[Added 9-8-2025 by Ord. No. 2177]
This article has been implemented by the City of Greensburg in compliance with and in the furtherance of the Act of October 27, 2010 (P.L. 875, No. 90), 53 Pa. C.S. Ch. 61, known as the Neighborhood Blight Reclamation and Revitalization Act. This article has been approved as an additional and supplemental enforcement mechanism to existing Code provisions of the City of Greensburg and is not the exclusive remedy available to the City. There are deteriorated properties located in City of Greensburg as a result of neglect by their owners in violation of applicable state and City of Greensburg Codes. These deteriorated properties create public nuisances which have an impact on crime and the quality of life of our residents and require significant expenditures of public funds in order to abate and correct the nuisances. 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 so as to render themselves unable to abate or correct the code, statutory and regulatory violations or tax delinquencies:
B.
To reduce the likelihood that the City and 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 City of Greensburg, as well as to tenants, adjoining property owners and neighborhoods.
The following words and phrases when used in this Article III of Chapter 205 shall have the meanings given to them in this section unless the context clearly indicates otherwise:
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 a municipality, being the City of Greensburg or another municipality. 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.
A business association defined as a "banking institution" or "mortgage lender" under 7 Pa.C.S. 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, occupancy permits, zoning permits, special exceptions, conditional uses or variances from the Zoning Code. The term includes approvals pursuant to land use ordinances other than 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 Title 53, Chapter 23, Subchapter A of the Pennsylvania Consolidated Statutes (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, including lessees under leases for which a memorandum of lease is recorded in accordance with the act of June 2, 1959 (P.L. 254 (vol.1), 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 appropriate official a public nuisance in accordance with a municipal code.
A plan for the correction of violations of state law or code that is part of an agreement between the owner and the municipality in which the real property containing the violations is located.
A violation of state law or a code that poses an imminent threat to the health and safety of a dwelling occupant, occupants in surrounding structures or a passerby.
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 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;
The act of May 16, 1923 (P.L. 207, No. 153), referred to as the Municipal Claim and Tax Lien Act; 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;
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 City of Greensburg 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 to correct the violation, unless the order is subject to a pending appeal before the administrative agency or court.
(b)
Notwithstanding any law limiting the form of action for the recovery of penalties by a municipality for the violation of a code, the City of Greensburg 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 municipality to remedy any code violation.
(2)
A proceeding in equity.
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 § 205-20A.
(2)
Construction. Nothing in this section shall be construed to authorize an action under Act No. 90- 2010, 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.
C.
Notwithstanding the definition of owner under § 205-19 or the provision in § 205-20B(2) of this code, where an action is brought under a statute of the commonwealth or an ordinance implementing such statute that authorizes by its language or applicable case law to treat a mortgage lender, officers, agents, and operators that are in control of a property as an owner or otherwise hold them personally responsible for code violations, such mortgage lenders, 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 Act No. 90-2010.
A.
All applications for a permit shall include a provision requiring the owner to disclose all real properties owned by the owner both inside of the City of Greensburg as well as in all other municipalities of the commonwealth in which there is a serious violation of state law or a code and the owner 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. This provision shall require the owner 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. § 4904(a) for an unsworn falsification to a government officer or employee (public servant) performing official functions. The following paragraph shall be added to permit applications to comply with this section:
The Owner/Applicant under penalty as provided in 18 Pa.C.S. § 4904(a) for an unsworn falsification to a public servant, such as Planning and Development Department employees of the City of Greensburg, swears or affirms that the Owner/Applicant owns no real property in which there is a serious violation of State law or a municipal code and for which the owner 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, except as follows: |
[Insert word "NONE" and initial if there are no such properties, but if there are such properties list the street addresses of such properties, their tax parcel numbers, and the municipalities and counties in which such properties are located.] |
B.
Municipal permit denial.
(1)
The Planning Director, or their designee. City Council or the Zoning Hearing Board ("City") may deny issuing to 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 or refuse collection 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 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. However, no denial shall be permitted on the basis of a property for which the judgment, order or decree is subject to a stay or supersedeas 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 City.
(2)
The permit shall not be denied to an applicant if the permit is necessary to correct a violation of state law or a code.
(3)
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.
(4)
In issuing a denial of a 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 City 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.
(5)
The information on the real property forming the basis for a permit denial may be obtained by the City from the information disclosed by the owner in their permit application or any other reliable information obtained through a search of records using governmental systems such the court docket systems maintained by the Administrative Office of the Pennsylvania Courts, county/city department of records, offices of the recorder of deeds, prothonotary and clerk of court, private online fee based search services, and free search services and records access. Prior to making a determination on whether to deny a permit the City may conduct a search using the sources described in this subsection, or any other means available to access information or records.
C.
Proof of compliance.
(1)
All municipal permits denied in accordance with this subsection 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.
(2)
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.
(3)
Letters required under this section shall be verified by the appropriate municipal officials before issuing to the applicant a municipal permit.
(4)
Permit denial by Board.
(a)
Municipal permits may be denied by a 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 a zoning hearing board or other body granted jurisdiction to render decisions in accordance with the act of July 31, 1968 (P.L. 805, No. 247), known as the Pennsylvania Municipalities Planning Code, or a similar board in municipalities not subject to that act.
(b)
In any proceeding before a board other than the governing body of the municipality, the municipality may appear to present evidence that the applicant is subject to a denial by the board in accordance with this section.
D.
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 or with the permission of an owner; and the owner owns real property satisfying the conditions of Subsection A.
E.
Right of appeal. A denial of a permit shall be subject to the appeal provisions for such a permit denial. In the absence of such, appeals shall be subject to the provisions of 2 Pa.C.S. Chs. 5 Subch. B (relating to practice and procedure of local agencies) and 7 Subch. B (relating to judicial review of local agency action) or the Pennsylvania Municipalities Planning Code, for denials subject to the Act. The owner shall be informed of the right, time and place to make an appeal.
A.
Conflict with other law. In the event of a conflict between the requirements of this article 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 agreement (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.