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.
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.
B.
The Act of May 16, 1923 (P.L. 207, No. 153), referred to as
the Municipal Claim and Tax Lien Law.
In addition to any other remedy available at law, including
those remedies available under the Neighborhood Blight Reclamation
and Revitalization Act 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.
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.
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.
All ordinances or parts of ordinances conflicting or inconsistent
herewith are hereby repealed.