[Ord. No. 953, 3/2/2020[1]]
This Part shall be known and may be cited as the "Elizabeth
Township Neighborhood Blight Reclamation and Revitalization Ordinance."
[1]
Editor's Note: This ordinance was originally adopted
as Ch. 28 but was renumbered to maintain the organizational structure
of the Code.
[Ord. No. 953, 3/2/2020]
The Board of Commissioners finds it to be the best interest
of the residents of the Township of Elizabeth 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 and quality of life of our residences
and require expenditure of public funds to correct and/or abate nuisances,
violations and delinquent municipal service accounts.
[Ord. No. 953, 3/2/2020]
1.
BOARD
BUILDING
CODE
COURT
MORTGAGE LENDER
MUNICIPAL PERMITS
MUNICIPALITY
OWNER
PUBLIC NUISANCE
SERIOUS VIOLATION
STATE LAW
SUBSTANTIAL STEP
TAX DELINQUENT PROPERTY
TOWNSHIP
The following words and phrases, when used in this Part, shall have
the meanings given to them in this section unless the context clearly
indicates otherwise:
The Zoning Hearing Board or other body granted jurisdiction
to render decisions in accordance with the Pennsylvania Municipalities
Planning Code, the Pennsylvania First Class Township Code, the Code
of the Township of Elizabeth, or any board authorized to act in a
similar manner by law.
A residential commercial or industrial building or structure
and the land appurtenant to it.
A building, housing, property maintenance, fire, health or
other public safety ordinance enacted by the Township. The term does
not include a subdivision and land development ordinance or a zoning
ordinance enacted by a municipality.
The appropriate Court of Common Pleas or Magisterial District
Judge Court.
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.
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.
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 53 Pa.C.S.A. Ch. 23, Subch. A (relating to intergovernmental cooperation).
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.
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.
A violation of a state law or a code that poses an imminent
threat to the health and safety of a dwelling occupant, occupants
in surrounding structures or passersby.
A statute of the commonwealth or a regulation of an agency
charged with the administration and enforcement of commonwealth law.
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 real property as defined under the Act of
July 7, 1947 (P.L. 1368, No. 542), known as the Real Estate Tax Sale
Law[1]; the Act of May 16, 1923 (P.L. 207, No. 153), referred
to as the Municipal Claim and Tax Lien Law[2]; or the Act of October 11, 1984 (P.L. 876, No. 171), known
as the Second Class City Treasurer's Sale and Collection Act,[3] located in any municipality in this commonwealth.
The Township of Elizabeth, County of Allegheny, Commonwealth
of Pennsylvania.
[Ord. No. 953, 3/2/2020]
1.
In addition to any other remedy available at law or in equity, the
Township 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.
In Personam Action.
(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 recovery
of penalties by a municipality for the violation of a code, the Township
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 Township to remedy any code
violation.
B.
A proceeding in equity.
[Ord. No. 953, 3/2/2020]
1.
General Rule. 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 against the owner of the property
for an adjudication under § 104 (relating to actions).
2.
Construction. 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, limited partner, shareholder, member or
beneficiary of the association or trust.
[Ord. No. 953, 3/2/2020]
A person who lives or has a principal place of residence outside
this commonwealth, who owns property in this commonwealth against
which 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 of the violations may be extradited to this commonwealth
to face criminal prosecution to the full extent allowed and in the
manner authorized by 42 Pa.C.S.A. Ch. 91 (relating to detainers and
extradition).
[Ord. No. 953, 3/2/2020]
1.
Where, after reasonable efforts, service or process for a notice
or citation for any 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 officer, partner of the trustee
or the association or trust or to the manager, trustee or clerk in
charge of the property, the delivery of the notice or citation may
occur by registered, certified or United States Express Mail, accompanied
by a delivery confirmation:
A.
To the registered office of the association or trust; or
B.
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 to the property
and by handing a copy of the notice or citation to the person in charge
of the property at that time.
[Ord. No. 953, 3/2/2020]
1.
The Township or a board may deny issuing an applicant a municipal
permit if the applicant owns real property in any municipality for
which there exists on the real property:
A.
A final and unappealable tax, water, sewer, refuse collection or
other municipal services delinquency on account of the actions of
the owner; or
B.
A serious violation of state law or a code, and the owner has taken
no substantial step to correct the serious violation within six months
following notification of the violation and for which fines and other
penalties or a judgment to abate or 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. However, no denial shall be
permitted on the basis of a property for which the judgment, order
or decree is subject or supersede as by an order of a court of competent
jurisdiction or automatically allowed by statute or rule of court
until the stay or supersedeas is lifted by the court or a higher court
or the stay or supersedeas expires as otherwise provided by law. Where
a stay or supersedeas is in effect, the property owner shall so advise
the Township or board seeking to deny a municipal permit. The Township
or board shall not deny a municipal permit to an applicant if the
municipal permit is necessary to correct a violation of a state law
or code.
2.
The municipal permit denial shall not apply to an applicant's
delinquency on taxes, water, sewer or refuse collection charges that
are under appeal or otherwise contested through a court or administrative
process.
3.
In issuing a denial of a municipal permit based on an applicant's
delinquency in real property taxes or municipal charges or for failure
to abate a serious violation of state law or a code on real property
that the applicant owns in this commonwealth, the Township or board
shall indicate the street address, municipal corporation and county
in which the property is located, and the court and docket number
for each parcel cited as a basis for the denial. The denial shall
also state that the applicant may request a letter of compliance from
the appropriate state agency, municipality or school district, in
a form specified by such entity as provided in this section.
4.
All municipal permits denied in accordance with this section may
be withheld until an applicant obtains a letter from the appropriate
state agency, municipality or school district indicating the following:
A.
The property in question has no final and unappealable tax, water,
sewer or refuse delinquencies;
B.
The property in question is now in state law and code compliance;
or
C.
The owner of the property has presented, and the appropriate state
agency or municipality has accepted, a plan to begin remediation of
a serious violation of state law or a code. Acceptance of the plan
may be contingent on:
(1)
Beginning the remediation plan within no fewer than 30 days following
acceptance of the plan or sooner, if mutually agreeable to both the
property owner and the municipality.
(2)
Completing the remediation plan within no fewer than 90 days following
commencement of the plan or sooner, if mutually agreeable to both
the property owner and the municipality.
5.
In the event that the appropriate state agency, municipality or school
district fails to issue a letter indicating tax, water, sewer, refuse,
state law or code compliance or noncompliance, as the case may be,
within 45 days of the request, the property in question shall be deemed
to be in compliance for the purpose of this section. The appropriate
state agency, municipality or school district shall specify the form
in which the request for a compliance letter shall be made.
6.
Letters required under this section shall be verified by the appropriate
municipal officials before issuing to the applicant a municipal permit.
7.
Denial of Permits.
A.
Boards, including the Township Zoning Hearing Board, may deny approval
of municipal permits, which includes special exception approval and
variance relief, if warranted as set forth above to the extent that
approval of such a municipal permit is within the jurisdiction of
the board.
B.
In any proceeding before a board other than the governing body of
the Township, the Township may appear to present evidence that the
applicant is subject to a denial by the board in accordance with this
section.
C.
For the purposes of this section, a municipal permit may only be
denied to an applicant other than an owner if the applicant is acting
under the direction or with the permission of an owner, and the owner
owns real property that is subject to denial as set forth above.
8.
A denial of a municipal permit shall be subject to the provisions of 2 Pa.C.S.A. Ch. 5, Subch. B (relating to practice and procedure of local agencies) and 2 Pa.C.S.A. Ch. 7, Subch. B (relating to judicial review of local agency action) or the Pennsylvania Municipalities Planning Code, for denials subject to the Act.
[Ord. No. 953, 3/2/2020]
In the event of a conflict between the requirements of this
Part 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.
[Ord. No. 953, 3/2/2020]
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 § 108, Subsection 4C (relating to municipal permit
denial) with a municipality to avoid subjecting the devisee's
or heir's other properties to asset attachment or denials of
permits and approvals on other properties owned by the devisee or
heir.
[Ord. No. 953, 3/2/2020]
Nothing in this Part shall be construed to abridge or alter
the remedies now existing at common law or by statute, but the provisions
of this Part are in addition to such remedies.
