[Adopted 3-9-2020 by Ord. No. 2020-3]
This article may be cited as the "Borough of Lewistown Neighborhood
Blight Reclamation and Revitalization Ordinance."
This article is to implement in the Borough of Lewistown the
provisions of the act of October 27, 2010 (P.L. 875, No. 90), 53 Pa.C.S.A.
Ch. 61, known as the "Neighborhood Blight Reclamation and Revitalization
Act." There are deteriorated properties located in the Borough of
Lewistown as a result of neglect by their owners in violation of applicable
state and municipal 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 this municipality 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 Borough of Lewistown, as well as to tenants, adjoining property
owners and neighborhoods.
The following words and phrases when used in this article shall
have the meanings given to them in this section, unless the context
clearly indicates otherwise:
The act of October 27, 2010 (P.L. 875, No. 90), 53 Pa.C.S.A.
Ch. 61, known as the "Neighborhood Blight Reclamation and Revitalization
Act."
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 Borough of Lewistown.
The term does not include a subdivision and land development ordinance
or a zoning ordinance enacted by the Borough of Lewistown.
The Court of Common Pleas of Mifflin County.
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 the Borough
of Lewistown, including, but not limited to, building permits, zoning
permits, special exceptions to zoning ordinances, conditional uses
under zoning ordinances, licenses and permits related to the use of
real property, 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.
The Borough of Lewistown.
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 of use,
is regarded as a public nuisance at common law, has been declared
a public nuisance by the Codes office because of violations of the
most recent edition of the International Property Maintenance Code,
or by a court.
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 a state law or code that poses an imminent
threat to the health and safety of a dwelling occupant, occupants
in surrounding structures or a passerby, or a building placarded as
unfit or unsafe by the Borough of Lewistown.
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 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 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 Law"; 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.
In addition to any other remedy available at law or in equity,
the Borough of Lewistown 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 an 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 municipality 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.
B.
A proceeding in equity.
A person or other responsible party who lives or has a principal place of residence outside this commonwealth, who owns or is responsible for 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).
Where, after reasonable efforts, service of process for a notice
or citation for any code violation for any real property owned by
a corporation, association or trust cannot be accomplished by handing
a copy of the notice or citation to an agent, executive officer, partner
or trustee of the corporation, 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:
A.
To the registered office of the corporation, association or trust.
B.
Where the corporation, association or trust does not have a registered
office, 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.
C.
In the case of a corporation, notice shall be sent to the registered
office on file with the Department of State.
A.
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 § 110-49, Actions against owner of property with serious code violations.
B.
Nothing in this section shall be construed to authorize, in the case
of an owner that is a corporation, association or trust, a lien on
the individual assets of the general partner, agent or trustee, except
as otherwise allowed by law, limited partner, shareholder, member
or beneficiary of the association or trust.
A.
Permit denial.
(1)
The Borough Codes Officer and the Zoning Hearing Board shall deny
issuing to an applicant a municipal permit if the applicant owns real
property in the Borough of Lewistown or any municipality for which
there exists on the real property:
(a)
A final and unappeasable 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 municipality seeking to deny a municipal permit.
(2)
The Borough Codes 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 state law or a code, provided 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 contested 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 Codes 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 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 U.S. Certified Mail, return receipt requested; personal service
in manner provided by the Pennsylvania Rules of Court for Civil Procedure
for original process; or hand delivery by a member of the codes enforcement
staff.
(5)
The information on the real property forming the basis for a municipal
permit denial may be obtained by the Borough Codes Officer, or other
employee or agent of the Borough of Lewistown, from the information
disclosed by the owner 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.
Prior to making a determination on whether to deny a municipal permit,
the Borough Codes Officer or Zoning Hearing Board or other municipal
staff or contracted service provider may conduct a search using the
sources described in this subsection.
(6)
Zoning Hearing Board.
(a)
Permits may be denied by the Zoning Hearing 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.
(b)
In any proceeding before the Zoning Hearing Board the Borough
of Lewistown 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 the applicant is
acting under the direction or with the permission of an owner, and
the owner owns real property satisfying the conditions of § 110-50A(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 Chapter 7, Subchapter 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.
C.
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.
