This chapter may be cited as the "City of Shamokin Neighborhood
Blight Reclamation and Revitalization Ordinance".
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;" 2) the act of May 16, 1923 (P.L. 207, No. 153), referred
to as the "Municipal Claim and Tax Lien Act;" 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," 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.
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.
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.