[HISTORY: Adopted by the City Council of the City of Monessen
as indicated in article histories. Amendments noted where applicable.]
[Adopted 4-27-2015 by Ord. No. 2-2015; amended in its entirety 10-11-2021 by Ord. No.
1250]
This chapter shall be known as the City of Monessen's "Blight
Reclamation and Revitalization Ordinance."
The City of Monessen finds it to be the best interest of the
residents of the City of Monessen 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 service 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.
The Planning Commission, the Board of Health, or the Zoning
Hearing Board, or such other body granted jurisdiction to render decisions
in accordance with the Municipalities Planning Code, the State Municipalities
Planning Code,[1] any Code of the City of Monessen, 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 City. 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.
Services provided at a cost by the City of Monessen or other
municipal entity, including water service, sanitary sewer service,
and refuse collection service, which benefit individual properties
and also serve to benefit the overall welfare, safety and health of
all residents of the City of Monessen.
The City of Monessen, Westmoreland County, Pennsylvania, or any city, borough, township, incorporated town, township or home rule, optional plan or optional charter municipality or municipal authority in this commonwealth and any entity formed pursuant to Subchapter A of Chapter 23 (relating to intergovernmental cooperation).[2]
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 serious violation may include
a violation of any City property maintenance code including, without
limitation, provisions relating to Unsafe Structures and Equipment
(108 of the 2015 IPMC), an Exterior Unsafe Condition (304.1.1 of the
2015 IPMC), or a Component Serviceability Unsafe Condition (306.1.1
of the 2015 IPMC). An imminent threat shall be interpreted to include,
without limitation, an imminent danger as such term may be defined
in accordance with any city 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 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[3]; the act of May 16, 1923 (P.L. 207, No. 153), referred
to as the Municipal Claim and Tax Lien Law[4]; or the act of October 11, 1984 (P.L. 876, No. 171) known
as the Second-Class City Treasurer's Sale and Collection Act,[5] located in any municipality in this commonwealth.
The City of Monessen, County of Westmoreland, Commonwealth
of Pennsylvania.
In addition to any other remedy available at law or in equity,
the City of Monessen 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.Â
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. 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 Monessen 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 City of Monessen to remedy any code violation.
B.Â
A proceeding in equity.
C.Â
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 section 6111 (relating to actions).[1] 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.
[1]
Editor's Note: So in original.
A.Â
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).
B.Â
Where, after reasonable efforts, service of 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 or trustee
of 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 to the registered office of the association
or citation trust. Where the association or trust does not have a
registered office, notice may occur by registered, certified or United
States Express Mail, 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.
A.Â
The City of Monessen 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:
(1)Â
Tax and/or municipal services delinquencies on account of the actions
of the owner; or
(2)Â
A serious violation 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 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 of Monessen or board seeking to deny a municipal permit.
The City of Monessen or 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.
B.Â
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.
C.Â
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 City of Monessen
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.
D.Â
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:
(1)Â
The property in question has no final and unappealable tax, water,
sewer or refuse delinquencies;
(2)Â
The property in question is now in state law and code compliance;
or
(3)Â
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:
(a)Â
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.
(b)Â
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.
E.Â
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. Letters
required under this section shall be verified by the appropriate municipal
officials before issuing to the applicant a municipal permit.
F.Â
Boards, including, without limitation, the City of Monessen's
Planning Commission, Board of Health, and 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.
G.Â
In any proceeding before a board other than the governing body of
the City of Monessen, the City of Monessen may appear to present evidence
that the applicant is subject to a denial by the board in accordance
with this section.
H.Â
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 that is subject to denial as set forth above.
I.Â
A denial of a municipal permit shall be subject to the provisions of 2 Pa.C.S.A. 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,[1] for denials subject to the act.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
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 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 Section 6131(b)(1)(iii)[1] (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.
[1]
Editor's Note: So in original.
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.
The City of Monessen's Clerk, Code Enforcement Department
and City of Monessen's Solicitor, and all others employed or
appointed by the City of Monessen, are authorized to take all action
necessary to ensure implementation of and effect the purpose hereof.
Any and all ordinances and/or resolutions, or parts thereof,
conflicting herewith are repealed insofar as the matters herein are
affected.
The provisions of this article are severable, and if any clause,
sentence, subsection or section hereof shall be adjudged by any court
of competent jurisdiction to be illegal, invalid or unconstitutional,
such judgment or decision shall not affect, impair or invalidate the
remainder but shall be confined in its operation and application to
the clause, sentence, subsection or section rendered. It is hereby
declared the intent of the City of Monessen's Council that this
article would have been adopted if such illegal, invalid, or unconstitutional
clause, sentence, subsection, or section had not been included therein.
This is effective immediately upon enactment according to law,
and shall remain in effect hereafter until revised, amended, repealed,
or revoked by action of the City of Monessen.
[Adopted 12-28-2020 by Ord. No. 13-2020; amended in its entirety 10-11-2021 by Ord. No.
1249]
This article may be cited as the City of Monessen "Nuisance
Abatement Ordinance."
The Third Class City Code requires an ordinance to effectuate
and implement its public nuisance investigation, determination, and
abatement provisions. Furthermore, nuisance properties present grave
health, safety, welfare, and financial concerns, where the persons
responsible for such properties have failed to take corrective action
to abate the nuisance condition. Nuisance properties have a tremendous
negative impact upon the quality of life, safety, and health of the
neighborhoods where they are located. This article is enacted to supplement
and further define, effectuate, and implement portions of the Third
Class City Code relating to the investigation, determination, and
abatement of public nuisances, including, without limitation, 11 Pa.C.S.A.
§ 127A01 et seq., in order to ameliorate those conditions
which exist on nuisance properties, and hold accountable the property
owners of nuisance properties for those conditions.
When used in this article, the following terms, words, and phrases
shall have the following meanings unless the context clearly indicates
otherwise or unless such definition is superseded by any definition
contained in Chapter 127 of the Third Class City Code, 11 Pa.C.S.A.
§ 127A01 et seq. (which superseding definitions shall be
incorporated herein by reference).
The removal, stoppage or destruction by any reasonable means
of the cause or constitution of a public nuisance.
The City Board of Health (or the City Council acting as a
Board of Health pursuant to 11 Pa.C.S.A § 12301), the City
Engineer, the City Code Enforcement Office, and the City Uniform Construction
Code Administration Office, acting in cooperation with each other,
or any other City department(s) designated by resolution of City Council
to determine the existence of and to abate a public nuisance in accordance
with this article.
With regard to the property on which the alleged public nuisance
exists, the owner of record, based upon the city's real estate
registry if the city maintains a registry or, if the city does not
maintain a real estate registry on the tax assessment records of the
city or of the county in which the city is located. The term may include
any person in whom is vested all or any part of the legal or equitable
title to the property or who has charge, care or control of the property
as agent, executor, administrator, assignee, receiver, trustee, guardian,
lessee or mortgagee in possession.
Personal property or real property and any improvements to
real property.
Any of the following:
Conduct or property, or the condition or use of property, defined
or declared to be a public nuisance under any provision of this article
or other law.
Conduct or property, or the condition or use of property, if
the department determines that it endangers the health or safety of,
or causes hurt, harm, inconvenience, discomfort, damage or injury
to, a person or property in the City by reason of the conduct or property
or the condition or use of the property, being any of the following:
A menace, threat or hazard to the general health and safety
of the community.
A fire hazard.
A building or structure that is unsafe for occupancy or use.
Property that is so inadequately or insufficiently maintained
that it diminishes or depreciates the enjoyment and use of other property
in its immediate vicinity to the extent that it is harmful to the
community in which the property is situated.
Unauthorized accumulations of garbage and rubbish and the unauthorized
storage of abandoned or junked automobiles or other vehicles on private
or public property, and the carrying on of any offensive manufacture
or business.
Abatement of a public nuisance by the City without prior
notice to the owner of the property in accordance with the Third Class
City Code[1] and this article.
[1]
Editor's Note: See 11 Pa.C.S.A. § 10101 et
seq.
In conjunction with the Third Class City Code,[1] the City Code Enforcement Office, the City Uniform Construction
Code Administration Office, and the City Engineer may receive reports
of a possible nuisance. Reports may be submitted by a member of the
public, City employee, or elected or appointed City official or result
from inspections made by the department.
A.Â
Criteria. Any violation of the City property maintenance code, building
code, or other ordinance relating to the health and welfare of residents
and property in the City may constitute and be determined to be a
public nuisance following investigation of said reports. The City
may establish additional written policies or criteria for investigating
said reports made for the purpose of determining the existence of
a public nuisance.
B.Â
Notification. If the department, either as a result of a report or
an investigation, reasonably believes the reported property involves
a building that appears to be structurally unsafe, the department
shall notify the City's building inspector or other appropriate
official who shall cause the property to be inspected, subject to
constitutional standards in a similar manner as those relating to
powers of the City Board of Health and submit a written report to
the department.
C.Â
Determination. Upon completing its investigation and receiving any
written reports required under this section, the department shall
determine all of the following:
(1)Â
If a public nuisance exists.
(2)Â
If the public nuisance is of such a severe and substantial nature
that it presents a clear, immediate and substantial danger to public
health or safety or to the health or safety of any occupant of a property
on which a public nuisance exists or of any property in the vicinity
of the public nuisance that it is sufficient to justify extraordinary
and immediate action without prior notice to the owner of the property
to avoid personal injury, death or substantial loss of property.
D.Â
Retention of records. Following an investigation, the department
shall retain a copy of its findings, including any reports and any
photographs of the property or condition investigated.
[1]
Editor's Note: See 11 Pa.C.S.A. § 10101 et
seq.
The City of Monessen hereby expressly adopts and authorizes
the power to utilize summary abatement of public nuisances, pursuant
to the procedures set forth in the Third Class City Code and this
article.
A.Â
Conditions. In the case of a reported public nuisance, the department
shall have authority to utilize summary abatement if all of the following
occur:
B.Â
Notice not required. If summary abatement is implemented pursuant
to this section, the department, including the authorized City Public
Works Department, the City Redevelopment Authority, or any contractor
of the City, shall have the authority to enter upon the property for
the purpose of abatement without prior notice to the owner of the
property or to the holders of liens on the property.
C.Â
Procedure. The following shall apply:
(1)Â
Within 10 days following a summary abatement, the department shall
post on the property upon which the abatement has occurred a notice
describing the action taken to abate the nuisance.
(2)Â
Within 20 days following a summary abatement, the department shall
determine the identity of the owner of the property by reference to
the City's real estate registry if the City maintains a registry
or, in the absence of a registry, by reference to county assessment
records, and the identity of the holders of all liens upon the property
which are properly indexed among the records of the county and provide
to the owner and to all lienholders written notice, by first-class
mail or hand delivery, of the action taken to abate the nuisance.
(3)Â
Within 30 days following a summary abatement, the department shall
file with the City Treasurer or other financial officer of the City
designated by City Council a statement of costs of the abatement,
which shall include the administrative fee and civil penalty provided
by Chapter 127A of the Third Class City Code.[1] After filing with the City Treasurer, notice of the statement
of costs shall be provided to the owner and lienholders in accordance
with Chapter 127A of the Third Class City Code.
[1]
Editor's Note: See 11 Pa.C.S.A. § 127A01 et
seq.
The department shall have the authority to abate a public nuisance with prior notice as provided by this section if, after inspecting the property or condition reported to be a public nuisance, subject to constitutional standards in a similar manner as those relating to powers of the City Board of Health, the department determines, as provided for in § 273-17 herein, that the public nuisance exists.
A.Â
Method of notice.
(1)Â
If the department proceeds with abatement pursuant to this section,
it shall identify the owner of the property by reference to the City's
real estate registry if the City maintains a registry or, in the absence
of a registry, by reference to county assessment records and shall
immediately serve a written notice on the owner by any of the following
methods:
(a)Â
Personal service.
(b)Â
Leaving a copy of the notice at the place of residence or business
of the owner or the address of the owner shown in the City's
real estate registry or in the records in the office of the recorder
of deeds.
(c)Â
Mailing a copy by United States certified mail, return receipt
requested, to the owner at the owner's current address shown
in the City's real estate registry or in the records in the office
of the recorder of deeds.
(2)Â
If service of the written notice is unable to be perfected by any of the methods under Subsection A(1), the department shall publish a copy of the notice in a newspaper of general circulation once a week for two consecutive weeks and shall provide a copy of the notice to the individual in possession of the property on which the department has determined that the public nuisance exists, or, if there is no individual in possession of the property, the department shall post a copy of the notice at the structure, location or premises.
(3)Â
The department shall determine from the records in the offices of
the recorder of deeds the identities of all lienholders of the property
and serve a written notice on all lienholders by United States certified
mail, return receipt requested.
B.Â
Contents of notice. The notice to the owner and lienholders shall
state clearly and concisely the findings and determination of the
department with respect to the existence of a public nuisance. The
notice shall further state that the public nuisance shall be abated
by the City at the expense of the owner unless it is otherwise abated
within 30 days of the notice or within any extension of that period
granted by the department.
C.Â
Duty of owner. Within 30 days after written notice has been provided
pursuant to this section, the owner shall remove and abate the nuisance.
D.Â
Liability. A person who is the owner of the premises, location, or
structure at the time a notice to abate a public nuisance is issued
and served upon the person shall be responsible for complying with
the notice and shall be liable for any costs incurred by the City
in connection with the notice, notwithstanding if the person conveyed
the person's interest in the property to another after the notice
was issued and served.
E.Â
Defense. It shall not be a defense to the determination that a public
nuisance exists that the property is boarded up or otherwise enclosed.
An owner of the property who has been served with a notice pursuant to § 273-19 herein shall have the right of appeal and may request and have a timely hearing on the question of whether a public nuisance as described in such notice, in fact, exists. All such appeals must be in writing, signed, and be received by the City within 30 days of the date of such notice and shall contain the mailing address of such owner sufficient for purposes of providing any legal notice. Appeal hearings shall be scheduled and heard in a timely manner. City Council, or a committee of three council members appointed by City Council, shall constitute the Public Nuisance Appeals Board which, if an appeal is taken, shall conduct the hearing on the question of whether a public nuisance as described in such notice, in fact, exists. The Appeals Board may uphold, amend or modify the determination of the department or extend the time for compliance with the department's order if the extension is limited to a specific time period.
If a public nuisance has not been abated at the expiration of 30 days after notice has been provided, or within additional time as the department or Appeals Board may grant, taking into consideration the provisions of § 273-20 herein (relating to appeal after notice and hearing), the department, including the authorized City Public Works Department, the City Redevelopment Authority, or any contractor of the City, shall have the authority to enter upon the property for the purpose of abatement.
A.Â
Abatement assistance. In abating a public nuisance, the department
may call upon any of the City departments or divisions for assistance,
as shall be deemed necessary, or may abate the public nuisance by
private contract.
B.Â
Statement of costs. Upon abatement in accordance with this section,
the department shall file with the City Treasurer or other financial
officer of the City designated by City Council a statement of costs
of the abatement, which shall include the administrative fee and civil
penalty provided by the Third Class City Code[1] and this article.
[1]
Editor's Note: See 11 Pa.C.S.A. § 10101 et
seq.
C.Â
Administrative fee and civil penalties. Whenever a public nuisance
is abated by the City, the statement of the costs of the public nuisance
shall include the City's actual cost of abatement, plus an administrative
fee, not to exceed 10%, and a civil penalty. For the first abatement
of a public nuisance upon any owner's property within the City
in any two-year period, the civil penalty shall be $250. For second
and subsequent abatements upon any properties of any owner within
the City during any two-year period, the civil penalty shall be $500.
The increased civil penalty shall be imposed and collected regardless
of whether the second and subsequent public nuisances upon property
or properties of an owner involve the same property or the public
nuisances are of the same or different character.
D.Â
Salvage of materials. If deemed practicable by the department, the
department may salvage and sell at private or public sale any material
derived from an abatement of a public nuisance. Pursuant to this article,
all of the following shall apply to the proceeds obtained from the
sale of any material salvaged as a result of an abatement:
(1)Â
The proceeds shall be deposited into a non-interest-bearing escrow
account of the City.
(2)Â
The proceeds may be applied against the amount of the costs, fees
and penalties relating to the abatement.
(3)Â
If the amount of the proceeds exceeds the amount of the costs, fees
and penalties, any excess shall be paid to the owner.
A.Â
Notice of assessment. Upon receipt of the statement of costs from the department, either for a summary abatement pursuant to § 273-18 herein (relating to summary abatement) or for an abatement with notice pursuant to § 273-19 herein (relating to prior notice of abatement), the City Treasurer or other financial officer of the City designated by Council shall, in accordance with the methods of service in § 273-19 herein, give notice of the amount set forth in the statement of costs to the owner and lienholders of the property upon which the public nuisance has been abated. The notice shall state that the City proposes to assess against the property the amount set forth in the notice and that objections to the proposed assessment must be in writing, signed, and be received by the designated officer within 20 days from the date of mailing the notice and shall contain the mailing address of such owner sufficient for purposes of providing any legal notice.
B.Â
Lien. Upon the expiration of the twenty-day period if no written
objections have been received by the designated officer, the total
amount of costs, fees and penalties specified in the statement of
costs may be entered as a lien against the property on which the nuisance
was abated and shall be collected in the manner provided for the collection
of municipal claims and liens, subject to rights of appeal provided
in this section.
C.Â
Administrative review. If objections of the owner or a lienholder are received by the designated officer prior to the expiration of the twenty-day period, the officer shall refer the matter to the department for administrative review. Objection hearings shall be scheduled and heard in a timely manner by the Public Nuisance Appeals Board, as described in § 273-20 herein.
D.Â
Final administrative decision. The determination of the Public Nuisance
Appeals Board on any objection or appeal shall be a final administrative
decision within the City.
E.Â
Reduction or cancellation of assessment. The department, in administrative
review, or the public nuisance appeals board, on objection or appeal,
may reduce or cancel a proposed assessment if it is determined that
any of the following did not conform to the provisions of Chapter
127A of the Third Class City Code[1] or this article:
(1)Â
The notice to remove the nuisance.
(2)Â
The work performed in abating the nuisance.
(3)Â
The computation of charges.
[1]
Editor's Note: See 11 Pa.C.S.A. § 127A01 et
seq.
F.Â
Elimination of civil penalty. The department, in administrative review,
or the Public Nuisance Appeals Board, on appeal, may reduce a proposed
assessment by eliminating the civil penalty portion of the statement
of costs if any of the following apply:
(1)Â
The current owner did not own the property at the time the notice required in § 273-19 herein was posted.
(2)Â
The owner did not receive the notice to remove the public nuisance,
did not have knowledge of the public nuisance and could not, with
the exercise of reasonable diligence, have had knowledge of the public
nuisance.
Notwithstanding the right of the City to utilize in rem proceedings to pursue collection of the costs, fees, and penalties in the statement of costs as a municipal claim, the person who is the owner of the property at the time of a summary abatement at which the notice required is given, or, in the case of an abatement pursuant to § 273-19 herein, the person who was the owner of the property at the time notice of the existence of the public nuisance was given, shall be personally liable for the amount of the assessment, including all interest, other charges, and, except as provided in § 273-22 herein, civil penalties.
It is herein declared that the provisions of this article are
severable, and if any provisions, portions, or sections of this article
are declared to be illegal, invalid, or unconstitutional, the decisions
of any court, which makes declarations, shall not impair or affect
any of the remaining portions of this article.
Any ordinance or part of part of any ordinance that conflicts
with the provisions of this article is hereby repealed to the extent
of any such conflict on the effective date of this article.
This article shall become effective immediately after its enactment.
