[Ord. 700, 12/7/2011]
This Part 4 may be cited as the "Township of Darby Neighborhood Blight Reclamation and Revitalization Ordinance."
[Ord. 700, 12/7/2011]
1. 
This Part 4 is to implement in the Township of Darby the provisions of the act of October 27, 2010 (P.L. 875, No. 90), 53 Pa.C.S.A. Chapter 61, known as the "Neighborhood Blight Reclamation and Revitalization Act."
2. 
There are deteriorated properties located in the Township of Darby as a result of neglect by their owners in violation of applicable state and municipal codes.
3. 
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.
4. 
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 this municipal City and other municipalities will have to address the owners' neglect and resulting deteriorated properties.
C. 
To sanction the owners for not adhering to their legal obligations to the Township of Darby, as well as to tenants, adjoining property owners and neighborhoods.
[Ord. 700, 12/7/2011]
The following words and phrases, when used in this Part 4, shall have the meanings given to them in this section, unless the context clearly indicates otherwise:
ACT
The act of October 27, 2010 (P.L. 875, No. 90), Pa.C.S.A. Chapter 61, known as the "Neighborhood Blight and Reclamation and Revitalization Act."
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 a municipality. The term does not include a subdivision and land development ordinance or a zoning ordinance enacted by a municipality.
COURT
The Court of Common Pleas of Delaware County.
MORTGAGE LENDER
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) 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.
MUNICIPALITY
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), 1.53 Pa.C.S.A. § 23 (relating to intergovernmental cooperation).
MUNICIPAL PERMITS
Privileges relating to real property granted by the Township of Darby that are building permits issued under the authority of the Pennsylvania Uniform Construction Code, zoning permits, special exceptions, conditional uses and variances granted under the Township of Darby's Zoning Ordinance, any certificate of use issued under the Certificate of Occupancy Ordinance in Chapter 11 of the Township's Code of Ordinances, as well as any other ordinance authorizing a municipal permit affecting real property for which the municipality desires to deny permits under this Part 4. 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.
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 that 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.
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 Building or Code Official a public nuisance, or by the court.
REMEDIATION PLAN
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.
SERIOUS VIOLATION
A violation of a state law or a code that poses an imminent threat to the health and safety of a dwelling occupant, occupant, occupants in surrounding structures or 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; a building placarded as unfit for human habitation so as to prevent its use under the Township of Darby's ordinances and/or codes.
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 codes 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:
A. 
The act of July 7, 1947 (P.L. 1368, No. 542), known as the "Real Estate Tax Sale Law";
B. 
The act of May 16, 1923 (P.L. 207, No. 153), referred to as the "Municipal Claim and Tax Liens Act";
C. 
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; or
D. 
Any successor law to any of the above statues.
UNIFORM CONSTRUCTION CODE
The act of November 10, 1999 (P.L. 491, No. 45), as amended, 35 P.S. §§ 7210.101 to 7210.1103, as implemented by Ordinance No. 1856.
[Ord. 700, 12/7/2011]
1. 
Actions. In addition to any other remedy available at law or in equity, the Township of Darby 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.
(1) 
An in personam action may be initiated for a continuing violation 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) 
As authorized by the Act, the Township of Darby reserves the right to 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.
B. 
A proceeding in equity.
2. 
Asset Attachment.
A. 
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 § 4-404, Subsection 1 (relating to actions).
B. 
Limitations Under the Act. In proceedings under the Act, except as otherwise allowed by law, where the owner is an association or trust, no lien shall be imposed upon the individual assets of any limited partner, shareholder, member or beneficiary of the owner.
3. 
Reservations of Rights and Remedies Under Law Other than the Act. The Township of Darby reserves all rights and remedies existing under statues other than the Act, its ordinances implementing them, and applicable case law, to obtain recovery for the cost of prevention and abatement of code violations and public nuisances, to the fullest extent allowed by law, from mortgage lenders, trustees, and members of liability companies and general partners and limited partners who provide management services to the real property, 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 statues, ordinances and applicable case law. Such action may be joined in one lawsuit against responsible parties with an action brought under the Act.
[Ord. 700, 12/7/2011]
1. 
Permit Application Form.
A. 
In addition to the requirements set forth in the governing ordinances, regulations or rules for the specific municipal permit being applied for under the ordinances referenced in the definition of "municipal permits" in § 4-403, all applications for a municipal permit shall include:
(1) 
If the owner is an individual, the home address of the owner.
(2) 
If the owner is an equity, 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 of the Pennsylvania Department of State under Title 15 of the Pennsylvania Consolidated Statues.
(3) 
The applications shall also include a provision requiring the owner to disclose real properties owned by the owner both inside of the Township of Darby 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, 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. 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 to 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.
B. 
All applicants for a municipal permit shall accurately complete the permit applicant disclosure form as from time to time adopted by the Board of Commissioners, subject to a penalty as described in 18 Pa.C.S.A. § 4904.
2. 
Municipal Permit Denials and Appeals.
A. 
Permit Denial.
(1) 
The Building Official, Housing Inspector, or the Zoning Hearing Board, under § 4-405, Subsection 2A(6), 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 statue 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 municipality seeking to deny a municipal permit.
(2) 
The Building Official, Housing Inspector or the Zoning Hearing Board shall not deny a municipal permit to an applicant if the municipal permit is necessary to correct a violation of state law or a code, provided that all other conditions for the issuance of a municipal permit have been met.
(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 contacted through a court or administrative process.
(4) 
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 Building Official, Housing Inspector or Zoning 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 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 the Act. The denial shall be delivered by United States certified, registered, or express mail, return receipt requested (and such receipt is obtained or delivery refused); personal service in a manner provided by the Pennsylvania Rules of Court for civil procedure for original process; hand delivery by a member of the codes enforcement staff; or a private delivery service that provides for a receipt (and such receipt is obtained or delivery refused).
(5) 
The information on the real property forming the basis for a municipal permit denial may be obtained by the Building Official, Housing Inspector or other employee or agent of Township of Darby from the information disclosed by the owner in accordance with § 4-405, Subsection 1, or any other reliable information obtained through a search of records using governmental systems on-line 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 Bureau, Prothonotary and Clerk of Court, private on-line fee-based search services, and free searches on the Internet. Prior to making a determination on whether to deny a municipal permit, the Building Official, Housing Inspector or Zoning Hearing Board, using the services of the Zoning Administrator or other municipal staff or contracted service provider, may conduct a search using the sources described in this § 4-405, Subsection 2A(5).
(6) 
Zoning Hearing 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 the Zoning Hearing Board of the Township of Darby, 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."[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
(b) 
In any proceeding before a board other than the Board of Commissioners of the Township of Darby, 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 purposes of this subsection, a municipal permit may only be denied to an applicant other than an owner if:
[1] 
The applicant is acting under the direction of or with the permission of an owner; and
[2] 
The owner owns real property satisfying the conditions of § 4-405, Subsection 2A(1).
B. 
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 2 Pa.C.S.A. Chapter 7, Subchapter B (relating to judicial review of local agency action) or the Pennsylvania Municipalities Planning Code, for denial subject to the Act.
(1) 
The Building Official, Housing Inspector or Zoning Hearing Board shall review the disclosure form and the searches, if any, in accordance with § 4-405, Subsection 2A(1), 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 § 4-405, Subsection 2.
(2) 
Right of Appeal. The owner 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 Building Official or Housing Inspector, the appeal shall be made within 30 days of the denial to the Board of Appeals established under the Uniform Construction Code, unless the owner has submitted to the Board of Appeals proof, before the expiration of the 30 days, that the owner is seeking proof of compliance under § 4-405, Subsection 2B, in which case the municipal permit and the denial shall be held in abeyance until the forty-five-day period for obtaining proof of compliance under § 4-405, Subsection 2B, has expired. In case of a denial by the Township Zoning Hearing Board, the appeal shall be to the Court of Common Pleas.
(a) 
With respect to a denial under the grounds authorized by the Act, the denial may only be reversed for the following reasons:
[1] 
An authentic proof of compliance letter in accordance § 4-405, Subsection 2B.
[2] 
Evidence of substantial steps taken to remedy a serious violation set forth on the denial, confirmed by an order of the court or the Building Official or Housing Inspector.
[3] 
Evidence of an approved remedial plan to address a serious violation set forth on the denial.
[4] 
Evidence of a timely appeal or administrative contest of a tax, water, sewer, or refuse collection delinquency.
[5] 
Failure of a state agency, school district or municipality to issue a proof of compliance within 45 days of a request.
[6] 
Failure of a state agency or municipality to provide the relief required under Section 6144 of the Act to an heir or devisee.
[7] 
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.
(b) 
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.
(c) 
The owner shall be informed of the right, time and place to make appeal.
C. 
Proof of Compliance.
(1) 
All municipal permits denied in accordance with this subsection 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 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 [provided that a copy of the request has been delivered to the municipality where the municipal permit has been applied for in accordance with § 4-405, Subsection 2B(4)]. 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) 
An owner seeking to obtain a proof of compliance in order to obtain a municipal permit that would otherwise be denied shall submit a copy of the owner's request for proof of compliance within five days of the date that request is sent to the appropriate state agency, municipality or school district, to the municipality from which a municipal permit is sought, or submit the copy of the request with the application for the municipal permit if such application is made at a later date.
[Ord. 700, 12/7/2011]
1. 
Conflict with Other Law. In the event of a conflict between the requirements of this Part 4 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.
2. 
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 violation or to enter into a remediation plan in accordance with Section 6131(b)(1)(iii) of the Act and § 4-405, Subsection 2B(1)(c) (relating to municipal permit denial) with the Township of Darby 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.
[Ord. 700, 12/7/2011]
All ordinances or parts of ordinances in conflict herewith be and are hereby repealed, except any ordinances or parts of ordinances that authorize that authorize greater remedies than this Part 4 are preserved.
[Ord. 700, 12/7/2011]
The provisions of this Part 4 shall be severable; and if any of its provisions are found to be unconstitutional or illegal, the validity of any of the remaining provisions of this Part 4 shall not be affected thereby.
[Ord. 700, 12/7/2011]
This Part 4 shall take effect immediately.