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:
BOARD
Refers to the zoning hearing board or other body granted
jurisdiction to render decisions in accordance with the Municipalities
Planning Code, the State Borough Code, the ordinances of the Borough of Kenhorst, or any Board
authorized to act in a similar manner by law.
BOROUGH
Refers to the Borough of Kenhorst, Berks County, Pennsylvania.
BUILDING
Refers to a residential, commercial or industrial building
or structure and the land appurtenant to it.
CODE
Refers to a building, housing, property maintenance, fire,
health or other public safety ordinance enacted by the Borough. The
term does not include a subdivision and land development ordinance
or a zoning ordinance enacted by a municipality.
COURT
Refers to the appropriate court of common pleas or magisterial
district court.
MANAGING AGENT
A person designated by property owner to control or manage,
care of control upkeep of a property or a person/entity on behalf
of a third party, such as a foreclosing mortgaging lender, who is
charged with the care and upkeep of a property.
MORTGAGE LENDER
Refers to 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
Refers to 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 Subchapter A of Chapter
23 (relating to intergovernmental cooperation).
MUNICIPAL PERMITS
Refers to 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.
MUNICIPAL SERVICES
Refers to services provided at a cost by the Borough or other
municipal entity, 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.
OWNER
Refers to 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 this ownership
interest is a matter of public record.
PUBLIC NUISANCE
Refers to 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.
SERIOUS VIOLATION
Refers to a violation of a state law or code or ordinance
that poses an imminent threat to the health and safety of a dwelling
occupant(s) in surrounding structures or passersby.
STATE LAW
Refers to a statute of the commonwealth or a regulation of
an agency charged with the administration and enforcement of commonwealth
law.
SUBSTANTIAL STEP
Refers to 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/ordinance, 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
Refers to a 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 Claims and Tax Liens 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.