[HISTORY: Adopted by the Borough Council of the Borough of
Middletown 11-1-2016 by Ord. No.
1332, approved 11-1-2016[1]. Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed former Ch. 210,
Property Maintenance, adopted 7-11-2005 by Ord. No. 1194, approved
7-11-2005, as amended.
A.
That a certain document, one copy of which is on file in the Office of Code Enforcement of the Borough of Middletown, Dauphin County, Pennsylvania, being marked and designated as the International Property Maintenance Code, 2018 edition, as published by the International Code Council, including Appendix A, Boarding Standards, be and is hereby adopted as the Property Maintenance Code of the Borough of Middletown, Dauphin County, Pennsylvania, for regulating and governing the conditions and maintenance of all property, buildings and structures by providing the standards for supplied utilities and facilities and other physical things and conditions essential to ensure that structures are safe, sanitary and fit for occupation and use; and the condemnation of buildings and structures unfit for human occupancy and use, and the demolition of such existing structures as herein provided; providing for the issuance of permits and collection of fees therefor; and each and all of the regulations, provisions, penalties, conditions and terms of said Property Maintenance Code on file in the Office of Code Enforcement of the Borough of Middletown are hereby referred to, adopted, and made a part hereof, as if fully set out in this legislation, with the additions, insertions, deletions and changes, if any, prescribed in § 210-3 of this chapter.
[Amended 8-16-2022 by Ord. No. 1395, approved 9-6-2022]
B.
As new editions of the International Property Maintenance Code, 2015
edition, are published by the International Code Council, the same
shall become effective in the Borough of Middletown 30 days after
the Borough of Middletown duly advertises the enactment and publication
of the same in a newspaper of general circulation.
A.
Wherever the term "chief appointing authority" or "appointing authority"
is used in the International Property Maintenance Code, it shall mean
the Borough Council of the Borough of Middletown.
B.
Wherever the term "date of adoption of this code" is used in the
International Property Maintenance Code, it shall mean the date of
enactment of this chapter.
C.
Wherever the term "legal representative" or "legal counsel" is used
in the International Property Maintenance Code, it shall mean the
Solicitor of the Borough of Middletown.
D.
Wherever the term "municipality," "name of jurisdiction" or "this
jurisdiction" is used in the International Property Maintenance Code,
it shall mean the Borough of Middletown (the "Borough").
E.
Wherever the term "department of property maintenance inspection,"
"department of property maintenance," or "the department" is used
in the International Property Maintenance Code, it shall mean the
Office of Code Enforcement.
The following sections of the International Property Maintenance
Code are hereby revised as follows:
A.
Chapter 1 (Scope and Application).
(1)
Section 101.1 (Title) is hereby amended to read as follows:
These regulations shall be known as the "Property Maintenance
Code of the Borough of Middletown," hereinafter referred to as "this
code."
(2)
Section 102.10 (Other laws) is hereby amended to read as follows:
102.10.1 The provisions of this code shall not be deemed to
nullify any provisions of local, state or federal law.
102.10.2 Where this code conflicts with other regulations or
chapters of the Code of Ordinances of the Borough of Middletown, the
more restrictive regulation or chapter shall govern. Violations of
other regulations or chapters shall be considered violations of this
code, and at the option of the Borough, the enforcement provisions
of this code (including penalties and fines) may be applied in lieu
of enforcement provisions, if any, provided for in such other regulation
or chapter. Notwithstanding the above, this code shall not control
if this code is identified by name and its application is expressly
restricted by such other regulation or chapter by provisions referenced
in such other regulation or chapter or by provision of this code.
(3)
Section 103.5 (Fees) is hereby amended to read as follows:
The fees for activities and services performed by the department
in carrying out its responsibilities under this code shall be as indicated
in a fee schedule adopted by the resolution of the Borough Council
establishing such fees, which may be amended from time to time.
(4)
Section 106.3 (Prosecution of violation) is hereby amended to read
as follows:
Any person failing to comply with a notice of violation or order
served in accordance with Section 107 shall be deemed guilty of a
summary offense. If the notice of violation is not complied with,
the Borough shall institute the appropriate proceeding at law or in
equity to restrain, correct or abate such violation, or to require
the removal or termination of the unlawful occupancy of the structure
in violation of the provisions of this code or of the order or direction
made pursuant thereto. Any action taken by the authority having jurisdiction
on such premises shall be charged against the real estate upon which
the structure is located and shall be a lien upon such real estate.
(5)
Section 106.4 (Violation penalties) is hereby amended to read as
follows:
Any person who shall violate any provision of this code, upon
conviction thereof in an action brought before a District Magistrate
Judge in the manner provided for the enforcement of summary offenses
under the Pennsylvania Rules of Criminal Procedure, shall be sentenced
to pay a fine of not less than $100 nor more than $1,000, plus costs
and reasonable attorney's fees, for each separate offense and, in
default of the payment of such fine, costs and fees, may be sentenced
to imprisonment for 90 days, or to the extent allowed by law for the
punishment of summary offenses. Each day that a violation of this
chapter continues or each section of this chapter which shall be found
to have been violated shall constitute a separate offense.
(6)
Section 111.1 (Application for appeal) shall be amended to read as
follows:
Any person affected by a decision of the code official or a
notice or order issued under this code shall have the right to appeal
to the Board of Appeals, provided that a written application for appeal
is filed within 20 days after the day of decision, notice or order
was served. The appeal shall be upon such form as the Borough Council
shall prescribe, shall be filed in duplicate and shall be filed with
the code official. The parties to the appeal shall be the person filing
the appeal, the owner and the Office of Code Enforcement.
(7)
Section 111.2 (Membership of the Board) shall be amended to read
as follows:
The Board of Appeals shall consist of the Borough Council of
the Borough of Middletown. The Board of Appeals may engage the services
of such professionals and disciplines as it shall deem necessary.
(8)
Sections 111.2.1 (Alternate members), 111.2.2. (Chairman), 111.2.3.
(Disqualification of member), 111.2.4. (Secretary) and 111.2.5. (Compensation
of members) shall be deleted in their entirety.
(9)
Section 111.3 (Notice of hearing) shall be amended to read as follows:
The Board shall meet upon notice from the Borough Manager or
Borough Secretary, within 20 days of the filing of an appeal, or at
a regularly scheduled Borough Council meeting within 30 days of the
filing of an appeal.
(10)
Section 111.4 (Open hearing) shall be amended to read as follows:
Hearings before the Board shall be open to the public. The appellant,
the appellant's representative, the code official and any person whose
interests are affected shall be given an opportunity to be heard.
A quorum shall consist of a majority of the Board of Appeals then
in office.
(11)
Section 111.4.1 (Procedure) shall be amended to read as follows:
Section 111.4.1 (Evidence). The Board of Appeals shall not be
bound by technical rules of evidence, and all relevant evidence of
reasonable probative value may be permitted. Reasonable examination
and cross-examination shall be permitted.
(12)
Section 111.6 (Board decision) shall be amended to read as follows:
The Board of Appeals shall modify or reverse the decision of
the code official only by a concurring vote of a majority of the total
number of Board members in attendance at the meeting where action
is taken on the decision, but within 30 days after the conclusion
of the hearing. Failure to render a decision within 30 days after
the conclusion of the hearing shall not be deemed approval in favor
of appellant.
(13)
Section 111.6.1 (Records and copies) shall be amended to read
as follows:
The decision of the Board of Appeals shall be recorded. Every
decision shall be in writing and shall contain findings and the reason
for the decision. Every decision shall be filed in the Office of Code
Enforcement and shall be open to public inspection. A certified copy
of the decision shall be served upon all parties or their counsel
personally or by mail not later than 10 days following the decision.
(14)
Section 111.7 (Court review) shall be amended to read as follows:
Any person, whether or not a previous party of the appeal, shall
have the right to apply to the Court of Common Pleas of Dauphin County,
Pennsylvania, to correct errors of law made by the Board of Appeals
in its decision. Such appeal shall be filed within 30 days after the
date of written notice of the decision of the Board of Appeals is
mailed to the appellant.
(15)
Section 112.4. (Failure to comply) shall be amended to read
as follows:
Any person who shall continue any work after having been served
with a stop-work order, except such work as that person is directed
to perform to remove a violation or unsafe condition, shall be liable
for the penalties prescribed in Section 106.4 of this code.
B.
Chapter 2 (Definitions).
(1)
Section 202 (General Definitions) shall be amended as follows:
(a)
INOPERABLE VEHICLE
RUBBISH
The following terms and definitions shall be amended to read
as follows:
A vehicle that cannot be operated upon the public streets
for any reason, including, but not limited to, being unlicensed, unregistered,
uninsured, abandoned, or incapable of being moved under its own power,
regardless of whether it is also a nuisance vehicle. In addition,
any vehicle without a current inspection sticker for more than six
months shall be considered an inoperable vehicle.
[Amended 1-3-2023 by Ord. No. 1402, approved 1-3-2023]
Combustible and noncombustible waste materials, except garbage;
the term shall include the residue from the burning of wood, coal,
coke and other combustible materials, paper, rags, cartons, boxes,
wood, excelsior, rubber, leather, tree branches, yard trimmings, tin
cans, scraps of (deteriorated or discarded) metals, mineral matter,
glass, concrete; as well as discarded building materials, crockery,
trash, debris, dust and other similar materials.
[Added 5-2-2023 by Ord. No. 1404, approved 5-2-2023]
(b)
NUISANCE VEHICLE
[1]
[2]
[3]
[4]
[5]
[6]
[7]
[8]
[9]
[10]
[11]
[12]
[13]
[14]
[15]
[16]
[17]
[18]
[19]
VEHICLE
The following terms and definitions shall be added in alphabetical
order to read as follows:
A vehicle exhibiting any of the following nonexhaustive dangerous
or hazardous physical characteristics, regardless of whether it is
also an inoperable vehicle, because they create, or could create,
a threat to public safety or the welfare of citizens:
Broken windshields, mirrors or other glass with sharp edges.
One or more flat or open tires or tubes which could permit vermin
harborage.
Missing doors, windows, hoods, or other body parts which could
permit vermin harborage.
Any body parts with sharp edges, including holes resulting from
rust.
Damaged wheels or missing tires resulting in unsafe suspension
of the vehicle.
Upholstery which is torn or open which could permit vermin harborage.
Broken headlamps or taillamps with sharp edges.
Disassembled chassis parts from a vehicle stored in a disorderly
fashion or loose in or on the vehicle.
Protruding sharp objects from the chassis.
Vehicle frames suspended from the ground in an unstable manner.
Leaking or damaged oil pan or gas tank which could cause fire
or explosion.
Exposed battery containing acid.
Inoperable locking mechanism for doors or trunks.
Open or damaged floorboards, including trunk and fire wall.
Damaged bumpers pulled away from the perimeter of a vehicle.
Broken grill with protruding edges.
Loose or damaged metal trim and clips, broken communications
equipment and antenna.
A vehicle suspended on unstable supports.
Such other characteristics or defects which could threaten the
health, safety and welfare of the citizens of the Borough.
An assembly of parts, designed to have a wheel or wheels,
or revolving track or tracks, which would enable the assembly to be
more readily moved over the land or surfaces, used or intended for
use (whether as a primary use or ancillary use) in transporting persons,
other living things, materials of any kind, or other assemblies.
C.
Chapter 3 (General Requirements).
(1)
Section 302.1 (Sanitation) shall be amended to read as follows:
Exterior property and premises shall be maintained in a clean,
safe and sanitary condition. Conditions which present a hazard or
nuisance to the health, safety and welfare of the general public shall
not be permitted on any property or premises. The occupant shall keep
that part of the exterior property that such occupant occupies or
controls in a clean and sanitary condition.
(2)
Section 302.4 (Weeds) shall be amended to read as follows:
[Amended 5-2-2023 by Ord. No. 1404, approved 5-2-2023]
|
Section 302.4 Weeds; Trees
|
|
(A)
|
Weeds and Noxious Vegetation. All premises and exterior property
shall be maintained free from weeds, grass or plant growth in excess
of eight inches, excluding shrubs, cultivated flowers and gardens.
All noxious weeds as defined by the Chapter 15 (Controlled Plants
and Noxious Weeds) of Title 3 [Agriculture, Part III (Plants and Plant
Products)] of the Pennsylvania Consolidated Statutes, as amended,
3 Pa.C.S.A. § 1501 et seq., including Class A, Class B and
Class C noxious weeds, shall be prohibited.
| ||
|
(B)
|
Trees.
| ||
|
1)
|
Hazardous Trees; Notice. Any person owning a tree within the
public right-of-way which is deemed by the Borough to be a danger
to public safety, health and welfare, or public or private property,
by reason of the tree's damaged or diseased condition or the
tree not being maintained in compliance with the care provisions of
this Ordinance, shall be notified in writing to remove or trim the
tree, or trees, as required, within such time as specified.
| ||
|
2)
|
Municipal Lien Authorized. If the owner fails to take appropriate
action within the time frame specified, the Borough may cause the
removal or trimming of a hazardous tree as appropriate and necessary
at the expense of the property owner and the entire costs thereof
shall be a lien upon such premises.
| ||
|
3)
|
Damages are not Limited. Any and all claims associated with
costs for tree removal or trimming shall be filed and collected by
the Borough Solicitor or Enforcement Official in the manner in which
municipal claims are filed or prosecuted. Nothing herein shall prohibit
the Borough from proceeding to recover such costs by filing an action
in assumpsit or pursuing equitable relief to recover costs incurred
by the Borough of Middletown during enforcement of any provisions
of this Section 302.4.
| ||
|
4)
|
Emergency Action by the Borough of Middletown. When, due to
natural disaster, motor vehicle accident, windstorm, weather event
or other unforeseen cause, a tree or portion(s) of a tree within the
public right-of-way or in a public area constitutes an immediate hazard
or danger to persons or property, the Borough may remove the hazardous
tree without notice to the abutting property owner.
| ||
|
5)
|
Damage to Sidewalks/Curbs from Removal. Any curb or sidewalk
damaged or destroyed during tree removal shall be repaired or replaced
at the expense of the property owner in accordance with applicable
Borough ordinances.
| ||
|
6)
|
Tree Planting. No tree shall be removed or replaced without
notifying the Pennsylvania ONE Call System prior to removal or replacement.
No new tree or replacement tree shall be planted within any public
right-of-way without advance approval of the Borough.
| ||
|
7)
|
Tree Maintenance and Care Requirements.
| ||
|
(a)
|
Trees overhanging a public street. The owner of a property shall
trim branches from any tree overhanging the streets, highways, avenues
and alleys in the Borough of Middletown so that there will be a clear
height of 14 feet above the surface of a street, highway, avenue or
alley, measured at any point above the surface of the roadway. Vegetation
shall be trimmed and maintained to permit full width use of the roadway.
| ||
|
(b)
|
Trees, shrubberies and other vegetation overhanging any sidewalk.
The owner of a property shall trim branches from any tree overhanging
any sidewalk adjacent to the property in the Borough of Middletown
so that there will be a clear height of seven feet above the surface
of the sidewalk on or adjacent to the owner's property. Vegetation
shall be trimmed and maintained to permit full width use of the sidewalk
for persons using sidewalks on or adjacent to the owner's property.
| ||
|
(c)
|
Trimming/Topping restrictions and requirements. No person or
company shall top or cut back any tree within a public right-of-way
in such a manner that the tree's health will be impaired. For
purposes of this section, "topping" is defined as a substantial reduction
of the upper branches of a tree without consideration of its normal
growth habitat or natural forces.
| ||
|
8)
|
Additional Requirements.
| ||
|
(a)
|
No person shall place any stone, cement or any other substance
which shall impede the passage of water and air to the roots of any
tree within any public right-of-way.
| ||
|
(b)
|
No person shall pour salt water, oil or any other materials
at any place in such a manner that injury, disease or damage may result
to any tree within any public right-of-way.
| ||
|
(c)
|
No person shall cut, break, climb with spikes, disturb the roots
or otherwise injure, damage or destroy any tree within a public right-of-way,
or authorize such action unless required for the installation of curb,
sidewalk or other improvement authorized by Borough Council or an
agent thereof.
| ||
|
(d)
|
No person shall cause or authorize within any public right-of-way
a wire or other conductor charged with electricity to come in contact
with any tree on any public property or within any public right-of-way
that may injure, damage or kill a tree.
| ||
|
(e)
|
No person shall cause or authorize within a public right-of-way
the use of any oil, gasoline, herbicide, paint, brine hot water, steam
or other gas, liquid or solid substance deleterious to a tree to contact
any tree or enter the soil base of the root system of a tree in any
manner which may injure, damage or kill a tree.
| ||
|
(f)
|
No person shall interfere, or cause interference, with the Borough
or any of its agents or employees while such personnel are engaged
with planting, trimming or maintaining or removing trees on or overhanging
public property, or trees within a public right-of-way.
| ||
|
(g)
|
No person shall cause or authorize alterations, repairs or demolition
activities in the vicinity of any tree within the public right-of-way
without first placing sufficient guards or devices that shall prevent
injury, damage or destruction of a tree arising out of such activities.
| ||
|
(h)
|
No person shall fasten any rope, wire, nail, electric attachment,
sign or device to any tree within any public right-of-way, excepting
Borough-authorized signs.
| ||
|
(i)
|
No person shall plant a tree or knowingly permit the root system
of any tree to damage the public water, public sewer, public electric,
or public stormwater management systems owned by the Borough of Middletown.
| ||
(3)
Section 302.5 (Rodent harborage) shall be amended to read as follows:
Section 302.5 (Rodent harborage and mosquito breeding habitat)
Structures and exterior property shall be maintained free from
rodent harborage and infestation. Where rodents are found, they shall
be promptly exterminated by approved processes that will not be injurious
to human health. After pest elimination, proper precautions shall
be taken to eliminate rodent harborage and prevent infestation.
Premises and exterior property shall be maintained to prevent
the accumulation of stagnant or flowing water in which mosquitoes
breed or are likely to breed. Where mosquitoes are found, the water
shall be promptly treated or maintained by approved processes that
will not be injurious to human health so as to effectually prevent
such breeding. After pest elimination, proper precautions shall be
taken to eliminate the mosquito breeding habitat.
(4)
Section 302.8 (Motor vehicles) shall be amended to read as follows:
Section 302.8 (Nuisance and inoperable vehicles)
Except as provided for in other regulations, no nuisance vehicle
shall be parked, kept or stored on any Premises, and no Inoperable
Vehicle may be parked, kept or stored on any Premises for more than
three months, to be measured cumulatively and need not be three consecutive
months. Painting of vehicles is prohibited unless conducted inside
an approved spray booth.
Exception: A vehicle of any type is permitted to undergo major
overhaul, including body work, provided that such work is performed
inside a structure or similarly enclosed area designed and approved
for such purposes.
[Amended 1-3-2023 by Ord. No. 1402, approved 1-3-2023]
(5)
Section 302.10 shall be added to read as follows:
Section 302.10 (Unenclosed storage of firewood)
Unenclosed storage of firewood shall be located in the rear
or side yards. Stockpiles shall not exceed the height of six feet
or be stored in an unstable condition that would create a hazard.
(6)
Section 304.3 (Premises identification) shall be amended to read
as follows:
Buildings shall have approved address numbers mounted in a secure
fashion to be plainly legible and visible from the street or road
fronting the property. These numbers shall contrast with their background.
Address numbers shall be Arabic numerals or alphabet letters. Address
numbers shall be not less than four inches (102 mm) in height with
a minimum stroke width of 0.5 inch (12.7 mm). Address numbers shall
be a minimum of 30 inches above ground level and so placed that trees,
shrubs and other obstructions do not block the line of sight of the
numbers from the street or road fronting the property.
If the address numbers cannot be affixed to the front of the
building as required above due to obstructions, the address numbers
shall be permitted to be secured to a post, rod or other type of fixture
of substantial nature or a mailbox at or near the street or road,
so as to be plainly legible and visible from the street or road fronting
the property.
(7)
Section 304.14 (Insect screens).
During the period from April 1 through October 31, every door,
window and other outside opening required for ventilation purposes
serving any structure containing habitable rooms, food preparation
areas, food service areas or any areas where products to be included
or utilized in food for human consumption are processed, manufactured,
packaged or stored, shall be supplied with approved tightly fitting
screens of minimum 16 mesh per inch (16 mesh per 25 mm), and every
screen door used for insect control shall have a self-closing device
in good working condition.
(8)
Section 305.3 (Interior surfaces) shall be amended to read as follows:
Interior surfaces, including windows and doors, shall be maintained
in good, clean and sanitary condition. Peeling, chipping, flaking
or abraded paint shall be repaired, removed or covered. Cracked or
loose plaster, decayed wood and other defective surface conditions
shall be corrected. Mold shall be promptly removed.
D.
Chapter 6 (Mechanical and Electrical Requirements).
(1)
Section 602.3 (Heat supply) shall be amended to read as follows:
Every owner and operator of any building who rents, leases or
lets one or more dwelling units or sleeping units on terms, either
expressed or implied, to furnish heat to the occupants thereof shall
supply heat during the period from October 1 through May 31 to maintain
a minimum temperature of 68° F. (20° C.) in all habitable
rooms, bathrooms and toilet rooms.
|
Exceptions:
| |
|
1.
|
When the outdoor temperature is below the winter outdoor design
temperature for the locality, maintenance of the minimum room temperature
shall not be required, provided that the heating system is operating
at its full design capacity. The winter outdoor design temperature
for the locality shall be as indicated in Appendix D of the International
Plumbing Code.
|
|
2.
|
In areas where the average monthly temperature is above 30°
F. (1° C.), a minimum temperature of 65° F. (18° C.) shall
be maintained.
|
(2)
Section 602.4 (Occupiable work spaces) shall be amended to read as
follows:
Indoor occupiable work spaces shall be supplied with heat during
the period from October 1 through May 31 to maintain a minimum temperature
of 65° F. (18° C.) during the period the spaces are occupied.
|
Exceptions:
| |
|
1.
|
Processing, storage and operation areas that require cooling
or special temperature conditions.
|
|
2.
|
Areas in which persons are primarily engaged in vigorous physical
activities.
|
(3)
Section 606 (Elevators, Escalators and Dumbwaiters) shall be deleted
in its entirety.
A.
This § 210-4 of the Code of the Borough of Middletown intends to codify for the use of the Borough the Neighborhood Blight Reclamation and Revitalization Act, 53 Pa.C.S.A. § 6101 et seq. (the "Act"), and any amendments thereto. Amendments to the Act shall become effective in the Borough of Middletown 30 days after the Borough of Middletown duly advertises the enactment and publication of the same in a newspaper of general circulation.
B.
The Council adopts the findings of the General Assembly and declares
as follows:
(1)
There are deteriorated properties located in the Borough of Middletown
as a result of neglect by their owners in violation of applicable
state law and the Borough Code.
(2)
These deteriorated properties create public nuisances which have
an impact on crime and the quality of life of Borough residents and
require significant expenditures of public funds in order to abate
and correct the nuisances.
(3)
In order to address these situations, it is appropriate to deny certain
Borough 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 violations or tax delinquencies.
(b)
To reduce the likelihood that the Borough will have to address
the owners' neglect and resulting deteriorated properties.
(c)
To sanction the owners for not adhering to their legal obligations
to the Commonwealth and the Borough, as well as to tenants, adjoining
property owners and neighborhoods.
C.
AGENT
BOROUGH PERMITS
BUILDING
CORPORATION
COURT
MORTGAGE LENDER
OWNER
PUBLIC NUISANCE
SERIOUS VIOLATION
STATE LAW
SUBSTANTIAL STEP
TAX DELINQUENT PROPERTY
Definitions. The following words and phrases when used in this section
shall have the meanings given to them in this subsection 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.
Privileges relating to real property granted by the Borough,
including, but not limited to, building permits, exceptions to the
Zoning Ordinance of the Borough of Middletown, the Middletown Borough
Subdivision and Land Development Ordinance (the "Zoning Ordinance")
and occupancy permits. The term includes approvals pursuant to land
use ordinances other than decisions on the substantive validity of
the Zoning Ordinance or map or the acceptance of a curative amendment.[1]
A residential, commercial or industrial building or structure
and the land appurtenant to it.
The term does not include a municipal authority.
The Court of Common Pleas of Dauphin 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.
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 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 official a public nuisance in accordance with the
Borough Code.
A violation of a State law or a Borough Code that poses an
imminent threat to the health and safety of a dwelling occupant, occupants
in surrounding structures or a passersby.
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 the relevant Borough
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
the Borough 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:
D.
Actions.
(1)
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 the Borough 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 the Board of Appeals
or court.
(b)
Notwithstanding any law limiting the form of action for the
recovery of penalties by the Borough for the violation of the Borough
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 Borough Code violation.
(2)
A proceeding in equity.
E.
Asset attachment.
(1)
General rule. A lien may be placed against the assets of an owner of real property that is in serious violation of the 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 Subsection D (relating to actions).
(2)
Construction. 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.
F.
Duty of out-of-state owners of property in the Borough. A person
or other responsible party who lives or has a principal place of residence
outside the Commonwealth of Pennsylvania who owns or is responsible
for property in the Borough against which Borough 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 pursuant to § 6113 of the
Act, 3 Pa.C.S.A. § 6113, to the 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).
G.
Duty of corporation, association and trust owners. Where, after reasonable
efforts, service of process for a notice or citation for any Borough
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:
(1)
To the registered office of the corporation, association or trust.
(2)
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.
(3)
In the case of a corporation, notice shall be sent to the registered
office on file with the Department of State.
H.
Failure to comply with a Borough Code requirement.
(1)
Offense defined. The owner of real property commits the offense of
failure to comply with a Borough Code requirement if all of the following:
(a)
The owner of real property has been convicted of a second or
subsequent serious violation of the same provision of the Borough
Code for the same property.
(b)
The violation poses a threat to the public's health, safety
or property and the owner has not taken a substantial step to correct
the violation.
(c)
The violation is considered a public nuisance and the owner
has not made a reasonable attempt to correct the violation.
(2)
Grading. Failure to comply with a Borough Code requirement shall
constitute a:
(a)
Misdemeanor of the second degree if the offense is a second
conviction of a serious violation of the same provision of the Borough
Code relating to the same property.
(b)
Misdemeanor of the first degree if the offense is based on three
or more convictions of serious violations of the same provision of
the Borough Code relating to the same property.
I.
Municipal permit denial.
(1)
For purposes of this section, "Board" shall mean the Middletown Borough
Council or Middletown Zoning Hearing Board or other body granted jurisdiction
to render decisions in accordance with the act of July 31, 1968 (P.L.
805, No. 247), known as the "Pennsylvania Municipalities Planning
Code."[4]
[4]
Editor's Note: See 53 P.S. § 10101 et seq.
(2)
The Borough or Board under Subsection (c)[5] may deny issuing to an applicant a Borough permit if the
applicant owns real property in the Borough for which there exists
on the real property:
(a)
A final and unappealable tax, water, sewer or refuse collection
delinquency on account of the actions of the owner; or
(b)
A serious violation of state law or the Borough 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 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.
[5]
Editor's Note: See 53 Pa.C.S.A. § 6131(c).
(3)
The Borough or Board shall not deny a Borough permit to an applicant
if the Borough permit is necessary to correct a violation of state
law or Borough Code.
(4)
The Borough 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.
(5)
In issuing a denial of a 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 the Borough Code on real property
that the applicant owns in the Borough, the Borough or Board shall
indicate the street address and county in which the property is located
and the court and docket number for each parcel cited as basis for
the denial. The denial shall also state that the applicant may request
a letter of compliance from the Borough in a form specified by the
Borough as provided in this section.
(6)
Proof of compliance.
(a)
All municipal permits denied in accordance with this subsection
may be withheld until an applicant obtains a letter from the Borough
indicating the following:
[1]
The property in questions has no final and unappealable tax,
water, sewer or refuse delinquencies;
[2]
The property in question is now in state law and Borough Code
compliance; or
[3]
The owner of the property has presented and Borough staff or
the relevant board accepted a plan to begin remediation of a serious
violation of state law or the Borough Code. Acceptance of the plan
may be contingent on:
[a]
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 Borough.
[b]
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 Borough.
(b)
In the event that the Borough or relevant board fails to issue
a letter indicating tax, water, sewer, refuse, state law or Borough
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 Borough
or relevant board shall specify the form in which the request for
a compliance letter shall be made.
(c)
Letters required under this section shall be verified by the
appropriate Borough officials before issuing to the applicant a Borough
permit.
[1]
Borough permits may be denied in accordance with the requirements
of this section to the extent that approval of the Borough permit
is within the jurisdiction of the Board.
[2]
In any proceeding before a board other than the Borough Council,
the Borough may appear to present evidence that the applicant is subject
to a denial by the board in accordance with this section.
J.
Conflict with other law. In the event of a conflict between the requirements
of this section and state or 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 or the
Commonwealth of Pennsylvania, the federal or state requirements shall
prevail.
K.
Relief for inherited property. 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 Borough Code violations
or to enter into a remediation agreement under § 6131(b)(1)(iii)
(relating to Borough permit denial)[6] with the Borough to avoid subjecting the devisee's or
heir's other properties to asset attachment or denial or permits and
approvals on other properties owned by the devisee or heir.
[6]
Editor's Note: See 53 Pa.C.S.A. § 6131(b)(1)(iii).
L.
(Reserved)
M.
(Reserved)
N.
Construction. Nothing in this section shall be construed to abridge
or alter the remedies now existing at common law or by statute, but
the provisions of this section are in addition to such remedies.
