[Adopted 8-14-2018 by Ord. No. 1937]
As used in this article, the following terms shall have the meanings indicated:
CODE
A building, housing, property maintenance, fire, health or any other public safety ordinance enacted by the City, but does not include a subdivision and land development ordinance or a zoning ordinance enacted by the City.
COURT
The appropriate court of common pleas.
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, deed of trust or other transaction that created a security interest in the real property.
MUNICIPAL PERMITS
Privileges relating to real property granted by the City, including, but not limited to, building permits, exceptions to zoning ordinances and occupancy permits, lien letters, park shelter 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.
MUNICIPAL SERVICE(S)
Services provided at a cost by the City or other municipal entity including but not limited to sanitary sewer service, storm sewer service, refuse collection and any other municipal-provided services which benefit individual properties and also serve to benefit the overall health, safety and welfare of all of the residents of the City.
MUNICIPALITY
The City of Clairton.
OWNER
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.
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 appropriate City official a public nuisance in accordance with City-adopted codes.
SERIOUS VIOLATION
A violation of a federal, state or county law or City code that poses an imminent threat to the health and safety of a dwelling occupant, occupants in surrounding structures or a passerby.
SUBSTANTIAL STEP
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 federal, state, county or City code, including but not limited to physical improvements or repairs to the property and or structure, which affirmative action is subject to appeal in accordance with applicable law.
TAX DELINQUENT PROPERTY
Tax delinquent real property as defined under:
A. 
The Act of July 7, 1947 (P.L. 1368, No.542) known as the Real Estate Tax Sale Law.[1]
B. 
The Act of May 16, 1923 (P.L. 207, No. 153), referred to as the Municipal Claim and Tax Lien Law.[2]
[1]
Editor's Note: See 72 P.S. § 5860.101 et seq.
[2]
Editor's Note: See 53 P.S. § 7101 et seq.
In addition to any other remedy available at law, including those remedies available under the Neighborhood Blight Reclamation and Revitalization Act[1] or remedies available in equity, or other remedies as provided for in the Clairton City Code the City 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. 
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 of the City to correct a violation, unless the order is subject to a pending appeal before an administrative agency or court. Notwithstanding any law limiting the form of action for recovery of penalties by the City for the violation of the City Code, the City may recover, in a single action under this section, an amount equal to the penalties imposed against the owner and any cost of remediation lawfully incurred by, or on behalf of, the City to remedy any violation, which could include, but not be limited to, cost to notify the owner of the violation, cost for any studies conducted by the City or its agents in regards the structural integrity or safety of a structure or property and any demolition cost associated with protecting the health, safety and welfare of adjoining structures, residents or passersby.
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 federal, state or Allegheny County law or the Clairton City 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 either an in personam action or a proceeding in equity as set forth above. In the case of an owner that is an association or trust, this does not authorize a lien to be placed upon the individual assets of the general partner, trustee, limited partner, shareholder, member or beneficiary of the association or trust except as otherwise provided by law.
[1]
Editor's Note: See 53 Pa.C.S.A. § 6101 et seq.
A. 
A person who lives or has a principal place of residence outside the Commonwealth of Pennsylvania, who owns property in this commonwealth against which federal, state or City code or other applicable 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 or the City has attempted to notify the owner has refused service may be extradited to the Commonwealth of Pennsylvania to face criminal prosecution to the full extent allowed and in manner authorized by 42 Pa.C.S.A. Ch. 91 (relating to detainers and extradition), as may be amended from time to time.
B. 
Where, after reasonable efforts, service of process for a notice or citation for any state or City code or any other applicable 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 office, partner, or trustee of the association or trust or manager, trustee or clerk in charge of the property, the delivery of notice or citation may occur by registered, certified or United States express mail, accompanied by a delivery confirmation:
(1) 
To the registered office of the association or trust.
(2) 
Where the association or trust does not have a registered office, 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 City may deny issuing to an applicant of a City permit if the applicant owns real property in the City or a municipality of the Commonwealth of Pennsylvania for which there exists on the real property:
(1) 
A real estate tax delinquency on any property owned within the City of Clairton or any other lawful tax imposed by the City.
(2) 
A delinquency in a sewer, refuse collection or any other City service account.
(3) 
A serious violation and the owner has taken no substantial steps to correct the serious violation within six months following notification or attempted notification of a violation and for which fines, penalties or a judgment to abate and 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. No denial shall be permitted if a judgment is subject to a stay or supersedes by order of court, or if the City permit is necessary to correct a violation of state law, City Code or any other applicable law or code violation.
B. 
The City permit denial as described above shall not apply to an applicant's delinquency on real estate taxes or City services that are under appeal or otherwise contested through a court or administrative process.
C. 
In issuing a denial of a City permit, the City shall indicate the street address, the municipality and county in which the property is located and the court docket number for each parcel cited on the basis of denial. The denial shall also state that the applicant may request a letter of compliance from the appropriate state or county agency, municipality or school district in the form specified by such entity.
D. 
All City permits denied in accordance with this section may be withheld by the City until the applicant obtains a letter of compliance from the appropriate state or county agency, City or school district indicating the following:
(1) 
The property in question has no real estate or any other lawful tax or City services delinquencies;
(2) 
The property in question is now in compliance with state and county law, City Code or any other applicable law or codes; or
(3) 
The owner of the property has presented and the appropriate entity has accepted a plan to begin remediation of a serious violation of state or county law, City Code or any other applicable law or codes.
E. 
If a letter of compliance or a letter of noncompliance, as the case may be, is not issued within 45 days of the request, the property shall be deemed to be in compliance for the purposes of this section. The appropriate state or county agency, City or school district shall specify the form in which the request for compliance shall be made. Such letters shall be verified by the appropriate City officials before issuing to the applicant a City permit.
F. 
Boards, including the Zoning Hearing Board, may deny approval of City permits — which includes special exception approval and/or variance relief — if warranted as set forth above to the extent that approval of such a City permit is within the jurisdiction of the Board.
G. 
The City may appear to present evidence that the applicant is subject to denial by a Board in accordance with this section.
H. 
A City permit may only be denied to an applicant other than the owner if the applicant is acting under the direction or with the permission of the owner and that owner owns real property that is subject to denial as set forth herein above.
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 with the City to avoid subjecting the devisee's or heir's other properties to asset attachment or denial of City permits and approvals on other properties owned by the devisee or heir. Such opportunity shall be given at the City's discretion and subject to revocation upon the devisee's or heir's failure to proceed with a payment plan or to progress forward and complete a remediation plan.
If any sentence, clause, section or part of this article is for any reason found to be unconstitutional, illegal or invalid, such unconstitutionality, illegality or invalidity shall not affect or impair any of the remaining provisions, sentences, clauses, sections or parts hereof. It is hereby declared as the intent of the City Council of the City of Clairton that this article would have been adopted had such unconstitutional, illegal or invalid sentence, clause, section or part thereof not been included herein.