Unless the context clearly indicates otherwise, the following
words and phrases shall, for the purposes of this chapter, have the
hereinafter indicated meanings:
ACT
The Act of October 27, 2010 (Act 90), 53 Pa.C.S.A. Ch. 61,
known as the "Neighborhood Blight Reclamation and Revitalization Act."
AGENT
Any director, officer, servant, employee or other person
authorized to act on behalf of a corporation or association and, in
the case of an unincorporated association, a member of such association.
BLIGHTED PROPERTY
Any of the following:
A.
A premises:
(1)
Ascertained to be a public nuisance due to physical condition
or use and regarded as such at common law and deemed to be a danger
to public health, safety and welfare or public nuisance as regulated
by a locally adopted property maintenance code or, if no such code
exists, any compatible code enacted by the Act of November 10, 1999
(P.L. 491, No. 45), known as the "Pennsylvania Construction Code Act;"
or
(2)
The condition of which contains an attractive nuisance created
by physical condition, use or occupancy, including abandoned water
wells, shafts, basements, excavations and unsafe fences or other structures,
or which contains an unauthorized entry, unsafe equipment or other
safety risk.
B.
A dwelling that has been condemned or otherwise deemed unfit
for occupancy or use by the Borough or its representative due to dilapidated,
unsanitary, unsafe or vermin-infested condition or that is lacking
in the facilities and equipment as required by the Pennsylvania Construction
Code Act.
C.
A structure determined by the Borough or its representative
to be a fire hazard or otherwise that could easily catch fire or cause
a fire and endanger public health, safety and welfare.
D.
A vacant or unimproved lot or parcel of ground located in a
predominantly developed neighborhood that has become a place for the
accumulation of trash and debris or a haven for rodents and other
vermin by reason of neglect or lack of maintenance.
E.
A property that is vacant and has not been rehabilitated within
one year from receipt of notice for corrective action as issued by
the Borough or its representative, except a property where a valid
construction permit is in place.
F.
A vacant or unimproved lot or parcel of ground that is subject
to a municipal lien for the cost of demolition of a structure previously
located on the property and for which no payments on the lien have
been made for a period of 12 months.
G.
A vacant or unimproved lot or parcel of ground on which the
total municipal liens for delinquent real estate tax or any other
type of municipal claim are greater than 150% of the fair market value
of the property as established by the board of assessment appeals
or other body with legal authority to determine the taxable value
of the property.
H.
A property that has been declared abandoned in writing by the
owner, including an estate that is in possession of the property.
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 the Borough. The term does
not include the Subdivision and Land Development Ordinance, or the Zoning Ordinance enacted by the Borough.
COURT
The Court of Common Pleas of Union County, Pennsylvania.
MORTGAGE LENDER
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.
MUNICIPAL PERMITS
Privileges relating to real property, granted by the Borough
of Lewisburg, that are building permits, zoning permits, special exceptions,
conditional uses and variances granted under the Borough's Zoning
Ordinance and the Borough's Rental Registration and License Ordinance,
Fire Safety Inspection Ordinance, and any other authorizing a municipal
permit affecting real property for which the Borough desires to deny
permits under this chapter. The term does not include decisions on
the substantive validity of a zoning ordinance or map, 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 under leases for which a memorandum
of lease is recorded in accordance with the Act of June 2, 1959 (P.L.
454, 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 Code Enforcement Officer to be a public nuisance in accordance
with the Property Maintenance Code adopted by the Borough of Lewisburg 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 Borough and the owner of
the real property containing the violations.
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, occupants
in surrounding structures or a passerby; 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 Borough's Property Maintenance Code; or a vacant building whose exterior violates Section
304 of the 2015 International Property Maintenance Code or any other
successor statute, regulation or adopted property maintenance code.
STATE LAW
A statute of the Commonwealth of Pennsylvania or a regulation
of an agency thereof charged with the administration and enforcement
of state law.
SUBSTANTIAL STEP
An affirmative action as determined by the Code Enforcement
Officer 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 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), known as the "Municipal
Claim and Tax Lien Act," or any successor law to either of the said
statutes, located in the Borough of Lewisburg.
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 adopted and implemented
by the Borough of Lewisburg.