[HISTORY: Adopted by the City Council of the City of Monessen 9-15-2020 by Ord. No. 10-2020. Amendments noted where applicable.]
This chapter may be cited as the City of Monessen Municipal
Code and Ordinance Compliance Act.
There exists in the City of Monessen numerous properties that
are neglected, have property maintenance and City code violations,
are vacant and in disrepair, or are a risk to the health, safety,
and general welfare of residents. This chapter aims to address such
properties in order to ameliorate the aforementioned issues, improve
the City's housing stock, to take action against property owners
who are not in compliance, and to improve the quality of the City's
properties, and to improve the overall quality of life of the City.
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:
November 3, 2016 (P.L. 1047, No. 133), 68 P.S. Ch. 25, known
as the Municipal Code and Ordinance Compliance Act.
The City of Monessen.
The Council of the City of Monessen.
The closing date on which title and right to possess the
property transfers to the purchaser and in cases where the property
is sold pursuant to the act of May 16, 1923 (P.L. 207, No. 153), referred
to as the Municipal Claim and Tax Lien law, the first day following
the right of redemption period authorized under the Municipal Claim
and Tax Lien Law.
A violation of an adopted building, housing, property maintenance
or fire code or maintenance, health of safety nuisance ordinances
that makes a building, structure or any part thereof unfit for human
habitation and is discovered during the course of a municipal inspection
of a property and disclosed to the record owner or prospective purchaser
of the property through issuance of a municipal report.
A certificate issued by the City as a result of the municipal
inspection of a property incident to the resale of the property that
identifies at least on substantial violation, and the purpose of the
certificate is to authorize the purchaser to access the property for
the purpose of correcting substantial violations pursuant to the maintenance
and repair provisions of this chapter.
A certificate issued by the City as a result of the municipal
inspection of a property incident to the resale of the property that
reveals a violation but no substantial violation, and the purpose
of the certificate is to authorize the purchaser to fully utilize
or reside in the property while correcting violations pursuant to
the maintenance and repair provisions of this chapter.
A condition which renders a building or structure, or any
part thereof, dangerous or injurious to the health, safety, or physical
welfare of an occupant or the occupants of neighboring dwellings.
The conditions may include substantial violations of a property that
show evidence of: a significant increase to the hazards of fire or
accident; inadequate sanitary facilities; vermin infestation; or a
condition of disrepair, dilapidation or structural defects such that
the cost of rehabilitation and repair would exceed one-half of the
agreed-upon purchase price of the property.
A certificate issued by the City stipulating that the property
meets all ordinances and codes and may be used or occupied as intended.
A violation of a properly adopted building, housing, property
maintenance or fire code or maintenance, health or safety nuisance
ordinance that does not rise to the level of a substantial violation
and is discovered during the course of a municipal inspection of a
property and disclosed to the record owner or prospective purchaser
of the property through issuance of a municipal report.
Within 12 months of the date of purchase, or longer subject
to an agreement between the purchaser and the City, any purchaser
of any building, structure or part of a building or structure known
to have one or more violations or one or more substantial violations
of the City Codes relating to building, housing, property maintenance
or fire shall:
Any purchaser of any lot or parcel of land having one or more
substantial violations of City code nuisance ordinances relating to
maintenance, health or safety is required to make a reasonable attempt
to abate the nuisance within one year of the date of purchase.
If the City determines through an inspection that a property
has at least one substantial violation, the City may issue a temporary
access certificate solely for the purpose of correcting substantial
violations pursuant to the maintenance and repair provisions of the
Act.
A.
No occupancy. No person shall occupy a property during the term of
the temporary access certificate.
B.
Reinspection. The City shall reinspect the premises for the purposes
of determining compliance with the City Code; provided, however, the
property owner may request an early inspection and the City may conduct
said reinspection consistent with the business of the City. In the
event that the substantial violations are not corrected within 12
months, the City shall revoke the temporary access certificate and
avail itself of any remedies available at law. In the event that the
violations are corrected within 12 months, the City shall issue a
use and occupancy permit.
If the City determines through an inspection that a property
has at least one violation, the City may issue a temporary use of
occupancy and occupancy permit.
A.
Reinspection. The City shall reinspect the premises for the purposes
of determining compliance with the City Code; provided, however, the
property owner may request an early inspection and the City may conduct
said reinspection consistent with the business of the City. In the
event that the violations are corrected within 12 months, the City
shall issue a use and occupancy permit. In the event that the violations
are not corrected within 12 months, the City shall revoke the temporary
use and occupancy permit and avail itself of any remedies available
at law.
A.
The Monessen Code Enforcement Officer or the Monessen Police Department
shall have the authority to inspect the property and issue or revoke
the applicable permits; or issue the applicable citations to the owner/purchaser
of the property at issue or the individual known to have violated
this chapter.
B.
Enforcement of this chapter shall be made by the filing of a criminal
complaint, pursuant to Pennsylvania Rules of Criminal Procedure, in
the appropriate Magisterial District Court. The City's Solicitor
may assume charge of the prosecution without the consent of the District
Attorney, as required under Pennsylvania Rule of Criminal Procedure.
C.
Violations of the property maintenance code or ordinance may also
be enforced by the institution of appropriate actions or proceedings
at law or in equity to prevent or restrain property maintenance provisions.
A violation ticket may be served upon a property owner by handing
it to the violator or their agent, by handing it to an adult member
of the household or other person in charge of the residence, by leaving
or affixing the notice or violation ticket to the property where the
violation exists, by handing it to any officer or usual place of business
of the violator, or to the person for the time being in charge thereof,
or by certified mail to the violator's address of record.
Public officers are hereby authorized to promulgate rules and
regulations to implement and supplement the provisions of this chapter.
The violation of this chapter shall constitute a summary offense.
Any purchaser failing to comply with the requirements of this chapter
shall be held personally liable for the costs of repairs or demolition
and a criminal fine of $1,000 per violation or imprisonment, as allowed
by law for the punishment of a summary offense, plus court costs and
reasonable attorney fees incurred by the City in the enforcement proceedings.
A separate violation shall arise for each day of the violation and
for violation of each applicable section of this chapter.
Nothing in this chapter shall be construed to abridge or alter
the remedies now existing at common law, by statute or by ordinance,
but the provisions of this chapter are in addition to such remedies.
The provisions of this chapter shall be severable and if 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.
This chapter shall become effective immediately upon approval
because it is an chapter providing for the preservation of public
peace, health, safety, and the general welfare.
