[Ord. 794-12, 3/26/2012]
The Borough Council finds it to be in the best interests of
the residents of the Borough of Hamburg, Berks County, Pennsylvania,
to provide for certain protections and safeguards in order to address
deteriorated properties, public nuisances and properties in serious
violation of state law or municipal codes. Such protections and safeguards
include denial of permits and actions at law and in equity in order
to address deteriorated properties which have an impact upon crime
and the quality of life of our residents and require expenditures
of public funds in order to abate and correct nuisances, violations
and delinquent municipal services accounts.
[Ord. 794-12, 3/26/2012]
For the purpose of this Part 10, the following terms shall have
the following meanings:
The Borough Council or the Borough Zoning Hearing Board or
other body granted jurisdiction to render decisions in accordance
with the Pennsylvania Municipalities Planning Code, the Pennsylvania
Borough Code, or the Borough Code of Ordinances of the Borough of
Hamburg, or a board authorized to act in a similar manner by law.
The Borough of Hamburg, Berks County, Pennsylvania.
A building, housing, property maintenance, fire, health or
other public safety ordinance enacted or adopted by the Borough, including
those ordinances, regulations and resolutions which establish and
assess fees for municipal services and privileges such as sewer, water,
refuse collection and parking. For purposes of this Part 10, the term
does not include a subdivision and land development ordinance or a
zoning ordinance enacted by the Borough.
Privileges related to real property granted by the Borough,
including, but not limited to, building permits, parking permits,
occupancy permits, and zoning permits, including special exceptions
or variances from zoning ordinances. 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 Borough Municipal Authority,
including water service, sanitary sewer service, refuse collection
and parking allotments/facilities, which benefit individual properties
and also serve to benefit the overall welfare, safety and health of
all residents of the Borough.
A holder of 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.
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 Borough Code Enforcement or Zoning Officer as a
public nuisance in accordance with the Borough Code, as amended.
A violation of a state law or Borough code (as both terms
are defined herein) or other applicable code that poses an imminent
threat to the health and safety of the dwelling occupant, occupants
in surrounding structures or passersby. Property found to be a public
nuisance is also considered to be a serious violation.
A statute of the Commonwealth of Pennsylvania or a regulation
of an agency charged with the administration and enforcement of law.
An affirmative action as determined by a Borough official
or officer of the court on the part of the owner or managing agent
to remedy a serious violation, including, but not limited to, physical
improvements or repairs to the property.
Tax-delinquent real property as defined under the Real Estate
Tax Sale Law (P.L. 1368, No. 542), the Municipal Claims and Tax Liens
Law (P.L. 207, No. 153), or the Borough Code.
[Ord. 794-12, 3/26/2012]
In addition to any other remedy available at law, including
those remedies available under the Neighborhood Blight Reclamation
and Revitalization Act (Act 90 of 2010), remedies available in equity
or other remedies as provided for in the Borough Code, the Borough
may institute the following actions against the owner of any property
that is in serious violation 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 by the Borough 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 the Borough for
the violation of a Borough Code, the Borough may recover, in a single
action under this section, an amount equal to the penalties imposed
against the owner and any costs of remediation lawfully incurred by,
or on behalf of, the Borough to remedy any code violation.
B.
A proceeding in equity.
C.
A lien may be placed against the assets of an owner of real property
that is in serious violation of Borough 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 either an in personam action or a proceeding in equity as set
forth above. In the case of an owner that is a business entity or
trust, this does not authorize a lien to be placed upon the individual
assets of the business entity, trustee, limited partner, shareholder,
member or beneficiary of the business entity or trust, except as otherwise
allowed by law.
[Ord. 794-12, 3/26/2012]
1.
A person who lives or has a principal place of residence outside
this commonwealth, who owns property in this commonwealth against
which the Borough Code or other applicable 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.
Chapter 91 (relating to detainers and extradition).
2.
Where, after reasonable efforts, service of process for a notice
or citation for any Borough code or other applicable code violations
for any real property owned by a business entity or trust cannot be
accomplished by handing a copy of the notice or citation to an executive
office, partner, or trustee of a business entity 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 a business entity or trust.
B.
Where a business entity or trust does not have registered office,
to the mailing address used for real estate tax collection purposes,
if accompanied by the posting of a conspicuous notice on the property
and by handing a copy of the notice or citation to the person in charge
of the property at that time.
[Ord. 794-12, 3/26/2012]
1.
The Borough may deny issuing to an applicant a municipal permit if
the applicant owns real property in the Borough for which there exists
on the real property:
A.
Tax and/or municipal services delinquencies on account of the actions
of the owner; or
B.
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, 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. No denial shall be permitted if a judgment is subject
to a stay or supersedeas by order of court, of if the municipal permit
is necessary to correct a violation of the state law or Borough Code.
2.
The municipal permit denial as above described shall not apply to
an applicant's delinquency on taxes and/or municipal services charges
that are under appeal or otherwise contested through a court or administrative
process.
3.
In issuing a denial of a municipal permit, the Borough shall indicate
the street address, the municipality 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 the form specified by such entity.
4.
All municipal permits denied in accordance with this section may
be withheld by the Borough until an applicant obtains a letter of
compliance from the appropriate state agency, municipality or school
district indicating the following:
A.
The property in question has no tax or municipal services delinquencies;
B.
The property in question is now in compliance with state law, the
Borough Code or other applicable codes; or
C.
The owner of the property has presented and the business entity has
accepted a plan to begin remediation of a serious violation of state
law, the Borough Code or applicable codes.
5.
If a letter of compliance or a letter of noncompliance, as the case
may be, is not issued within 45 days of the request, the property
shall be deemed to be in compliance for the purposes 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. Such letters shall be verified by the appropriate municipal
officials before issuing to the applicant a municipal permit.
6.
Boards, including the Borough Zoning Hearing Board, may deny approval
of municipal permits, if warranted as set forth above to the extent
that approval of such a municipal permit is within the jurisdiction
of the Board.
7.
The Borough may appear to present evidence that the applicant is
subject to denial by a Board in accordance with this section.
8.
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 the owner and that owner owns real property that is
subject to denial as set forth above.
[Ord. 794-12, 3/26/2012]
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
with the Borough to avoid subjecting the devisee's or heir's other
properties to asset attachment or denial of municipal permits and
approvals on other properties owned by the devisee or heir. Such opportunity
shall be given at the Borough's discretion and subject to the revocation
upon the devisee's or heir's failure to proceed with a payment plan
or to progress forward and complete a remediation plan.
