This chapter may be cited as the "Langhorne Borough Neighborhood Blight Reclamation and Revitalization Ordinance."
[HISTORY: Adopted by the Borough Council of the Borough of Langhorne 4-11-2012 by Ord. No. 2012-02. Amendments noted where applicable.]
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
This chapter is to implement in the Borough of Langhorne the provisions of the Act of October 27, 2010 (P.L. No. 90-2010), 53 Pa.C.S.A. Chapter 61, known as the "Neighborhood Blight Reclamation and Revitalization Act." There are deteriorated properties located in the Borough as a result of neglect by their owners in violation of applicable state and municipal codes; these properties create public nuisances which have an impact on crime and the quality of life of residents and require expenditures of public funds in order to abate and correct the nuisances; and, in order to address these situations, it is appropriate to deny certain governmental permits and approvals in order:
A.
To prohibit property owners from further extending their financial commitments to render themselves unable to abate or correct the code, statutory and regulatory violations, or tax delinquencies;
B.
To reduce the likelihood that the Borough or other municipalities will have to address the owners' neglect and resulting deteriorated properties; and
C.
To sanction the owners for not adhering to their legal obligations to the Borough, as well as to tenants, adjoining property owners and neighborhoods.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
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:
The Act of October 27, 2010 (P.L. No. 90-2010), 53 Pa.C.S.A. Chapter 61, known as the "Neighborhood Blight Reclamation and Revitalization Act."
A residential, commercial, or industrial building or structure and the land appurtenant to it.
The Court of Common Pleas of Bucks County.
A business association defined as a "banking institution" or "mortgage lender" under 7 Pa.C.S.A. Chapter 61 (relating to mortgage loan industry licensing and consumer protection)[2] 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 the Borough of Langhorne that are building permits, Uniform Construction Code permits, Historic Architectural Review Board (HARB) permits, use permits, zoning permits, special exceptions, conditional uses and variances granted under Chapter 450, Zoning, demolition permits, stormwater management permits, sign permits, and business permits, if any, as well as any other ordinance authorizing a municipal permit affecting real property for which the municipality desires deny permits under this chapter. The term does not include decisions on the substantive validity of a zoning ordinance or map such a validity variance 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 the Act of December 19, 1996 (P.L. 1158, No. 177), Section 1, 53 Pa.C.S.A. Chapter 23 (relating to intergovernmental cooperation).
A person, business, corporation or association in physical possession or occupying space in residential, commercial, or industrial buildings or structures. The term includes, but is not limited to, tenants, renters, squatters, guests, heirs, assigns, beneficiaries, and lessees.
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, including lessees under leases for which a memorandum of lease is recorded in accordance with the Act of June 2, 1959 [P.L. 254 (Volume I) No. 86], 21 P.S. § 405.
Property which, because of its physical condition or use, is regarded as a public nuisance at common law or has been declared by the Borough Engineer, Borough Manager, Zoning Officer, Building Code Official or Code Enforcement Officer, highest ranking police officer or other employee so designated by resolution, or County Health Officer a public nuisance in accordance with Borough, county, state or federal statute, law, ordinance or regulation, or by the District Court or Bucks County Court of Common Pleas.
A plan for the correction of violations of Borough, county, state or federal statute, law, ordinance or regulation, or District Court or Bucks County Court of Common Pleas order, that is part of an agreement between the owner or occupant and the Borough.
A violation of a Borough, county, state or federal statute, law, ordinance or regulation, or by the District Court or Bucks County Court of Common Pleas order that poses a serious threat to the health and safety of a dwelling occupant, occupants in surrounding structures or a passersby; that is a building ordered vacated in accordance with the Department of Labor and Industry's Regulations, 34 Pa. Code § 403.84, as amended, implementing the Uniform Construction Code, the Act of November 10, 1999 (P.L. 491, No. 45), as amended, 35 P.S. §§ 7210.101 to 7210.1103; that is a building cited as unfit for human habitation so as to prevent its use under Chapter 328, Property Maintenance; or a vacant building whose exterior violates Section 304 of the 2009 ICC Property Maintenance Code or any successor statute, regulation or property maintenance code.
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 the Borough Engineer, Manager, Zoning Officer, Building Code Official or Code Enforcement Officer or other employee so designated by resolution, or officer of the court, on the part of a property owner, occupant or managing agent to remedy a serious violation of a Borough, county, state or federal statute, law, ordinance or regulation, or by the District Court or Bucks County Court of Common Pleas Order, including, but not limited to, physical improvements or repairs to the 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"[3];
The Act of May 16, 1923 (P.L. 207, No. 153), referred to as the "Municipal Claim and Tax Lien Act"[4];
The Act of October 11, 1984 (P.L. 876, No. 171) known as the "Treasurer's Sale and Collection Act,"[5] located in any municipality in this commonwealth; or
Any successor law to any of the above statutes.
A.
Actions.
(1)
In addition to any other remedy available at law or in equity, the Borough may institute the following actions against the owner/occupant of any real property that is in serious violation of a of a Borough, county, state or federal statute, law, ordinance or regulation or for failure to correct a condition that 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/occupant 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.
(b)
As authorized by the Act, the Borough reserves the right to recover in a single action under this section an amount equal to any penalties imposed against the owner/occupant and any costs of remediation lawfully incurred by or on behalf of the Borough to remedy any violation.
(2)
A proceeding in equity.
(3)
A proceeding in rem.
B.
Asset attachment.
(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, decree or order is entered by a court of competent jurisdiction against the owner of the property for an adjudication under § 298-4A (relating to actions).
C.
Reservation of rights and remedies under law other than the Act. The Borough reserves all rights and remedies existing under statutes other than the Act, its ordinances implementing them, and applicable case law to obtain recovery for the costs of preventing and abatement of code violations and public nuisances to the fullest extent allowed by law from mortgage lenders; trustees, and members of liability companies, limited partners who provide property management services to the real property as well as general partners of owners; and officers, agents, and operators that are in control of a property as an owner or otherwise hold them personally responsible for code violations as well as owners themselves. Such owners, mortgage lenders, partners, members of limited-liability companies, trustees, officers, agents and operators in control of a real property with code violations shall be subject to all actions at law and in equity to the full extent authorized by such statutes, ordinances and applicable case law. Such action may be joined in one lawsuit against responsible parties with an action brought under the Act.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A.
Permit application form.
(1)
In addition to the requirements set forth in the governing ordinance, regulations, or rules for the specific municipal permit being applied for under the ordinances referenced in the definition of "municipal permit" in § 298-3, all applications for a municipal permit shall include:
(a)
If the owner/occupant is an individual, their home addresses.
(b)
If the owner/occupant is an entity, its registered office and principal place of business, type of entity, in what state it was formed, and whether the entity has qualified to do business as a foreign entity in Pennsylvania by filing with the Corporation Bureau of the Pennsylvania Department of State under Title 15 of the Pennsylvania Consolidated Statutes.[1] The home address of at least one responsible officer, member, trustee, or partner shall be also be included.
(c)
The applications shall also include a provision requiring the owner/occupant to disclose real properties owned by the owner/occupant both within the Borough as well as in all other municipalities of the commonwealth i) in which there is a serious violation of state law or a code and the owner/occupant has taken no substantial steps to correct the violation within six months following notification of the violation, ii) and for which fines or 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; iii) and real property owned in the commonwealth by the owner for which there is a final and unappealable tax, water, sewer or refuse collection delinquency on account of the actions of the owner/occupant. This provision shall require the owner/occupant to disclose the street address, tax parcel number, municipality, and county of each such real property. The provision shall require the disclosure be under penalty as provided in 18 Pa.C.S.A. § 4904(a) for an unsworn falsification to a government officer or employee (public servant) performing official functions.
(2)
All applicants for a municipal permit shall accurately complete the permit applicant disclosure form,[2] as from time to time adopted by resolution of the Borough Council, subject to a penalty as described in 18 Pa.C.S.A. § 4904.
[2]
Editor's Note: Said disclosure form is included as an attachment to this chapter.
B.
Municipal permit denials.
(1)
Permit denial.
(a)
The Zoning Officer, Building Code Official or Code Enforcement Officer or the Zoning Hearing Board under § 298-5B(1)(e) shall deny issuing to an applicant a municipal permit if the applicant owns or occupies real property in any municipality for which there exists on the real property:
[1]
A final and unappealable tax, water, sewer or refuse collection delinquency on account of the actions of the owner/occupant; or
[2]
A serious violation of a Borough, county, state or federal statute, law, ordinance, regulation or code and the owner/occupant has taken no substantial steps to correct the violation within six months following notification of the violation and for which fines or 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.
(b)
The Zoning Officer, Building Code Official or Code Enforcement Officer or Zoning Hearing Board shall not deny a municipal permit to an applicant if the municipal permit is necessary to correct a violation of Borough, county, state or federal statute, law, ordinance, regulation or code, provided all other conditions for the issuance of a municipal permit have been met.
(c)
In issuing a denial of a municipal permit, the Zoning Officer, Building Code Official or Code Enforcement Officer or Zoning Hearing Board shall issue the denial in writing and indicate the street address, municipal corporation and county in which the property is located and the court and the tax parcel number for each parcel cited as a basis for the denial. The denial shall be delivered by:
[1]
U.S. certified, registered, or express mail, return receipt requested (and such receipt shall be obtained or be certified as delivery refused);
[2]
Personal service in manner provided by the Pennsylvania Rules of Court for Civil Procedure for original process;
[3]
Hand delivery by a member of Borough staff or police officer or a private delivery service; or
[4]
Failing the above, posting on the property in a prominent location for a period of 14 days.
(d)
The information on the real property forming the basis for a municipal permit denial may be obtained from the information disclosed by the owner/occupant in accordance with § 298-5A or any other reliable information obtained through a search of records using governmental systems online or through direct contact with the office maintaining the systems, such as the court docket systems maintained by the Administrative Office of the Pennsylvania Courts, county/city department of records, offices of the recorder of deeds, municipal and county tax collectors and treasurers, county tax claim bureaus, prothonotary and clerk of court, private online fee based search services, and free searches on the internet.
(e)
The Zoning Hearing Board.
[1]
Municipal permits may be denied by the Board in accordance with the requirements of this section to the extent that approval of the municipal permit is within the jurisdiction of the Board. For purposes of this section, "Board" shall mean the Borough Zoning Hearing Board, granted jurisdiction to render decisions in accordance with the Pennsylvania Municipalities Planning Code.[3]
[2]
In any proceeding before the Board, the Borough may appear to present evidence that the applicant is subject to a denial by the Board in accordance with this section.
[3]
For purposes of this subsection, a municipal permit may only be denied to an applicant other than an owner if the applicant is acting under the direction of or with the permission of an owner.
(f)
Applicability of other law. A denial of a municipal permit shall be subject to the provisions of 2 Pa.C.S.A. Chapter 5, Subchapter B (relating to practice and procedure of local agencies), and Chapter 7 Subchapter B (relating to judicial review of local agency action), or the Pennsylvania Municipalities Planning Code,[4] for denials subject to the Act.
(g)
The Zoning Officer, Building Code Official or Code Enforcement Officer or Zoning Hearing Board shall review the disclosure form[5] and the searches, if any, prior to any plan or construction reviews or inspections to determine if such a review or inspection is unnecessary due to a municipal permit being denied under this section.
[5]
Editor's Note: Said disclosure form is included as an attachment to this chapter.
C.
Municipal permit denial appeals.
(1)
Right of appeal. The owner/occupant/applicant shall have a right to appeal the denial of a municipal permit in accordance with the applicable law governing such municipal permit. In the case of a denial by the Zoning Officer, Building Code Official or Code Enforcement Officer, the appeal shall be made with 30 days of the denial to the Board of Appeals established under the Uniform Construction Code.[6] If the owner/occupant/applicant has submitted to the Zoning Officer, Building Code Official or Code Enforcement Officer proof before the expiration of the 30 days that the owner/occupant/applicant is seeking proof of compliance under § 298-5, the municipal permit and the denial shall be held in abeyance for a forty-five-day period from written notice of the owner/occupant/applicant that they are seeking proof of compliance. If proof of compliance is not provided within that forty-five-day period, the appeal shall be made with 30 days of the expiration of the forty-five-day period to the Board of Appeals established under the Uniform Construction Code. Only one forty-five-day extension may be granted. In case of a denial by the Zoning Hearing Board, the appeal shall be to the court of common pleas and must be filed within 30 days of the date of denial.
(2)
With respect to a denial under the grounds authorized by the Act, the denial may only be reversed for the following reasons:
(a)
An authentic proof of compliance letter.
(b)
Evidence of substantial steps taken to remedy a serious violation set forth on the denial confirmed by an order of the court or the Zoning Officer, Building Code Official or Code Enforcement Officer.
(c)
Evidence of an approved remedial plan to address a serious violation set forth on the denial.
(d)
Evidence of a timely appeal or administrative contest of a tax, water, sewer, or refuse collection delinquency.
(e)
A failure of a state agency, school district, or municipality to issue a proof of compliance within 45 days of a request.
(g)
Any other verifiable evidence that establishes by a preponderance of the evidence that a serious violation or collection delinquency of tax, water, sewer, or refuse accounts does not exist.
(3)
With respect to denials for reasons other than those authorized by the Act, the provisions of the Uniform Construction Code or applicable zoning law shall govern.
D.
Proof of compliance.
(1)
All municipal permits denied in accordance with this section shall 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 Borough.
[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 Borough.
(2)
Letters required under this section shall be verified by the appropriate municipal officials before issuing a municipal permit to the applicant.
A.
Conflict with other laws. 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.
B.
Relief for inherited property. 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 plan in accordance with Section 6131(b)(1)(iii) of the Act[1] 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.
[1]
Editor's Note: See 53 Pa.C.S.A. § 6131(b)(1)(iii).