City of Shamokin, PA Chapter 148 Blight Reclamation and Revitalization

[HISTORY: Adopted by the City Council of the City of Shamokin 2-11-2013 by Ord. No. 13-01. Amendments noted where applicable.]

§ 148-1 Short title.

This chapter may be cited as the "City of Shamokin Neighborhood Blight Reclamation and Revitalization Ordinance".

§ 148-2 Purpose.

A. This chapter is to implement in the City of Shamokin the provisions of 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" which is commonly referred to as "Act 90."

B. The City Council of the City of Shamokin finds that:

(1) There are deteriorated properties located in the City of Shamokin which, as a result of neglect by their owners, are in violation of applicable state and municipal codes;

(2) These deteriorated properties create public nuisances which have an impact on crime and quality of life of our residents and require significant expenditures of public funds in order to abate and correct the nuisances; and

(3) In order to address these situations, it is appropriate to deny certain government 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 municipality and other municipalities will have to address owners' neglect and resulting deteriorated properties; and

(c) To sanction the owners for not adhering to their legal obligations to the City of Shamokin, as well as to tenants, adjoining property owners and neighborhoods.

§ 148-3 Definitions.

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:

ACT

The act of October 27, 2010 (P.L. 875, No. 90), 53 Pa.C.S.A. Ch. 61, known as the "Neighborhood Blight Reclamation and Revitalization Act" and commonly referred to as "Act 90."

BUILDING

A residential, commercial or industrial building or structure and the land appurtenant to it.

CODE

A building, housing, property maintenance, fire, health or other public safety ordinance enacted by a municipality. The term does not include a subdivision and land development ordinance or a zoning ordinance enacted by a municipality.

COURT

The Court of Common Pleas of Northumberland County, Pennsylvania

MORTGAGE LENDER

A business association defined as a "banking institution" or "mortgage lender" under 7 Pa.C.S.A. Ch. 61 (relating to mortgage loan industry licensing and consumer protection) that is in possession of or holds title to real property pursuant to, in enforcement of, or to protect rights arising under a mortgage, mortgage note or deed of trust or other transition that created a security interest in the real property.

MUNICIPAL PERMITS

Privileges relating to real property granted by the City of Shamokin that are building permits, Pennsylvania Uniform Construction Code permits, rental licenses, inspection certificates, zoning permits, special exceptions, conditional uses and variances granted under Chapter 510, Zoning, the City of Shamokin Code in general and also any applicable state law, as well as any other ordinance authorizing a municipal permit affecting real property for which the municipality desires to deny permits under this chapter. The term does not include decisions on the substantive validity of a zoning ordinance or map, such a validity variance or the acceptance of a curative amendment.

MUNICIPALITY

A city, borough, incorporated town, township or home rule, optional plan or optional charter municipality or municipal authority in this commonwealth, and any entity formed pursuant to the act of December 19, 1996 (P.L. 1158, No. 177) Section 1, 53 Pa.C.S.A. Chapter 23 (relating to intergovernmental cooperation).

OWNER

A holder of the title to residential, commercial or industrial real estate, other than a mortgage lender, who possess 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 or under leases for which a memorandum of lease is recorded in accordance with the Act of June 2, 1959 [P.L. 254 (Volume 1), No. 86], 21 P.S. § 405.

PUBLIC NUISANCE

Property which, because of its physical condition or use, is regarded as a public nuisance at common law or has been declared by the City of Shamokin Code Enforcement/Zoning Officer a public nuisance in accordance with the most recent edition of the International Property Maintenance Code, as adopted from time to time by resolution of the City of Shamokin City Council, by any applicable chapter of the City of Shamokin Code, or by the court.

REMEDIATION PLAN

A plan for the correction of violations of state law or code that is part of an agreement between the owner and the municipality in which the real property containing the violation is located.

SERIOUS VIOLATION

A violation of a state law or code that poses an imminent threat to the health and safety of a dwelling occupant, occupants in surrounding structures, or a passerby; that is, a building ordered vacated in accordance with the Department of Labor and Industry's regulations, 34 Pa. Code § 403.84, as amended, implementing the Uniform Construction Code, the Act of November 10, 1999 (P.L. 491, No. 45), as amended, 35 P.S. §§ 7210.101 to 7210.1103; a building placarded as unfit for human habitation so as to prevent its use under Chapter 406, Property Maintenance, of this Code; or a vacant building whose exterior violates the currently used ICC Property Maintenance Code as approved by the Shamokin City Council, or any successor statute, regulation or property maintenance code.

STATUTE LAW

A statute of the commonwealth or a regulation of an agency charged with the administration and enforcement of the commonwealth law.

SUBSTANTIAL STEP

An affirmative action as determined by a property codes official or officer of the court on the part of a property owner or managing agent to remedy a serious violation of a state law or municipal code, including, but not limited to, physical improvements or repairs to the property, which affirmative action is subject to appeal in accordance with applicable law.

TAX DELINQUENT PROPERTY

Tax delinquent real property as defined under 1) the act of July 7, 1947 (P.L. 1368, No. 542), known as the "Real Estate Tax Sale Law;"[1] 2) the act of May 16, 1923 (P.L. 207, No. 153), referred to as the "Municipal Claim and Tax Lien Act;"[2] or 3) 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 any municipality in this Commonwealth; or 4) any successor law to any of the above statutes.

UNIFORM CONSTRUCTION CODE

The act of November 10, 1999 (P.L. 491, No. 45), as amended, 35 P.S. §§ 7210.101 to 7210.1103, as implemented by ordinance of the City of Shamokin.

[1] Editor's Note: See 72 P.S. § 2860.101 et seq.

[2] Editor's Note: See 53 P.S. § 7101 et seq.

[3] Editor's Note: See 53 P.S. § 27101 et seq.

§ 148-4 Actions against owner of property with serious code violations.

A. Actions. In addition to any other remedy available by law or in equity, the City of Shamokin 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) An in person 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) As authorized by the Act, the City of Shamokin 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 municipality to remedy any code violation.

(3) 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 judgement decree or order is entered by a court of competent jurisdiction against the owner of the property for an adjudication under section 148-4A, above (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 City of Shamokin 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.

§ 148-5 Denial of permits.

A. Permit application form. In addition to the requirements set forth in the governing ordinance, regulations or rules for the specific municipal permit being applied for under the ordinance referenced in the definition of "municipal permits" in § 148-3 hereof, all applications for a municipal permit shall include:

(1) If the owner is an individual, the home address of the owner.

(2) 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 was 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. (The home address of at least on responsible officer, member, trustee or partner shall be included).

(3) The applications shall also include a permit application disclosure form which requires the owner to disclose real properties owned by the owner both inside the City of Shamokin as well as in all other municipalities of the commonwealth, including the street address, tax parcel number, municipality and county of each such property:

(a) 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.

(b) For which fines or other penalties or a judgement to abate or correct were imposed by a Magisterial District Judge or municipal court, or a judgement at law or in equity was imposed by a court of common pleas; and

(c) For which there is a final and unappealable tax, water, or refuse collection delinquency on account of the actions of the owner.

(4) The information and disclosures required in the permit application form and the permit application disclosure form shall be given subject to the penalty as provided in 18 Pa.C.S.A. § 4904(a) regarding an unsworn falsification to a government officer or employee (public servant) performing official functions.

B. Municipal permit denials and appeals.

(1) Permit denial.

(a) The Code Enforcement/Zoning Officer, or the Zoning Hearing Board [under § 148-5B(1)(f), below], may deny issuing to an applicant permit if the applicant owns real property in any municipality for which there exists on a real property:

[1] A final and unappealable tax, water, sewer of refuse collection delinquency on account of the actions of the owner; or

[2] 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 for which fines or other penalties or a judgement to abate or correct were imposed by a Magisterial District Judge or a municipal court, or a judgement 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 judgement, order or decree is subject to a stay or supersedeas by an order of a court of competent jurisdiction or automatically allowed by a statute or rule of court until the stay is lifted by the court or a higher court or the stay or supersedeas expired as otherwise provided by law. Where a stay supersedeas is in effect, the property owner shall so advise the municipality seeking to deny a municipal permit.

(b) The Code Enforcement/Zoning Officer or Zoning Hearing Board 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 of administrative purposes.

(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 Code Enforcement/Zoning Officer or Board 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 by the Act. The denial shall be delivered by U.S. certified registered, or express mail, return receipt requested (and such receipt is obtained for delivery refused); personal service in a manner provided by the Pennsylvania Rules of Court for Civil Procedure for original process; hand delivery by a member of the code enforcement staff; or a private delivery service that provides for a receipt (and such receipt is obtained or delivery is refused).

(e) The information on the real property forming the basis for a municipal permit denial may be obtained by a Code Enforcement/Zoning Officer, or other employee or agent of the City of Shamokin from the information disclosed by the owner in accordance with §148-5A, above, 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 Pennsylvania Courts, county/City departments of records, offices of the Recorder of Deeds, Municipal and County Tax Collectors and Treasurers, County Tax Collectors and Treasures, 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 Code Enforcement/Zoning Officer or Zoning Hearing Board using the services of the Zoning Officer or other municipal staff or contracted service provider may conduct a search using the sources described in this subsection.

(f) Zoning Hearing Board. 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 City of Shamokin 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."[1]

[1] In any proceeding before a board other than the governing body of the municipality, the municipality may appear to present evidence that the applicant is subject to a denial by the Board in accordance with this section.

[2] For purposes of this subsection, a municipal permit may only be denied to an applicant other than an owner if:

[a] The applicant is acting under the direction or with the permission of an owner; and

[b] The owner owns real property satisfying the conditions of § 148-5B(1)(a), above.

[1] Editor's Note: See 53 P.S. § 10101 et seq.

(g) Applicability of other law. A denial of a municipal permit under the act or this chapter 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.[2]

[2] Editor's Note: See 53 P.S. § 10101 et seq.

(h) The Code Enforcement/Zoning Officer or Zoning Hearing Board shall review the disclosure form and the searches, if any, in accordance with Subsection 148-5B(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 148-5B.

(i) 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 a Code Enforcement/Zoning Officer, the appeal shall be made with 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 § 148-5B(2), 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 § 148-5B(2) has expired. In case of a denial by the City of Shamokin 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:

[a] An authentic proof of compliance letter in accordance Subsection 148-5(B)(2).

[b] Evidence of substantial steps taken to remedy a serious violation set forth on the denial confirmed by an order of court or the Code Enforcement/Zoning Officer.

[c] Evidence of an approved remedial plan to address a serious violation set forth in 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 proof of compliance within 45 days of request.

[f] A failure of a state agency or municipality to provide the relief required under Section 6144 of the Act[3] to an heir or devise.

[3] Editor's Note: See 53 P.S. § 6144.

[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.

(2) 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;

[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 being remediation of a serious violation of state law or a code. Acceptance of the plan may be contingent on:

[a] Beginning the remediation plan with 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 more 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 or 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 5(B)(2)(d). The appropriate State agency, municipality or school district shall specify the form in which the request for 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.

§ 148-6 Miscellaneous provisions.

A. Conflict with other law. In the event of a conflict between the requirements of this chapter and federal requirements applicable to demolition, disposition and 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.

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 remediaition plan in accordance with Section 6131 (b)(1)(iii) of the Act[1] and Subsection 148-5B(2)(a)(3) hereof (relating to municipal permit denial), with the City of Shamokin 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.

[1] Editor's Note: See 53 P.S. § 6131(b)(1)(iii).

§ 148-7 Repealer.

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 chapter are preserved.

§ 148-8 Severability.

The provisions of the chapter shall be severable and if any of its provisions are found to be unconstitutional or illegal the validity of any of the remaining provisions of this chapter shall not be affected thereby.