the Borough of Yeadon finds that there exists deteriorated
properties within the Borough as a result of neglect by their owners
in violation of applicable state and municipal codes and municipal
ordinances;
C.
The Council of the Borough of Yeadon finds that the deteriorated
properties create public nuisances which have an impact on crime and
the quality of life of the Borough's residents and require significant
expenditures of public funds in order to abate and correct the nuisances;
D.
The Council of the Borough of Yeadon finds that the deteriorated
properties are being sold and purchased with knowledge of the existing
deteriorated conditions and no action is being taken by the sellers
and/or purchasers to remedy the existing condition;
E.
The Council of the Borough of Yeadon finds that the sale and purchase
of the deteriorated properties interferes with enforcement actions
initiated by the Borough of Yeadon, causes the Borough of Yeadon to
take unnecessary duplicative action and expend public funds unnecessarily
in initiating enforcement actions against both sellers and purchasers,
and allows the aforesaid buildings to remain in a deteriorated condition
for a longer period of time; and
F.
In order to protect the health, safety and welfare of the residents
of the Borough of Yeadon, the Council of the Borough has determined
it is appropriate to require purchasers of any such deteriorated properties
and/or public nuisances to remedy the existing conditions within a
reasonable amount of time of purchase or face penalties for failing
to do so.
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:
November 3, 2016 (P.L. 1047, No. 133), 68 P.S. Ch. 25, known
as the "Municipal Code and Ordinance Compliance Act."[1]
The Borough of Yeadon.
The Council of the Borough of Yeadon.
The closing date on which title and right to possess the
property transfers to the purchaser and in cases where the property
is sold pursuant to the act of May 16, 1923 (P.L. 207, No. 153), referred
to as the "Municipal Claims and Tax Liens Law,"[2] the first day following the right of redemption period
authorized under the Municipal Claims and Tax Liens Law.
A violation of an adopted building, housing, property maintenance
or fire code or maintenance, health or safety nuisance ordinance that
makes a building, structure or any part thereof unfit for human habitation
and is discovered during the course of a municipal inspection of a
property and disclosed to the record owner or prospective purchaser
of the property through issuance of a municipal report.
A certificate issued by the Borough as a result of the municipal
inspection of a property incident to the resale of the property that
identifies at least one substantial violation, and the purpose of
the certificate is to authorize the purchaser to access the property
for the purpose of correcting substantial violations pursuant to the
maintenance and repair provisions of this article.
A certificate issued by the Borough as a result of the municipal
inspection of a property incident to the resale of the property that
reveals a violation but no substantial violation, and the purpose
of the certificate is to authorize the purchaser to fully utilize
or reside in the property while correcting violations pursuant to
the maintenance and repair provisions of this article.
A condition which renders a building or structure, or any
part thereof, dangerous or injurious to the health, safety or physical
welfare of an occupant or the occupants of neighboring dwellings.
The condition may include substantial violations of a property that
show evidence of: a significant increase to the hazards of fire or
accident; inadequate sanitary facilities; vermin infestation; or a
condition of disrepair, dilapidation or structural defects such that
the cost of rehabilitation and repair would exceed 1/2 of the agreed-upon
purchase price of the property.
A certificate issued by the Borough stipulating that the
property meets all ordinances and codes and may be used or occupied
as intended.
A violation of a properly adopted building, housing, property
maintenance or fire code or maintenance, health or safety nuisance
ordinance that does not rise to the level of a substantial violation
and is discovered during the course of a municipal inspection of a
property and disclosed to the record owner or prospective purchaser
of the property through issuance of a municipal report.
Within 12 months of the date of purchase, or longer subject
to an agreement between the purchaser and the Borough, any purchaser
of any building, structure or part of a building or structure known
to have one or more violations or one or more substantial violations
of the Borough municipal codes relating to building, housing, property
maintenance or fire shall: bring the building, structure or that part
of a building or structure into compliance with those codes; or demolish
the building or structure in accordance with the law.
Any purchaser of any lot or parcel of land having one or more
substantial violations of Borough municipal nuisance ordinances relating
to maintenance, health or safety is required to make a reasonable
attempt to abate the nuisance within one year of the date of purchase.
If the Borough determines through an inspection that a property
has at least one substantial violation, the Borough may issue a temporary
access certificate solely for the purpose of correcting substantial
violations pursuant to the maintenance and repair provisions of the
Act.
A.
No occupancy. No person shall occupy a property during the term of
the temporary access certificate.
B.
Reinspection. The Borough shall reinspect the premises for the purposes
of determining compliance with the Borough Code. Provided, however,
the property owner may request an early inspection and the Borough
may conduct said reinspection consistent with the business of the
Borough. In the event that the substantial violations are not corrected
within 12 months, the Borough shall revoke the temporary access certificate
and avail itself of any remedies available at law. In the event that
the violations are corrected within 12 months, the Borough shall issue
an use and occupancy permit.
If the Borough determines through an inspection that a property
has at least one violation, the Borough may issue a temporary use
of occupancy and occupancy permit.
A.
Reinspection. The Borough shall reinspect the premises for the purposes
of determining compliance with the Borough Code. Provided, however,
the property owner may request an early inspection and the Borough
may conduct said reinspection consistent with the business of the
Borough. In the event that the violations are corrected within 12
months, the Borough shall issue an use and occupancy permit. In the
event that the violations are not corrected within 12 months, the
Borough shall revoke the temporary use and occupancy permit and avail
itself of any remedies available at law.
A.
Enforcement of this article shall be made by the filing of a criminal
complaint, pursuant to Pennsylvania Rules of Criminal Procedure, in
the appropriate Magisterial District Court. The Borough's solicitor
may assume charge of the prosecution without the consent of the district
attorney, as required under Pennsylvania Rules of Criminal Procedure.
B.
Violations of the property maintenance code or ordinance may also
be enforced by the institution of appropriate actions or proceedings
at law or in equity to prevent or restrain property maintenance provisions.
The violation of this article shall constitute a summary offense.
Any purchaser failing to comply with the requirements of this article
shall be held personally liable for the costs of repairs or demolition
and a criminal fine of $1,000 per violation or imprisonment, as allowed
by law for the punishment of a summary offense, plus court costs and
reasonable attorney fees incurred by the Borough in the enforcement
proceedings. A separate violation shall arise for each day of the
violation and for violation of each applicable section of this article.
Nothing in this article shall be construed to abridge or alter
the remedies now existing at common law, by statute or by ordinance,
but the provisions of this article are in addition to such remedies.
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.
