[HISTORY: Adopted by the Council of the Borough
of Baden 11-18-2015 by Ord. No.
943. Amendments noted where applicable.]
GENERAL REFERENCES
Unsafe buildings — See Ch. 59.
Garbage, rubbish and refuse — See Ch. 102.
Grass, weeds and other vegetation — See Ch. 105.
Health standards — See Ch. 110.
Housing standards — See Ch. 113.
Property maintenance — See Ch. 141.
Open storage — See Ch. 161.
Nuisance vehicles — See Ch. 178.
Waste disposal — See Ch. 185.
This chapter shall be known as the "Borough of Baden Blight
Reclamation and Revitalization Ordinance."
The Borough Council finds it to be in the best interest of the
residents of the Borough of Baden to provide for certain protections
and safeguards in order to address deteriorated properties, public
nuisances and properties in serious violation of state law and/or
municipal codes. Such protections and safeguards include denial of
permits, and actions at law and in equity to address deteriorated
properties, which impact upon crime and quality of life of our residents
and require expenditure of public funds to correct and/or abate nuisances,
violations and delinquent municipal service accounts.
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:
Any building or structure that has been vacant for a period
in excess of six months from the date of a written notice from the
Borough to the owner of the real property, as shown on the last tax
rolls, and which either has had utilities discontinued at the property
or has one or more entrances or windows secured by boarding-up.
The Zoning Hearing Board or other body granted jurisdiction
to render decisions in accordance with the Municipalities Planning
Code,[1] the State Code, and the Code of the Borough of Baden,
or any board authorized to act in a similar manner by law.
The Borough of Baden, County of Beaver, Commonwealth of Pennsylvania.
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 Borough. The term does
not include a subdivision and land development ordinance or a zoning
ordinance enacted by the Borough.
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. 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 a municipality,
including, but not limited to, building permits, exceptions to zoning
ordinances and occupancy permits. The term includes approvals pursuant
to land use ordinances other than decisions on the substantive validity
of a zoning ordinance or map or the acceptance of a curative amendment.
Services provided at a cost by the Borough or other municipal
entity, including water service, sanitary sewer service, refuse collection
and parking allotments/facilities, which benefit individual properties
and also serve to benefit the overall welfare, safety and health of
all residents of the Borough.
A city, borough, incorporated town, township or home rule,
optional plan or optional charter municipality or municipal authority
in this commonwealth.
Any plant material harmful or injurious to health or physical
well-being, including, but not limited to, being physically harmful
or destructive to living beings; poison ivy, poison sumac, poison
oak, etc.
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.
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 a state law or a code that poses an imminent
threat to the health and safety of a dwelling occupant, occupants
in surrounding structures or passersby.
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 code 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;[2] the act of May 16, 1923 (P.L. 207, No. 153), referred
to as the "Municipal Claims and Tax Liens Law;"[3] or the Act of October 11, 1984 (P.L. 876, No. 171) known
as the "Third Class Borough Treasurer's Sale and Collection Act,"[4] located in any municipality in this commonwealth.
Any animal capable of transmitting the causative agent of
human disease or capable of producing human discomfort or injury,
including, but not limited to, mosquitoes, flies, mites, ticks, other
arthropods, and rodents and other vertebrates.
It is hereby found and declared that:
A.
Areas of the Borough are or may become blighted, with the resulting
impairment of taxable values upon which, in large part, Borough revenues
depend;
B.
Such blighted areas are detrimental or inimical to the health, safety,
morals, and general welfare of the citizens and to the economic welfare
of the Borough;
C.
In order to improve and maintain the general character of the Borough,
it is necessary to rehabilitate such blighted areas;
D.
The conditions found in blighted areas cannot be remedied by the
ordinary operations of private enterprise with due regard to the general
welfare of the public, without public participation;
E.
The purpose of this chapter is to rehabilitate such areas by eliminating
blight and blight factors within all areas of the Borough for the
protection of the health, safety, morals and general welfare of the
Borough; to preserve existing values of other properties within or
adjacent to such areas and all other areas of the Borough; and to
preserve the taxable value of the property within such areas and all
other areas of the Borough; and
F.
The necessity and the public interest for provisions set forth in
this chapter are hereby declared as a matter of legislative determination
to be a public purpose and for the protection of the health, safety
and welfare of the residents of the Borough.
It is hereby determined that the following uses, structures,
activities, and conditions are causes of blight or blighting factors
which, if allowed to exist, will tend to result in blighted and undesirable
neighborhoods. No person shall maintain or permit to be maintained
any causes of blight or blighting factors upon any property in the
Borough, whether owned, leased, rented, or occupied by such person,
as follows:
A.
In any area, the open storage upon any property, street or alley
of any unregistered/uninspected, abandoned and or inoperable motor
vehicle(s), trailer, camper, boat or other mobile equipment, except
in a completely enclosed building.
B.
In any area, the open storage upon any property, street or alley
of building materials, unless there is in force a valid building permit
issued by the Borough for construction upon such property, and such
shall include, but shall not be limited to, lumber, bricks, concrete
or cinder blocks, plumbing materials, electrical wiring or equipment,
shingles, mortar, concrete or cement, nails, screws, or any other
materials used for construction.
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The term "open storage," as used in this section, shall mean
such storage or accumulation which is visible from any public street
or sidewalk or from any adjoining property.
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C.
Any discarded, used, secondhand, salvaged, abandoned, or replaced
streetcars, boxcars, refrigerator cars, motor bus bodies, or similar
means of conveyance or structures of similar nature or construction
for places of habitation, residence, or business in the Borough.
D.
A building or structure which is structurally unsafe, or which is
not provided with adequate egress, or which constitutes a fire hazard,
or which is otherwise dangerous to human life, or which, in relation
to existing use, constitutes a hazard to safety or health or public
welfare by reason of inadequate maintenance, dilapidation, obsolescence,
or abandonment.
E.
Any land, the topography, geology, or configuration of which, whether
in natural state or as a result of grading operations, causes erosion,
subsidence, or surface water runoff problems of such magnitude as
to be injurious or potentially injurious to the public health, safety,
and welfare or to adjacent properties.
F.
Premises maintained so as to constitute a fire hazard by reason of
wood, rank overgrowth, or an accumulation of debris, whether the same
be a causative or only a contributing factor.
G.
A building or structure which has been abandoned, boarded up, partially
destroyed, or left unreasonably in a state of dilapidation or partial
construction.
H.
Any building, the condition of the paint on which causes dry rot,
warping, or termite infestation.
I.
Broken windows constituting a hazardous condition or inviting trespassers
or malicious mischief.
J.
Overgrown vegetation which is likely to harbor rats, vermin, or other
nuisances or which causes detriment to neighboring properties or property
values.
K.
Any dead, decayed, diseased, or hazardous tree, weeds, or debris
which constitutes an unsightly appearance, or which is dangerous to
the public safety and welfare, or which is detrimental to nearby property
values.
L.
It shall be the duty of the owners of all property located in the
Borough to trim and keep trimmed all trees and shrubs located upon
their property or upon or along the abutting street, sidewalk or adjoining
property so that:
(1)
There shall at all times be a clear space of at least 16 feet between
the lowest portion of every such tree and the surface of the roadway
of the street below.
(2)
There shall at all times be a clear space of at least eight feet
between the lowest portion of such tree and the surface of the sidewalk
below.
(3)
No portion of any shrub shall extend horizontally onto any sidewalk,
and it shall not exceed vertically more than four feet in height.
(4)
No portion of any shrub shall encroach or cause damage to adjoining
property.
(5)
No noxious, weeds, vegetation or shrubs shall be allowed to cultivate
on any property in the Borough of Baden.
M.
Any storage or display (except within an enclosed garage or building)
of any abandoned, wrecked, dismantled or inoperative vehicle or boat
or parts thereof on any premises open to view from a public street.
N.
Any nuisance dangerous to children and consisting of abandoned or
broken equipment, a hazardous pool, pond or excavation, or any abandoned,
unused, unprotected machinery, or any pool or reservoir, whether or
not the same contains any water or liquid, located upon property which
has not been occupied for a period of time.
O.
Any broken or discarded furniture or household equipment remaining
in any yard area causing damage or detriment to neighboring property.
P.
Any packing box or debris stored or maintained in any yard area and
visible from a public street, causing detriment to neighboring property.
Q.
The maintenance of premises in such condition as to be detrimental
to the public health, safety, or general welfare or in such manner
as to constitute a public nuisance.
R.
Any wall, fence, or hedge in such condition as to constitute a hazard
to persons or property or to cause depreciation in the value of any
adjacent or nearby property.
S.
Any premises upon which there is or is permitted to be building materials
(except those reasonably necessary for use in the construction of
a building or improvements on the same or a contiguous lot), rocks
(except in their natural state or location), dirt or fill materials
deposited contrary to any provisions of law, furniture or appliances
(except lawn furniture in residential yards), trash, refuse or any
accumulation of objects, animals, vegetation, or other things in such
quantity, arrangement, appearance, or condition as to cause depreciation
of property values in the immediate vicinity or so as to constitute
an eyesore or to interfere with or lessen the health, well-being,
enjoyment, or peace of other persons.
T.
Any premises upon which is conducted a junkyard, an automobile dismantling
facility, an automobile wrecking yard, or a house wrecking yard, including
the parking, placement, maintenance, storage, or repair of house wrecking
equipment or materials or houses or buildings being stored, moved,
or in transit, scrap metal processing, or storage of structural steel,
equipment, and materials, unless the same shall be located and conducted
solely within a zone in which the same is permissible and is conducted
in accordance with all laws and regulations applicable thereto.
U.
Any premises existing or maintained contrary to any valid law or
regulations, including premises that have insufficient ventilation
or illumination, or inadequate or unsanitary sewage or plumbing facilities,
are overcrowded with persons or animals, are determined by the Code
Official to be unclean or unsanitary, or are in a condition which
the Code Official determines to render air, food, or drink unwholesome
or detrimental to the health of human beings, or upon which stagnant
or contaminated water is deposited or remains.
V.
Any building or structure which has any or all of the following conditions
or defects which are not in accordance with the International Building
Code or International Property Maintenance Code:
(1)
Whenever any door, aisle, passageway, stairway, or other means of
exit is not of sufficient width or size, or is not so arranged, as
to provide a safe and adequate means of exit, in case of fire or panic,
for all persons housed or assembled therein who would be required
to, or might, use such door, aisle, passageway, stairway, or other
means of exit;
(2)
Whenever the stress in any material, member, or portion thereof,
due to all dead and live loads, is more than 1 1/2 times the
working stress or stresses allowed;
(3)
Whenever any portion thereof has been damaged by earthquake, wind,
flood, or by any other cause in such a manner that the structural
strength or stability thereof is appreciably less than it was before
such damage and is less than the minimum requirements for a new building
or similar structure, purpose, or location;
(4)
Whenever any portion or member, or appurtenance thereof, is likely
to fail, or to become detached or dislodged, or to collapse and thereby
injure persons or damage property;
(5)
Whenever any portion of a building, or any member or ornamentation
on the exterior thereof, is not of sufficient strength or stability
or is not so anchored, attached, or fastened in place so as to be
capable of resisting a wind pressure of 1/2 that specified without
exceeding the working stresses permitted;
(6)
Whenever any portion thereof has settled to such extent that walls
or other structural portions have materially less resistance to winds
than is required in the case of new construction;
(7)
Whenever any building or structure, or any portion thereof, because
of dilapidation, deterioration, decay, faulty construction, the removal
or movement of some portion of the ground necessary for the purpose
of supporting such building or portion thereof, or some other cause,
is likely to partially or completely collapse or some portion of the
foundation or underpinning is likely to fall or give way;
(8)
Whenever, for any reason whatsoever, a building or structure, or
any portion thereof, is manifestly unsafe for the purpose for which
it is used;
(9)
Whenever the exterior walls or vertical structural members list,
lean, or buckle to such an extent that a plumb line passing through
the center of gravity does not fall inside the middle 1/3 of the base;
(10)
Whenever the building or structure, exclusive of the foundation,
shows 33% or more damage or deterioration to the members or 50% damage
or deterioration of a nonsupporting enclosure or outside wall or covering;
(11)
Whenever the building or structure has been so damaged by fire,
wind, or flood, or has become so dilapidated or deteriorated, as to
become an attractive nuisance to children who might enter the same
or remain therein to their danger or hazard, or as to afford a harborage
for vagrants, criminals, or immoral persons, or as to enable persons
to resort thereto for the purpose of committing any nuisance or any
unlawful or immoral act;
(12)
Any building or structure which has been constructed or which
exists or is maintained in violation of any specific requirement or
prohibition applicable to such building or structure of the building
regulations of the Borough, as set forth in the International Building
Code or International Property Maintenance Code, or of any law or
ordinance of the state or Borough relating to the condition, location,
or structure of buildings;
(13)
Any building or structure which, whether or not erected in accordance
with all applicable laws and ordinances, has in any nonsupporting
part, member, or portion less than 50%, or in any supporting member
less than 66%, of the strength, fire-resisting qualities or characteristics,
or weather-resisting qualities or characteristics required by law
or ordinance in the case of like area, height, and occupancy in the
same location;
(14)
Whenever a building or structure used or intended to be used
for dwelling purposes, because of dilapidation, decay, damage, or
faulty construction or arrangement, or otherwise, is unsanitary or
unfit for human habitation, or is in a condition determined by the
Code Officer to be likely to cause sickness or disease, or is likely
to work injury to the health, safety, or general welfare of those
living within;
(15)
Whenever a building or structure used or intended to be used
for dwelling purposes has light, air, and sanitation facilities inadequate
to protect the health, safety, or general welfare of persons living
within; and
(16)
Whenever any building or structure, by reason of obsolescence,
dilapidated condition, deterioration, damage, electric wiring, gas
connections, heating apparatus, or other cause, is in such condition
as to be a fire hazard and is so situated as to endanger life or other
buildings or property in the vicinity or provide a ready fuel supply
to augment the spread and intensity of fire arising from any cause.
W.
Any property that encourages the presence of vectors, including any
of the following:
(1)
Any artificial alteration of property, excluding water, from its
natural condition, resulting in it supporting the development, attraction,
or harborage of vectors, with the presence of vectors in their developmental
states on property being prima facie evidence that the property is
a public nuisance;
(2)
Any water that is a breeding place for vectors, with the presence
of vectors in their developmental stages in the water being prima
facie evidence that the water is a public nuisance; or
(3)
Any activity that supports the development, attraction, or harborage
of vectors or that facilitates the introduction or spread of vectors.
A.
The Borough Council hereby finds that abandoned buildings are a public
nuisance.
B.
Such buildings or structures represent threats to the public health
and safety, because they:
(1)
Invite trespassers who would be unnoticed by occupants; or
(2)
Represent fire hazards because fires can begin without being observed
and reported by occupants; or
(3)
Can become infested with rats, insects and other vectors which can
adversely affect surrounding properties; or
(4)
Can become littered and serve as a dumping ground for garbage and
refuse; or
(5)
Can encourage criminal activity because the property is unsupervised.
C.
Such properties also represent a visual blight on the surrounding
neighborhood and reduce surrounding property values because such buildings
are often boarded-up or lack landscaping or structure maintenance
and repair.
D.
It is declared unlawful and a public nuisance for any owner of property
to allow to exist on property any building or structure, the doors,
windows or other openings of which are broken or missing. The temporary
boarding of doors, windows or other openings shall comply with requirements
promulgated by the Code Enforcement Officer.
(1)
The owner of any property has the obligation to temporarily board
openings as soon as practicable after the opening becomes broken or
missing. It shall be a violation of this section if the owner allows
the opening to remain unboarded more than 10 calendar days after written
notice from the Borough of the unsecure condition.
(2)
All temporary boarding of doors, windows, or other openings must
have a permanent boarding installed within 30 days after the opening
becomes broken or missing. If permanent boarding is not installed
after 30 days, the Code Enforcement Officer shall issue a written
letter notifying the owner of the need to install permanent boarding
within 10 days from the date of the letter. It shall be a violation
of this section if the owner does not install the permanent boarding
within 10 days from the notice provided by the Code Enforcement Officer.
E.
Abandoned buildings may be abated by demolition if the owner has
not caused the building to be occupied within six months of the date
of the notice from the Borough or has not taken any steps, as directed
by the Borough's notice, to eliminate the public nuisance(s)
associated with the structure. Any such abatement and/or demolition
shall be conducted pursuant to procedures established by the Borough
and state law. In addition to the procedures established, the Borough
shall provide notice of the abatement to any person with a record
interest in the property as disclosed on information readily available
to the Borough. Any such person or entity shall have the same rights
as the owner in the proceedings. Nothing herein shall require the
Borough to obtain a preliminary title report.
F.
The Borough Council hereby finds that economic conditions can reasonably
cause commercial buildings to be vacant for more than six months.
However, because of the demand for housing, the Council finds that
there generally is not a justifiable real estate market reason for
residential buildings to be vacant for this period of time. Therefore,
the Borough may enforce this provision on housing units on a timelier
basis than it may choose to do so for commercial units, if vacant
commercial units are maintained in a manner so as not to create a
public nuisance, but under no circumstances can the Borough enforce
within six months from the building being abandoned.
G.
The authority contained in this section is supplementary to any other
power of the Borough and does not supersede any other power of procedure.
A.
The Borough Council finds that the increase of graffiti on both public
and private buildings, structures, and other places creates a condition
of blight within the Borough that can result in the deterioration
of property values, business opportunities, and enjoyment of life
for persons using adjacent and surrounding properties. The Borough
Council further finds that the presence of graffiti is inconsistent
with the Borough's goals of maintaining property, preventing
crime, and preserving aesthetic standards. Unless graffiti is quickly
removed, it encourages the creation of additional graffiti on nearby
buildings and structures.
B.
The Borough Council declares that graffiti is a public nuisance,
and violators are subject to the penalties under this chapter or any
other applicable law.
The sale, service, and/or consumption of alcoholic beverages
has the potential to generate activity which may impact other uses
in an adverse manner. Such impacts may be mitigated in different ways,
including, but not limited to, hours of operation or the provisions
of adequate separation distances. This section provides requirements
for such mitigation.
A.
Any establishment that sells or uses any spirits, wine, beer, ale
or other liquid containing more than 1/2% of alcohol by volume which
is fit for beverage purposes shall not be located in any areas zoned
for residential purposes.
B.
Any establishment that sells or uses alcohol may not be situated
within 500 feet of each other.
C.
Any establishment that sells or uses alcohol may not be located within
500 feet of a church, library, school, adult day-care center, child-care
center, hospital, rehabilitation center, halfway house, or home for
aged or indigent persons.
Any violation of this chapter shall constitute a summary offense
punishable, upon conviction thereof by a District Justice, by a fine
up to $1,000 for the first two offenses. Subsequent offenses will
result in fines not exceeding $5,000 or $10,000, and/or a term of
imprisonment not to exceed 30 days. All fines and penalties shall
be in accordance with 53 P.S. § 39131.1.[1]
[1]
Editor's Note: 53 P.S. § 39131 et seq. was
repealed 3-19-2014 by P.L. 52, No. 22, § 368.
In addition to any other remedy available at law or in equity,
the Borough 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.
In personam actions.
(1)
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.
(2)
Notwithstanding any law limiting the form of action for the recovery
of penalties by a municipality for the violation of a code, the Borough
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 Borough to remedy any code
violation.
B.
A proceeding in equity.
C.
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 53 Pa.C.S.A. § 6111 of the Neighborhood Blight Reclamation
and Revitalization Act (relating to actions). 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.
A person who lives or has a principal place of residence outside
this commonwealth, who owns property in this commonwealth against
which code violations have been cited, and the person is charged under
18 Pa.C.S.A. (relating to crimes and offenses), and who has been properly
notified of the violations, may be extradited to this commonwealth
to face criminal prosecution to the full extent allowed and in the
manner authorized by 42 Pa.C.S.A. Ch. 91 (relating to detainers and
extradition).
B.
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
the notice or citation to an executive officer, partner or trustee
of the association or trust or to the manager, trustee or clerk in
charge of the property, the delivery of the notice or citation may
occur by registered, certified or United States Express Mail®,
accompanied by a delivery confirmation to the registered office of
the association or trust. Where the association or trust does not
have a registered office, notice may occur by registered, certified
or United States Express Mail®, to the mailing address used for
real estate tax collection purposes, if accompanied by the posting
of a conspicuous notice on the property and by handing a copy of the
notice or citation to the person in charge of the property at that
time.
A.
The Borough may deny issuing an applicant a municipal permit if the
applicant owns real property in any municipality for which there exists
on the real property:
(1)
Tax and/or municipal services delinquencies on account of the actions
of the owner; or
(2)
A serious violation and the owner has taken no substantial step to
correct the serious 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 Borough seeking to deny a municipal permit. The Borough 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.
B.
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.
C.
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 Borough 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
state agency, municipality or school district, in a form specified
by such entity as provided in this section.
D.
All municipal permits denied in accordance with this subsection may
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;
(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.
E.
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. The appropriate
state agency, municipality or school district shall specify the form
in which the request for a compliance letter shall be made. Letters
required under this section shall be verified by the appropriate municipal
officials before issuing to the applicant a municipal permit.
F.
Boards, including the Borough's Zoning Hearing Board, may deny
approval of municipal permits - which includes special exception approval
and variance relief - if warranted as set forth above, to the extent
that approval of such a municipal permit is within the jurisdiction
of the Board.
G.
In any proceeding before a Board other than the governing body of
the Borough, the Borough may appear to present evidence that the applicant
is subject to a denial by the Board in accordance with this section.
H.
For purposes of this subsection, 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 an owner and the owner owns
real property that is subject to denial as set forth above.
I.
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.
In the event of 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 regulated 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 given the opportunity to make payments on reasonable
terms to correct code violations or to enter into a remediation agreement
under Section 6131(b)(1)(iii) (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 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.
