[Adopted 4-24-2017 by Ord. No. 636-2017]
This article shall be known as the "Lehighton Borough Blight
Reclamation and Revitalization Ordinance."
The Borough Council finds it to be the best interest of the
residents of the Borough of Lehighton 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 article shall
have the meanings given to them in this section unless the context
clearly indicates otherwise.
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.
Any of the following:
Premises which, because of physical condition or use, have been
declared by a court of competent jurisdiction as a public nuisance
at common law or have been declared a public nuisance in accordance
with the local housing, building, plumbing, fire and related codes
and ordinances, including nuisance and dangerous building ordinances.
Premises which, because of physical condition, use or occupancy,
are considered an attractive nuisance to children, including, but
not limited to, abandoned wells, shafts, basements, excavations and
unsafe fences or structures;
A dwelling which, because it is dilapidated, unsanitary, unsafe,
vermin infested or lacking in the facilities and equipment required
under the housing code of the municipality, has been designated by
the municipal department responsible for enforcement of the code as
unfit for human habitation;
A structure which is a fire hazard or is otherwise dangerous
to the safety of person or property.
A structure from which the utilities, plumbing, heating, water,
sewage or other facilities have been disconnected, destroyed, removed
or rendered ineffective so that the property is unfit for its intended
use;
A vacant or unimproved lot or parcel of ground in a predominately
built-up neighborhood which, by reason of neglect or lack of maintenance,
has become a place for accumulation of trash and debris or a haven
for rodents or other vermin.
An unoccupied property which has been tax delinquent for a period
of two years.
A property which is vacant but not tax delinquent and which
has not been rehabilitated within one year of the receipt of notice
to rehabilitate from the appropriate code enforcement agency.
Refer 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 Code of the Borough of Lehighton,
or any board authorized to act in a similar manner by law.
Shall refer to the Borough of Lehighton, County of Carbon,
Commonwealth of Pennsylvania.
Refer to a residential, commercial or industrial building
or structure and the land appurtenant to it.
Refer 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.
Refer to the appropriate court of common pleas or magisterial
district judge court.
Refer to 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.
Refer 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.
Refer to services provided at a cost by the Borough or other
municipal entity, including water service, sanitary sewer service,
electric 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.
Refer to 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.
Refer 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.
Refer to 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.
Refer to a statute of the commonwealth or a regulation of
an agency charged with the administration and enforcement of Commonwealth
law.
Refer 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, including, but not limited to, physical improvements
or repairs to the property, which affirmative action is subject to
appeal in accordance with applicable law.
Refer to 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";[2] the act of May 16, 1923 (P.L. 207, No. 153) referred to
as the "Municipal Claim and Tax Lien Law";[3] or the act of October 11, 1984 (P.L. 876, No. 171) known
as the "Second Class City Treasurer's Sale and Collection Act,"[4] located in any municipality in this commonwealth.
In addition to any other remedy available at law or in equity,
the Borough 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 or is a blighted property.
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 Borough 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 Borough to remedy any code violation.
B.Â
A proceeding in equity.
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 § 152-18A (relating to actions). 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.
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 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:
(1)Â
To the registered office of the association or citation trust.
(2)Â
Where the 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.Â
In the case of a corporation, notice shall be sent to the registered
office on file with the Department of State.
A.Â
The Borough 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 Borough or Board seeking to deny a municipal permit. The Borough
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 Borough 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 the Borough 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 Borough, the Borough 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. 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, for denials subject to the act.
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 (50 Stat. 888, 42 U.S.C.
§ 1437 et seq.) 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 § 152-21 (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.
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.
