This chapter shall be known as the "Lansford Borough Blight
Reclamation and Revitalization Ordinance."
The Borough Council finds it to be in the best interest of the
residents of the Borough of Lansford to provide for certain protections
and safeguards in order to address deteriorated properties, public
nuisances and properties in serious violation of state law and/or
municipal codes. Such protections and safeguards include denial of
permits, and actions at law and in equity to address deteriorated
properties, which impact upon crime, quality of life of our residents
and require expenditure of public funds to correct and/or abate nuisances,
violations and delinquent municipal services accounts.
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:
AGENT
Any director, officer, servant, employee or other person
authorized to act on behalf of a corporation or association and, in
the case of an unincorporated association, a member of such association.
BLIGHTED PROPERTY
Any of the following:
A.
Premises which, because of physical condition or use, have been
declared by a court of competent jurisdiction as a public nuisance
at common law or have been declared a public nuisance in accordance
with the local housing, building, plumbing, fire and related codes
and ordinances, including nuisance and dangerous building ordinances.
B.
Premises which, because of physical condition, use or occupancy,
are considered an attractive nuisance to children, including but not
limited to abandoned wells, shafts, basements, excavations and unsafe
fences or structures.
C.
A dwelling which, because it is dilapidated, unsanitary, unsafe,
vermin-infested or lacking in facilities and equipment required under
the property maintenance code of the municipality, has been designated
by the municipal department responsible for enforcement of the code
as unfit for human habitation.
D.
A structure which is a fire hazard or is otherwise dangerous
to the safety of person or property.
E.
A structure from which the utilities, plumbing, heating, water,
sewage or other facilities have been disconnected, destroyed, removed
or rendered ineffective so that the property is unfit for its intended
use.
F.
A vacant or unimproved lot or parcel of ground in a predominately
built-up neighborhood which, by reason of neglect or lack of maintenance,
has become a place for accumulation of trash and debris or a haven
for rodents or other vermin.
G.
An unoccupied property which has been tax delinquent for a period
of two years.
H.
A property which is vacant but not tax delinquent and which
has not been rehabilitated within one year of the receipt of notice
to rehabilitate from the appropriate code enforcement agency.
BOARD
The Zoning Hearing Board or other body granted jurisdiction
to render decisions in accordance with the Municipalities Planning
Code, the State Borough Code, the Code of the Borough of Lansford, or any board authorized
to act in a similar manner by law.
BOROUGH
The Borough of Lansford, County of Carbon, Commonwealth of
Pennsylvania.
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 the Borough. The term does
not include a subdivision and land development ordinance or a zoning
ordinance enacted by a municipality.
COURT
The appropriate court of common pleas or magisterial district
judge court.
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 a municipality,
including, but not limited to, building permits, exceptions to zoning
ordinances and occupancy 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 SERVICES
Services provided at a cost by the Borough or other municipal
entity, including water service, sanitary sewer services, electric
service, refuse collection and parking allotments/facilities, which
benefit individual properties and also serve to benefit the overall
welfare, safety and health of all residents of the Borough.
MUNICIPALITY
A city, borough, incorporated town, township or home rule,
optional plan or optional charter municipality or municipality authority
in this commonwealth and any entity formed pursuant to Subchapter
A of 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 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 official a public nuisance in accordance with a
municipal code.
SERIOUS VIOLATION
A violation of a state law or a municipal code that poses
an imminent threat to the health and safety of a dwelling occupant,
occupants in surrounding structures or passersby.
STATE LAW
A statute of the commonwealth or a regulation of an agency
charged with the administration and enforcement of commonwealth law.
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 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 the act of
July 7, 1947 (P.L. 1368, No. 542), known as the Real Estate Tax Sale
Law; the act of May 16, 1923 (P.L. 207, No. 153), referred to as the
Municipal Claim and Tax Lien Law; or 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.
In addition to any other remedy available at law or in equity,
the Borough may institute the following actions against the owner
of any real property that is in serious violation of a municipal code
or for failure to correct a condition which causes the property to
be regarded as a public nuisance or as a blighted property.
A. In personam.
(1) 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 to correct the violation, unless
the order is subject to a pending appeal before the administrative
agency or court.
(2) Notwithstanding any law limiting the form of action for the recovery
of penalties by a municipality for the violation of a code, the Borough
may 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 Borough to remedy any code
violation.
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 judgment, decree or order is entered by a court of competent jurisdiction against the owner of the property for an adjudication under §
139-4A (relating to actions). Nothing in this section shall be construed to authorize, in the case of an owner that is an association or trust, a lien on the individual assets of the general partner or trustee, except as otherwise allowed by law.
In the event of a conflict between the requirements of this
chapter and federal requirements applicable to demolition, disposition
or 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.
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 under §
139-7 (relating to municipal permit denial) with a municipality 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.
Nothing in this chapter shall be construed to abridge or alter
the remedies now existing at common law or by statute, but the provisions
of this chapter are in addition to such remedies.
This chapter shall take effect five days after enactment.