[HISTORY: Adopted by the Board of Supervisors of the Township
of Lower Makefield as indicated in article histories. Amendments noted
where applicable.]
[Adopted 12-5-2018 by Ord. No. 416]
This article may be cited as the "Neighborhood Blight Reclamation
and Revitalization Ordinance" or the "Blight Ordinance."
This purpose and intent of this article is to implement in Lower
Makefield Township the provisions of the Act of October 27, 2010 (P.L.
875, No. 90), 53 Pa.C.S.A. § 6101 et seq. known as the "Neighborhood
Blight Reclamation and Revitalization Act." There are deteriorated
properties located in Lower Makefield Township as a result of neglect
by their owners in violation of applicable state and municipal codes;
and these deteriorated properties create public nuisances which have
an impact on crime and the quality of life of our residents and require
significant expenditures of public funds in order to abate and correct
the nuisances; and in order to address these situations, it is appropriate
to deny certain governmental permits and approvals in order:
A.
To prohibit property owners from further extending their financial
commitments so as to render themselves unable to abate or correct
the code, statutory and regulatory violations or tax delinquencies.
B.
To reduce the likelihood that this municipal and other municipalities
will have to address the owners' neglect and resulting deteriorated
properties.
C.
To sanction the owners for not adhering to their legal obligations
to the Township of Lower Makefield, as well as to tenants, adjoining
property owners and neighborhoods.
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:
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."
Any of the following:
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; or
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; or
A dwelling which, because it is dilapidated, unsanitary, unsafe,
vermin-infested or lacking in the facilities and equipment required
the Township Code of Ordinances, has been designated by the Township
as unfit for human habitation; or
A structure which is a fire hazard or is otherwise dangerous
to the safety of persons or property; or
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;
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; or
An unoccupied property which has been tax delinquent for a period
of two years; or
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 Township or other appropriate code enforcement
agency.
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 the Township or any other municipality.
The Court of Common Pleas of Bucks County.
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 the Township of Lower Makefield that are building permits issued pursuant to the Code of Ordinances of the Township of Lower Makefield, and zoning permits, special exceptions, conditional uses and variances granted under Chapter 200, Zoning. 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 nor does it include a use and occupancy permit or certificate.
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.
Property which, because of its physical condition or use, is regarded as a public nuisance at common law or has been declared by the Township as a public nuisance in accordance with the Property Maintenance Code adopted in Chapter 153, Building Construction Code, Green adopted in Chapter 88, Uniform Construction Code adopted in Chapter 97, any other applicable Ordinance of Lower Makefield Township, or by the Court.
A plan for the correction of violations of state law or code
that is part of an agreement between the owner and the Township or
any other municipality in which the real property containing the violations
is located.
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 a passerby.
A 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 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 real property as defined under:
The Act of July 7, 1947 (P.L. 1368, No. 542), known as the Real
Estate Tax Sale Law[1]; or
The Act of May 16, 1923 (P.L. 207, No. 153), referred to as
the Municipal Claim and Tax Lien Act[2]; or
The Act of October 11, 1984 (P.L. 876, No. 171) known as the
Second Class City Treasurer's Sale and Collection Act[3]; located in the Township or any other municipality in
this commonwealth; or
Any successor law to any of the above statutes.
The Township of Lower Makefield, also known as Lower Makefield
Township, a second class township organized and operating pursuant
to the Act of May 1, 1933, P.L. 103, No. 69, also known as the "Second
Class Township Code," 53 P.S. § 65101, et seq.
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. 342, Codified at Chapter 97, Construction Code, Uniform.
A.
Actions. 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:
(1)
A proceeding in law.
(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; and/or
(b)
As authorized by the Act, the Township reserves the right to
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.
(2)
A proceeding in equity.
B.
Asset attachment.
(1)
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 Subsection A (relating to actions).
(2)
Limitations under the Act. In proceedings under the Act, except as
otherwise allowed by law, where the owner is an association or trust
no lien shall be imposed upon the individual assets of any limited
partner, shareholder, member or beneficiary of the owner.
C.
Reservation of rights and remedies under law other than the Act.
The Township reserves all rights and remedies existing under statutes
other than the Act, its ordinances implementing them, and applicable
case law to obtain recovery for the costs of preventing and abatement
of code violations and public nuisances to the fullest extent allowed
by law from mortgage lenders; trustees, and members of liability companies,
limited partners who provide property management services to the real
property as well as general partners of owners; and officers, agents,
and operators that are in control of a property as an owner or otherwise
hold them personally responsible for code violations 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 in equity to the full extent authorized by such statutes,
ordinances and applicable case law. Such action may be joined in one
lawsuit against responsible parties with an action brought under the
Act.
[Added 8-17-2022 by Ord. No. 432]
A.
Procedures after damage to a property. Where a building has been
damaged by fire, explosion, collapse or other act of God so as to
be incapable of being occupied or used, the owner of such building
shall, within 72 hours after such damage and/or occurrence, secure
and seal the building against access by unauthorized persons and shall
clear the site of debris incident to the occurrence.
B.
Notification of intent. Within two weeks after the damage and/or
occurrence, the owner or his agent shall, in writing, notify the Township
Building Code Official (BCO) of his or her intent to pursue one of
the following courses of action relative to the remediation of the
damaged building:
C.
Demolition of building and site clearance. In the event the owner
elects to demolish the building without any further building as listed
above, the owner, within 60 days of the damage or occurrence, shall
submit and secure a demolition permit from the Township. The building
shall be demolished and the site shall be cleared of all debris within
30 days of the issuance of said permit, unless extended by written
approval of the Township. Site clearance shall include the removal
of all debris from the foundation and backfilling with clean inorganic
fill.
D.
Demolition and rebuilding of structure. In the event that the owner elects to demolish the building and rebuild pursuant to Subsection B(2) or (3) listed above, the owner, within 90 days of the damage or occurrence, shall submit and file building plans with the Township and shall apply for, and secure, a demolition permit and a building permit for the structure. The building shall be demolished and the site cleared of all debris within 30 days of the issuance of the building permit.
E.
Repair of building. In the event that the owner elects to repair the building pursuant to Subsection B(4) above, the owner shall apply for a building permit, and shall submit any and all required building plans, within 90 days of the occurrence, and shall clear the site and begin construction within 30 days of the issuance of the building permit.
F.
Review by Building Official. On receipt of a written notification
of the owner's intent to demolish and rebuild the damaged structure
as required above, the Township Building Code Official (BCO) shall,
within but not later than 30 days upon notification, review the permit
applications and plans, as required, to determine if the permit can
be issued, or whether zoning relief is required for any proposed construction,
reconstruction or repair. If zoning relief is required as determined
by the Township Building Code Official (BCO), the owner shall submit
and apply for zoning relief, by submission of the required application
and other necessary documents, within 30 days of notice from the Township
Building Code Official (BCO) of the need for zoning relief. In the
interim, during the pendency of the zoning application, the property
owner shall shall secure a demolition permit, if required, at the
time of said application. Demolition shall be commenced on issuance
of the demolition permit and the site shall be cleared of all debris
within 30 days.
G.
Action against owner for failure to comply as determined by Board
of Supervisors; cost to become a lien.
(1)
Where the owner shall not have notified the Building Code Official
(BCO) as required by this section, or where said owner shall not have
taken action to secure necessary permits and undertaken demolition
or repair pursuant to the appropriate section or sections of this
section, the BCO shall notify the Board of Supervisors of the owner's
failure to comply with this chapter. Upon receipt of the notice by
the BCO, the Board of Supervisors shall review the matter, including
the reports of the BCO and the appropriate fire safety official, at
a public hearing to be scheduled within but not later than 30 days
of notice to the Board. The owner shall be notified of the hearing
to be scheduled by the Board, and shall be afforded the opportunity
to attend and be heard at the hearing. If the owner fails to appear
at the scheduled hearing, the Board shall proceed to review and make
a finding as to whether a safety hazard of the building exists, and,
in the event of such finding, the Board shall notify the property
owner, in writing, of the Board's decision.
(2)
After the Board's decision and in the event that the property
owner shall not have taken the required action(s) to secure permits
pursuant to this chapter within two weeks of notification of the Board's
finding of safety hazard, the Township, without further notice to
the owner, shall demolish the building or take such other action as
may be necessary to secure compliance with this chapter, and any and
all costs incurred by the Township for the demolition, including interest
charges and other assignable costs, such as legal and administrative
costs, shall be paid by the owner and secured by special assessment
and levy against the real property upon which the violation occurred,
and the expense so assessed shall constitute a lien and charge on
the real property on which it is levied until paid or otherwise discharged
and shall be collected in the same manner and at the same time as
other Township charges.
H.
Reservation of rights and remedies under law other than the Act.
The Township reserves all rights and remedies existing under statutes
other than the Act, its ordinances implementing them, and applicable
case law to obtain recovery for the costs of preventing and abatement
of code violations and public nuisances to the fullest extent allowed
by law from mortgage lenders; trustees, and members of liability companies,
limited partners who provide property management services to the real
property as well as general partners of owners; and officers, agents,
and operators that are in control of a property as an owner or otherwise
hold them personally responsible for code violations 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 in equity to the full extent authorized by such statutes,
ordinances and applicable case law. Such action may be joined in one
lawsuit against responsible parties with an action brought under the
Act.
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 permit" in § 152-3, all applications for a municipal permit shall include:
(a)
If the owner is an individual, the home address of the owner.
(b)
If the owner is an entity, its registered office and principal
place of business, type of entity, in what state it was formed, and
whether the entity has qualified to do business as a foreign entity
in Pennsylvania by filing with the Corporation Bureau of the Pennsylvania
Department of State under Title 15 of the Pennsylvania Consolidated
Statutes.
[1]
The home address of at least one responsible officer, member,
trustee, or partner shall be also be included.
(c)
The applications shall also include a provision requiring the
owner to disclose real properties owned by the owner both inside of
the Township as well as in all other municipalities of the commonwealth:
[1]
In which there is a serious violation of state law or a code
and the owner has taken no substantial steps to correct the violation
within six months following notification of the violation; and
[2]
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; and
[3]
Real property owned in the commonwealth by the owner for which
there is a final and unappealable tax, water, sewer or refuse collection
delinquency on account of the actions of the owner. This provision
shall require the owner to disclose the street address, tax parcel
number, municipality, and county of each such real property. The provision
shall require the disclosure be under penalty as provided in 18 Pa.C.S.A.
§ 4904(a) for an unsworn falsification to a government officer
or employee (public servant) performing official functions.
(2)
All applicants for a municipal permit shall accurately complete the
permit applicant disclosure form as from time-to-time adopted by resolution
of the Board of Supervisors subject to a penalty as described in 18
Pa.C.S.A. § 4904.
B.
Municipal permit denials and appeals.
(1)
Permit denial.
(a)
The Township, under Subsection B(1)(f), shall deny issuing to 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 or refuse collection
delinquency on account of the actions of the owner; or
[2]
A serious violation of state law or a code where the owner has
taken no substantial steps to correct the violation within six months
following notification of the 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. However, no denial shall be
permitted on the basis of a property for which the judgment, order
or decree is subject to a stay 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 municipality seeking to deny a municipal permit.
(b)
The Township shall not deny a municipal permit to an applicant
if the municipal permit is necessary to correct a violation of state
law or a code, provided all other conditions for the issuance of a
municipal permit have been met.
(c)
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.
(d)
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 shall issue
the denial in writing and 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 the Act. The denial
shall be delivered by United States certified, registered, or express
mail, return receipt requested (and such receipt is obtained or delivery
refused); personal service in manner provided by the Pennsylvania
Rules of Court for Civil Procedure for original process; hand delivery
by a member of the codes enforcement staff; or a private delivery
service that provides for a receipt (and such receipt is obtained
or delivery refused).
(e)
The information on the real property forming the basis for a municipal permit denial may be obtained by any official, or other employee or agent of the Township from the information disclosed by the owner in accordance with Subsection A or any other reliable information obtained through a search of records using governmental systems online or through direct contact with the office maintaining the systems such as the court docket systems maintained by the Administrative Office of the Pennsylvania Courts, county/city department of records, offices of the recorder of deeds, municipal and county tax collectors and treasurers, county tax claim bureaus, prothonotary and clerk of court, private online fee-based search services, and free searches on the Internet. Prior to making a determination on whether to deny a municipal permit, the Township using the services of the Township Manager, including his or her designee(s), Director of Planning and Zoning, or his or her designees, the Code Enforcement or other municipal staff or contracted service provider may conduct a search using the sources described in this Subsection B(1)(e).
(f)
Zoning Hearing Board.
[1]
Municipal permits may be denied by a board in accordance with
the requirements of this section to the extent that approval of the
municipal permit is within the jurisdiction of the board. For purposes
of this section, "Board" shall mean the Lower Makefield Township Zoning
Hearing Board granted jurisdiction to render decisions in accordance
with the Act of July 31, 1968 (P.L. 805, No. 247), known as the "Pennsylvania
Municipalities Planning Code," 53 P.S. § 10101 et seq.,
or successor statute.
[2]
In any proceeding before a board other than the Board of Supervisors,
the Township may appear to present evidence that the applicant is
subject to a denial by the board in accordance with this section.
(2)
Applicability of other laws. 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 7 Subch. B (relating
to judicial review of local agency action) or the Pennsylvania Municipalities
Planning Code,[1] for denials subject to the Act.
(a)
The Township shall review the permit applicant disclosure form and the searches, if any, in accordance with Subsection B(1)(e) prior to any plan or construction reviews or inspections to determine if such a review or inspection is unnecessary due to a municipal permit being denied under this Subsection B.
(b)
Right of appeal. The owner shall have a right to appeal the denial of a municipal permit in accordance with the applicable law governing such municipal permit. In the case of a denial by the Township, the appeal shall be made within 30 days of the denial to the Board of Appeals established under the Uniform Construction Code unless the owner has submitted to the Board of Appeals proof before the expiration of the 30 days that the owner is seeking proof of compliance under Subsection B(3), 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 under Subsection B(3) has expired. In case of a denial by the Lower Makefield Zoning Hearing Board the appeal shall be to the court of common pleas.
[1]
With respect to a denial under the grounds authorized by the
Act, the denial may only be reversed for the following reasons:
[b]
Evidence of substantial steps taken to remedy a
serious violation set forth on the denial confirmed by an order of
the Court or the Township.
[c]
Evidence of an approved remedial plan to address
a serious violation set forth on the denial.
[d]
Evidence of a timely appeal or administrative contest
of a tax, water sewer, or refuse collection delinquency.
[e]
A failure of a state agency, school district or
municipality to issue a proof of compliance within 45 days of a request.
[f]
A failure of a state agency or municipality to
provide the relief required under Section 6144 of the Act, or its
successor section or statute, to an heir or devisee.
[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.
[2]
With respect to denials for reasons other than those authorized
by the Act, the provisions of the Uniform Construction Code or applicable
zoning law shall govern. The owner shall be informed of the right,
time and place to make an appeal.
[1]
Editor's Note: See 2 Pa.C.S.A. § 551 et seq., 2
Pa.C.S.A. § 751 et seq., and 53 P.S. § 10101 et
seq., respectively.
(3)
Proof of compliance.
(a)
All municipal permits denied in accordance with this subsection
shall 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; or
[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 within 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.
(b)
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, provided a copy of the request has been delivered to the municipality where the municipal permit has been applied for in accordance with Subsection B(3)(d). The appropriate state agency, municipality or school district shall specify the form in which the request for a compliance letter shall be made.
(c)
Letters required under this section shall be verified by the
appropriate municipal officials before issuing to the applicant a
municipal permit.
(d)
An owner seeking to obtain a proof of compliance in order to
obtain a municipal permit that would otherwise be denied shall submit
a copy of the owner's request for proof of compliance within five
days of the date that request is sent to the appropriate state agency,
municipality or school district, to the municipality from which a
municipal permit is sought or submit the copy of the request with
the application for the municipal permit if such application is made
at a later date.
A.
Conflict with other law. In the event of a conflict between the requirements
of this article 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.), or successor statute, and the regulations
promulgated thereunder, the federal requirements shall prevail.
B.
Relief for inherited property. 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 plan in accordance with Section 6131(b)(1)(iii) of the Act, or its successor statute, and § 152-5B(3)(a)[3] (relating to municipal permit denial) with Lower Makefield Township to avoid subjecting the devisee's or heir's other properties to asset attachment or denial of permits and approvals on other properties owned by the devisee or heir.
C.
Exemptions. This article shall not apply to any building, structure,
or property owned by the United States, the commonwealth, the Township,
nor any of their respective agencies or political subdivisions.
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 are severable. If any section,
clause, sentence part or provision thereof shall be held illegal,
invalid, or unconstitutional by a court of competent jurisdiction,
such decision of the court shall not affect or impair any of the remaining
sections, clauses, sentences, parts or provisions of this article.
It is hereby declared to be the intent of the Township Supervisors
that this article would have been adopted if such illegal, invalid
or unconstitutional section, clause, sentence or part of a provision
had not been included herein.
[Adopted 12-5-2018 by Ord. No. 416]
This article may be cited as the "Registration of Vacant Properties
Ordinance" or "Vacant Properties Ordinance."
A.
The purpose of this article requiring the registration of all vacant
buildings and the payment of registration fees is:
(1)
To assist the Township in protecting the public health, safety and
welfare;
(2)
To monitor the number of vacant buildings in the Township;
(3)
To assess the effects of the condition of those buildings on nearby
businesses and the neighborhoods in which they are located, particularly
in light of fire safety hazards;
(4)
To require owners of such vacant buildings and structures to register
and pay related fees; and
(5)
To promote substantial efforts to rehabilitate such vacant buildings
and structures.
B.
The provisions of this article are applicable to the owners of such
vacant buildings as set forth herein and are in addition to and not
in lieu of any and all other applicable provisions of the ordinances
of the Township of Lower Makefield and all relevant codes and/or regulations
adopted therein.
C.
Administration and enforcement of this article shall be under the
control of the Township Manager or his or her designee(s).
For the purposes of this article, where terms are not defined,
such terms shall have ordinarily accepted meanings such as the context
implies. The following words shall have the meanings respectively
ascribed to them as follows:
Any real property located in the Township of Lower Makefield,
whether vacant or occupied, that is in default on a mortgage, has
had a "lis pendens" action filed against it by the lender holding
a mortgage on the property, is subject to an ongoing foreclosure action
by the lender, is subject to an application for a tax deed or pending
tax assessor's lien sale or sheriff's sale of real estate, or has
been transferred to the lender under a deed in lieu of foreclosure.
The designation of a property as "abandoned real property" shall remain
in place until such time as the property is sold or transferred to
a new owner, the foreclosure action has been dismissed, and any default
on the mortgage has been cured.
A building, structure or dwelling unit subject to the provisions
of this article if in place of one or more exterior doors, other than
a storm door, or of one or more windows, there is a sheet or sheets
of plywood or similar material covering the space for such door or
window.
Any structure having a roof and used or intended to be used
for the shelter of people, animals or property. The term "building"
shall include a "dwelling unit."
A mortgagee has initiated forbearance and/or foreclosure
proceedings against the mortgagor.
A single unit providing complete, independent living facilities
for one or more persons, including permanent provisions for living,
sleeping, eating, cooking and sanitation.
The facade, windows, doors, roof and all other parts of the
exterior of a building or structure.
The safe and lawful maintenance of the facade, windows, doors,
roof and all other parts of the exterior of the building or structure
and the maintenance of its major systems consisting of the roof, the
electrical and plumbing systems, the water supply system, the sewer
system, and the sidewalk, driveway, if any, and/or area of the lot,
as applicable, in a manner consistent with the requirements of the
codes of the Township of Lower Makefield, including, without limitation,
the 2018 International Property Maintenance Code.
The roof, the electrical and plumbing systems, the water
supply system, or the sewer system of a building or structure, and
the sidewalk, driveway, if any, and/or area of the lot upon which
a building or structure is situated.
Any bank, mortgage company, lender, partnership, firm, corporation,
or natural person having a legal or equitable interest in the property;
or is the entity noted in documents recorded in the official records
of the state, county or municipality as holding title to the property;
or otherwise having control of the property, including the holder
of a mortgage, guardian of the estate of any such person, and the
executor or administrator of the estate of such person if ordered
to take possession of real property by a court.
Written notice of a violation or requirement under this article
mailed, pursuant to first-class mail, to the last known address of
the owner of the property in question.
Unless considered as "abandoned real property" as defined
above as applied to a building or structure subject to the provisions
of this article, means where one or more persons actually conducts
a lawful business or resides in all or any part of the building as
the licensed business-occupant, or as the legal or equitable owner/occupant(s)
or tenant(s) on a permanent, nontransient basis, or any combination
of the same. For purposes of this article, evidence offered to prove
that a building is so occupied may include, but shall not be limited
to, the regular receipt of delivery of regular mail through the United
States Postal Service; proof of continual telephone, electric, gas,
heating, water and sewer services; a valid Township business license,
or the most recent, federal, state, or Township tax statements indicating
that the subject property is the official business or residence address
of the person or business claiming occupancy; or proof of tenant-occupied
property license inspection.
A building or structure or dwelling unit subject to the provisions
of this article in which any one or more exterior doors, other than
a storm door, is broken, open and/or closed, but without a properly
functioning lock to secure it, or if one or more windows is broken
or not capable of being locked and secured from intrusion or any combination
of the same.
Any person, agent, operator, firm or corporation having a
legal or equitable interest in the property; or recorded in the official
records of the state, county or Township as holding title to the property;
or otherwise having control of the property, including the guardian
of the estate of any such person, and the executor or administrator
of the estate of such person if ordered to take possession of real
property by a court.
Any building or structure or real estate situate in the Township
of Lower Makefield.
A public nuisance is:
Any building or structure which because of physical condition
or use has been declared a public nuisance in accordance with the
local housing, building, plumbing, fire and related codes.
Any building or structure which because of physical condition,
use or occupancy is considered an attractive nuisance to children
or other unauthorized person.
Any building or structure which because it is dilapidated, unsanitary,
unsafe, insect- or vermin-infested or lacking in the facilities and
equipment required by the Lower Makefield Township Code Ordinances
has been designated by the Township as a public nuisance.
Any building or structure which is a fire hazard or is otherwise
dangerous to the safety of person or property.
Any building or structure from which water, plumbing, heating,
sewage or other facilities have been disconnected, destroyed, removed
or ineffective so that the property creates a hazard to neighboring
properties.
Any building or structure which by reason of neglect or lack
of maintenance has become a place for accumulation of trash and debris
or a haven for rodents and other vermin.
Any building or structure which lacks an operable fire-protection
system meeting the requirements of all applicable provisions of the
Code of Township of Lower Makefield.
Any building or structure which as a result of its dilapidated,
unsanitary, unsafe, insect- or vermin-infested condition creates a
danger or a risk of danger to a neighboring property.
Any man-made object having an ascertainable stationary location
on or in land or water, whether or not affixed to the land.
The Township of Lower Makefield, also known as Lower Makefield
Township, a second class township organized and operating pursuant
to the Act of May 1, 1933, P.L. 103, No. 69, also known as the "Second
Class Township Code," 53 P.S. § 65101 et seq.
As applied to a building or structure subject to the provisions
of this article means no person or persons actually, currently conducts
a lawfully licensed business, or lawfully resides or lives in any
part of the building as the legal or equitable owner(s) or tenant-occupant(s),
or owner-occupants, or tenant(s) on a permanent nontransient basis.
A.
The requirements of this chapter shall be applicable to all abandoned
real property and every vacant building and structure in the Township
of Lower Makefield except as provided in this article.
B.
Registration shall be required for all abandoned real property and
any vacant buildings and structures, whether vacant and secure, vacant
and open, or vacant and boarded, except as provided in this article.
A.
Any mortgagee who holds a mortgage on real property located within
the Township of Lower Makefield shall perform an inspection of the
property to determine vacancy or occupancy, upon default by the mortgagor.
The mortgagee shall, within 10 days of the inspection, register the
property with the Township, or its designee(s), on forms or website
access provided by the Township, and indicate whether the property
is vacant or occupied. A separate registration is required for each
property, whether it is found to be vacant or occupied.
B.
If the property is occupied but remains in default, it shall be inspected
by the mortgagee or his or her designee(s) monthly until either:
(1)
The mortgagor or other party remedies the default; or
(2)
The property is found to be vacant or shows evidence of vacancy,
at which time it is deemed abandoned, and the mortgagee shall, within
10 days of that inspection, update the property registration to a
vacancy status on forms provided by the Township.
C.
Registration of abandoned property. Registration pursuant to this
section shall contain the name of the mortgagee and the mortgage servicer,
the direct mailing address of the mortgagee and the mortgage servicer,
a direct contact name and telephone number for both parties, e-mail
address for both parties, the tax map parcel number of the property,
and the name and twenty-four-hour contact phone number of the property
management company responsible for the security and maintenance of
the property.
(1)
Local agent. If none of the persons identified in the registration
statement pertaining to abandoned real property as a mortgagee thereof
is shown on the registration statement to have an address within the
Commonwealth of Pennsylvania, the registration statement shall also
provide the name and address of a person who resides within the Commonwealth
of Pennsylvania who is authorized to accept service of process on
behalf of the mortgagee or mortgagees and who shall be designated
as a responsible local party or agent, both for purposes of notification
in the event of an emergency affecting the public health, safety or
welfare, and for purposes of service of any and all notices or registration
statements as herein authorized and in connection herewith.
D.
All registration fees must be paid directly from the mortgagee, servicer,
trustee, or owner. Third-party registration fees are not allowed without
the consent, in writing, of the Township and/or its authorized designee(s).
E.
This section shall also apply to properties that have been the subject
of a foreclosure sale where the title was transferred to the beneficiary
of a mortgage involved in the foreclosure and any properties transferred
under a deed in lieu of foreclosure/sale.
F.
Properties subject to this section shall remain under the annual
registration requirement and the inspection, security and maintenance
standards of this chapter as long as they remain vacant, in default,
or identified as a public nuisance.
G.
Pursuant to any administrative or judicial finding and determination
that any property is in violation of this chapter, the Township may
take the necessary action to ensure compliance with the chapter and
place a lien on the property for the cost of the work performed to
benefit the property and bring it into compliance with the chapter.
H.
For purposes of this chapter, registration statements required under
this section initially shall be due no later than September 1, 2019,
and annually on September 1 each year after.
A.
Registration statement for vacant property. The owner of any building
that has been vacant for more than 45 consecutive days shall file
a registration statement with the Township. The registration statement
shall include the street address and tax map parcel number of each
such vacant building, the names and addresses of all owners, working
telephone numbers, and any other information deemed necessary by the
Township Manager or his or her designee(s). All owners and/or agents
are required to supply a point of contact or an emergency contact
person(s) and a working telephone number that has service 24 hours
a day and seven days a week.
(1)
For purposes of this chapter, the following shall also be applicable:
(a)
If the owner is a corporation, the registration statement shall
provide the names and resident addresses of all officers and directors
of the corporation and shall be accompanied by a copy of the most
recent relevant filing with the Secretary of State;
(b)
If the owner is an estate, the registration statement shall
provide the name and business address of the executor of the estate;
(c)
If the owner is a trust, the registration statement shall provide
the name and business address of all trustees, grantors and beneficiaries;
(d)
If the owner is a partnership, the registration statement shall
provide the names and residence addresses of all partners with an
ownership interest in the property of 10% or greater;
(e)
If the owner is any other form of unincorporated association,
the registration statement shall provide the names and residence addresses
of all partners with an ownership interest in the property of 10%
or greater;
(f)
If the owner is an individual, the registration statement shall
provide the name and residence address of that person.
(2)
Registration shall be required for all vacant buildings, whether
vacant and secure, vacant and open, or vacant and boarded, and where
such building has remained vacant for 45 consecutive days or more.
In no instance shall the registration of a vacant building be construed
to exonerate the owner, agent or responsible party from responsibility
for compliance with any other building code or housing code requirement.
One registration statement may be filed to include all vacant buildings
of the owner so registering, but the payment of all fees described
herein are required for each property so registered.
(3)
Each registration statement shall be valid for a period of one year.
If the property remains vacant upon the expiration of the registration
statement, the owner of the building shall be required to submit a
new registration statement to the Township Manager or his or her designee(s).
B.
Local agent. If none of the persons identified in the registration
statement as an owner or agent thereof is shown on the registration
statement to have an address within the Commonwealth of Pennsylvania,
the registration statement shall also provide the name and address
of a person who resides within the Commonwealth of Pennsylvania who
is authorized to accept service of process on behalf of the owners
and who shall be designated as a responsible local party or agent,
both for purposes of notification in the event of an emergency affecting
the public health, safety or welfare, and for purposes of service
of any and all notices or registration statements as herein authorized
and in connection herewith.
C.
For purposes of this chapter, registration statements required under
this section initially shall be due no later than September 1, 2019,
and annually on September 1 each year after.
A nonrefundable fee in accordance with the Housing Inspection
Fee Schedule Resolution shall be paid for any building registered
within 45 days of first becoming vacant and shall be renewed on an
annual basis with a fee in accordance with the Housing Inspection
Fee Schedule Resolution.
A.
Upon written application of the owner and upon satisfaction of the requirements set forth below, the Board of Supervisors may grant a waiver of the registration fee referenced in § 152-15. The waiver shall automatically expire after six months from the date the property first becomes vacant. Upon expiration of the waiver, all provisions of this chapter shall apply. No more than four waivers shall be granted per property. The waiver shall be granted if the owner satisfactorily demonstrates the all of following:
(1)
The owner is in the process of demolition, rehabilitation, or other
substantial repair of the vacant building; and
(2)
The anticipated length of time for the demolition, rehabilitation
or other substantial repair of the vacant building; and
(3)
All past-due vacant registration fees, if any, and all other financial
obligations and/or debts owed to the Township in connection with the
vacant property have been paid.
B.
The initial application shall be submitted to the Township Manager,
or his or her designee(s), who shall review the application and make
a recommendation to the Board of Supervisors based on the criteria
set forth above. The Board of Supervisors shall consider the Township
Manager's recommendation within 60 days of the date of receipt of
the written application. In the event that the Board of Supervisors
does not act within this time period, the application shall be deemed
approved.
C.
At all times, the burden of proof shall remain upon the owner of
the building to demonstrate that the waiver is appropriate in light
of the above factors. It is recommended that the owner submit any
available photos, plot plan, layout plan, price, agent and information
with the application for fee waiver to demonstrate the active marketing
of the property.
A.
At the time of registration, the Township shall conduct an inspection
of the premises, and advise the owner of any conditions that violate
the Township property maintenance code or similar codes, and shall
advise the owner of the actions necessary to abate such violation
or violations.
B.
Annual inspections. An inspection of the registered abandoned real
estate or vacant building may be performed by the Township annually
or as necessary. If violations are identified, the Township shall
issue a notice of violation as per the requirements of the Township
of Lower Makefield's Property Maintenance Code or Fire Code and give
notice to the mortgagee or owner to comply with the codes with a reasonable
time to cure. If the violations are not corrected within the time
given, the property shall be declared a public nuisance in accordance
with this article.
C.
Complaint inspections. Nothing in this section shall preclude a Township
official, or his or her designee(s), from performing an inspection
upon receipt of a complaint of violation of any Township ordinances.
D.
Search warrant. If any mortgagee, owner, local agent or other person
in charge of a building or structure subject to the provisions of
this chapter refuses, impedes, inhibits, interferes with, restricts
or obstructs entry and access to every part of the structure or premises
where inspection authorized by this chapter is sought, the appropriate
Township official may apply for an administrative search or inspection
warrant to a court of competent jurisdiction and shall supply all
necessary affidavits and testimony to indicate that there is a reasonable
or probable cause to conduct such an inspection.
E.
Notice. All notices scheduling an inspection shall be mailed via
regular mail to the owner of record, with a copy mailed via regular
mail to the local agent if applicable.
F.
Failure to appear for inspection. If the mortgagee, owner, or his
or her local agent cannot be available at the proposed time, said
mortgagee, owner or local agent shall provide no less than 24 hours'
written notice to the Township Manager or his or her designee(s).
Upon failure to give such written notice or upon failure to gain entry,
an administrative fee in accordance with the Housing Inspection Fee
Schedule Resolution will be assessed against the owner. For each rescheduling
beyond the second rescheduling, an administrative fee in accordance
with the Housing Inspection Fee Schedule Resolution shall be assessed.
Failure to pay the administrative fee shall, at the discretion of
the Township, constitute a violation of this chapter and/or the applicable
Township code. Failure of a mortgagee, owner or his/her local agent
to appear for a scheduled inspection shall be considered probable
cause for obtaining a search warrant to inspect the premises.
G.
Special requested inspections. Whenever an owner, mortgagee, purchaser
or other interested party requests a special inspection of a property
regulated by this chapter, or a certification that a property is in
compliance with this chapter or other applicable Township ordinances
pertaining to structural condition, if such request is made in connection
with the sale, conveyance, transfer, financing or refinancing of such
property, the requestor shall pay a fee in accordance with the Housing
Inspection Fee Schedule Resolution to the Township to defray the expenses
of making such inspection, which fee may be changed from time to time
by resolution of the Board of Supervisors.
A.
Upon notification from the Township that a property is vacant and requires registration, the owner shall have the right to appeal the imposition of the registration fees to the Board of Supervisors, upon filing an application in writing accompanied by a nonrefundable filing fee in accordance with the Housing Inspection Fee Schedule Resolution to the Township no later than 30 calendar days from the date of the notice. On appeal, the owner shall bear the burden of providing satisfactory objective proof that the property is occupied, per the definition of the term "occupied" set forth in § 152-11.
B.
Public nuisance and exterior or major systems non-Code compliance. The mortgagee or owner shall have the right to appeal the determination that a building or structure is a public nuisance or the exterior or major systems are non-Code compliant to the Lower Makefield Township Board of Appeals, established under § 97-5, upon filing an appeal in writing to the Township no later than 10 business days after notification of said determination. On appeal, the mortgagee or owner shall bear the burden that the property is not a public nuisance and the exterior and/or major systems, as applicable, are Code compliant.
After the owner is given notice that the registration fee(s) referenced in § 152-15 above is due, and the owner fails to pay the amount due, said amount shall constitute a debt due and owing to the Township, and the Township may file a municipal lien against the property as provided for by law, as well as take all other available legal action in order to collect such debt.
If the status of the registration information changes during
the course of any calendar year, it is the responsibility of the owner,
or the responsible person or agent of the owner, to contact the Township
Manager or his or her designee(s) within 30 days of the change and
advise the Township Manager or his or her designee(s) in writing of
those changes.
This article shall not apply to any building, structure, or
property owned by the United States, the commonwealth, the Township,
nor any of their respective agencies or political subdivisions.
In no instance shall the registration of abandoned real estate
or a vacant building and the payment of registration fees be construed
to exonerate the owner, local agent or other responsible party from
responsibility for compliance with any other Township code or ordinance.
A.
The failure or refusal for any reason of any owner, or agent of an owner acting on behalf of the owner, to register a vacant building or to pay the registration fee required in this article, or to otherwise fail to comply with the provisions of this article, shall constitute a summary offense punishable upon conviction thereof by a fine of not less than $100 nor more than $500 for each failure or refusal to register, or for each failure or refusal to pay a required vacant building fee, as applicable. Each day that a violation of this article continues shall constitute a separate offense. The penalties imposed under this article shall be in addition to the cost of prosecution and reasonable attorney's fees, and also be in addition to the registration fee in accordance with the Housing Inspection Fee Schedule Resolution pursuant to § 152-15.
B.
In addition, the Township may institute suits, in equity or at law,
to restrain, prevent, or abate a violation of this article. Such proceedings
may be initiated before any court of competent jurisdiction. The expense
of such proceedings shall be recoverable from the violator in any
manner as may now or hereafter be provided by law.
The penalty, collection and lien provisions of this chapter
shall be independent, non-mutually exclusive separate remedies, all
of which shall be available to the Township as may be deemed appropriate
for carrying out the proposes of this chapter. The remedies and procedures
provided in this article for violation hereof are not intended to
supplant or replace to any degree the remedies and procedures available
to the Township in the case of a violation of any other Township Code
or Ordinance, whether or not such other code or ordinance is referenced
in this chapter, and whether or not an ongoing violation of such other
code or ordinance is cited as the underlying ground for a finding
of a violation of this chapter.
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 are severable. If any section,
clause, sentence part or provision thereof shall be held illegal,
invalid, or unconstitutional by a court of competent jurisdiction,
such decision of the court shall not affect or impair any of the remaining
sections, clauses, sentences, parts or provisions of this article.
It is hereby declared to be the intent of the Township Supervisors
that this article would have been adopted if such illegal, invalid
or unconstitutional section, clause, sentence or part of a provision
had not been included herein.
