Borough of Baden, PA
Beaver County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Council of the Borough of Baden 11-18-2015 by Ord. No. 943. Amendments noted where applicable.]
GENERAL REFERENCES
Unsafe buildings  — See Ch. 59.
Garbage, rubbish and refuse  — See Ch. 102.
Grass, weeds and other vegetation  — See Ch. 105.
Health standards  — See Ch. 110.
Housing standards  — See Ch. 113.
Property maintenance  — See Ch. 141.
Open storage  — See Ch. 161.
Nuisance vehicles  — See Ch. 178.
Waste disposal  — See Ch. 185.
This chapter shall be known as the "Borough of Baden Blight Reclamation and Revitalization Ordinance."
The Borough Council finds it to be in the best interest of the residents of the Borough of Baden 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 and 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 chapter, shall have the meanings given to them in this section, unless the context clearly indicates otherwise:
ABANDONED BUILDING
Any building or structure that has been vacant for a period in excess of six months from the date of a written notice from the Borough to the owner of the real property, as shown on the last tax rolls, and which either has had utilities discontinued at the property or has one or more entrances or windows secured by boarding-up.
BOARD
The Zoning Hearing Board or other body granted jurisdiction to render decisions in accordance with the Municipalities Planning Code,[1] the State Code, and the Code of the Borough of Baden, or any board authorized to act in a similar manner by law.
BOROUGH
The Borough of Baden, County of Beaver, Commonwealth of Pennsylvania.
BUILDING
A residential, commercial or industrial building or structure and the land appurtenant to it.
CODE
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 the Borough.
COURT
The appropriate court of common pleas or magisterial district judge court.
MORTGAGE LENDER
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.
MUNICIPAL PERMITS
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
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.
MUNICIPALITY
A city, borough, incorporated town, township or home rule, optional plan or optional charter municipality or municipal authority in this commonwealth.
NOXIOUS WEEDS, VEGETATION AND SHRUBS
Any plant material harmful or injurious to health or physical well-being, including, but not limited to, being physically harmful or destructive to living beings; poison ivy, poison sumac, poison oak, etc.
OWNER
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.
PUBLIC NUISANCE
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
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.
STATE LAW
A statute of the commonwealth or a regulation of an agency charged with the administration and enforcement of commonwealth law.
SUBSTANTIAL STEP
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.
TAX-DELINQUENT PROPERTY
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 Claims and Tax Liens Law;"[3] or the Act of October 11, 1984 (P.L. 876, No. 171) known as the "Third Class Borough Treasurer's Sale and Collection Act,"[4] located in any municipality in this commonwealth.
VECTOR
Any animal capable of transmitting the causative agent of human disease or capable of producing human discomfort or injury, including, but not limited to, mosquitoes, flies, mites, ticks, other arthropods, and rodents and other vertebrates.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
[2]
Editor's Note: See 72 P.S. § 5860.101 et seq.
[3]
Editor's Note: See 53 P.S. § 7101 et seq.
[4]
Editor's Note: So in original.
It is hereby found and declared that:
A. 
Areas of the Borough are or may become blighted, with the resulting impairment of taxable values upon which, in large part, Borough revenues depend;
B. 
Such blighted areas are detrimental or inimical to the health, safety, morals, and general welfare of the citizens and to the economic welfare of the Borough;
C. 
In order to improve and maintain the general character of the Borough, it is necessary to rehabilitate such blighted areas;
D. 
The conditions found in blighted areas cannot be remedied by the ordinary operations of private enterprise with due regard to the general welfare of the public, without public participation;
E. 
The purpose of this chapter is to rehabilitate such areas by eliminating blight and blight factors within all areas of the Borough for the protection of the health, safety, morals and general welfare of the Borough; to preserve existing values of other properties within or adjacent to such areas and all other areas of the Borough; and to preserve the taxable value of the property within such areas and all other areas of the Borough; and
F. 
The necessity and the public interest for provisions set forth in this chapter are hereby declared as a matter of legislative determination to be a public purpose and for the protection of the health, safety and welfare of the residents of the Borough.
It is hereby determined that the following uses, structures, activities, and conditions are causes of blight or blighting factors which, if allowed to exist, will tend to result in blighted and undesirable neighborhoods. No person shall maintain or permit to be maintained any causes of blight or blighting factors upon any property in the Borough, whether owned, leased, rented, or occupied by such person, as follows:
A. 
In any area, the open storage upon any property, street or alley of any unregistered/uninspected, abandoned and or inoperable motor vehicle(s), trailer, camper, boat or other mobile equipment, except in a completely enclosed building.
B. 
In any area, the open storage upon any property, street or alley of building materials, unless there is in force a valid building permit issued by the Borough for construction upon such property, and such shall include, but shall not be limited to, lumber, bricks, concrete or cinder blocks, plumbing materials, electrical wiring or equipment, shingles, mortar, concrete or cement, nails, screws, or any other materials used for construction.
The term "open storage," as used in this section, shall mean such storage or accumulation which is visible from any public street or sidewalk or from any adjoining property.
C. 
Any discarded, used, secondhand, salvaged, abandoned, or replaced streetcars, boxcars, refrigerator cars, motor bus bodies, or similar means of conveyance or structures of similar nature or construction for places of habitation, residence, or business in the Borough.
D. 
A building or structure which is structurally unsafe, or which is not provided with adequate egress, or which constitutes a fire hazard, or which is otherwise dangerous to human life, or which, in relation to existing use, constitutes a hazard to safety or health or public welfare by reason of inadequate maintenance, dilapidation, obsolescence, or abandonment.
E. 
Any land, the topography, geology, or configuration of which, whether in natural state or as a result of grading operations, causes erosion, subsidence, or surface water runoff problems of such magnitude as to be injurious or potentially injurious to the public health, safety, and welfare or to adjacent properties.
F. 
Premises maintained so as to constitute a fire hazard by reason of wood, rank overgrowth, or an accumulation of debris, whether the same be a causative or only a contributing factor.
G. 
A building or structure which has been abandoned, boarded up, partially destroyed, or left unreasonably in a state of dilapidation or partial construction.
H. 
Any building, the condition of the paint on which causes dry rot, warping, or termite infestation.
I. 
Broken windows constituting a hazardous condition or inviting trespassers or malicious mischief.
J. 
Overgrown vegetation which is likely to harbor rats, vermin, or other nuisances or which causes detriment to neighboring properties or property values.
K. 
Any dead, decayed, diseased, or hazardous tree, weeds, or debris which constitutes an unsightly appearance, or which is dangerous to the public safety and welfare, or which is detrimental to nearby property values.
L. 
It shall be the duty of the owners of all property located in the Borough to trim and keep trimmed all trees and shrubs located upon their property or upon or along the abutting street, sidewalk or adjoining property so that:
(1) 
There shall at all times be a clear space of at least 16 feet between the lowest portion of every such tree and the surface of the roadway of the street below.
(2) 
There shall at all times be a clear space of at least eight feet between the lowest portion of such tree and the surface of the sidewalk below.
(3) 
No portion of any shrub shall extend horizontally onto any sidewalk, and it shall not exceed vertically more than four feet in height.
(4) 
No portion of any shrub shall encroach or cause damage to adjoining property.
(5) 
No noxious, weeds, vegetation or shrubs shall be allowed to cultivate on any property in the Borough of Baden.
M. 
Any storage or display (except within an enclosed garage or building) of any abandoned, wrecked, dismantled or inoperative vehicle or boat or parts thereof on any premises open to view from a public street.
N. 
Any nuisance dangerous to children and consisting of abandoned or broken equipment, a hazardous pool, pond or excavation, or any abandoned, unused, unprotected machinery, or any pool or reservoir, whether or not the same contains any water or liquid, located upon property which has not been occupied for a period of time.
O. 
Any broken or discarded furniture or household equipment remaining in any yard area causing damage or detriment to neighboring property.
P. 
Any packing box or debris stored or maintained in any yard area and visible from a public street, causing detriment to neighboring property.
Q. 
The maintenance of premises in such condition as to be detrimental to the public health, safety, or general welfare or in such manner as to constitute a public nuisance.
R. 
Any wall, fence, or hedge in such condition as to constitute a hazard to persons or property or to cause depreciation in the value of any adjacent or nearby property.
S. 
Any premises upon which there is or is permitted to be building materials (except those reasonably necessary for use in the construction of a building or improvements on the same or a contiguous lot), rocks (except in their natural state or location), dirt or fill materials deposited contrary to any provisions of law, furniture or appliances (except lawn furniture in residential yards), trash, refuse or any accumulation of objects, animals, vegetation, or other things in such quantity, arrangement, appearance, or condition as to cause depreciation of property values in the immediate vicinity or so as to constitute an eyesore or to interfere with or lessen the health, well-being, enjoyment, or peace of other persons.
T. 
Any premises upon which is conducted a junkyard, an automobile dismantling facility, an automobile wrecking yard, or a house wrecking yard, including the parking, placement, maintenance, storage, or repair of house wrecking equipment or materials or houses or buildings being stored, moved, or in transit, scrap metal processing, or storage of structural steel, equipment, and materials, unless the same shall be located and conducted solely within a zone in which the same is permissible and is conducted in accordance with all laws and regulations applicable thereto.
U. 
Any premises existing or maintained contrary to any valid law or regulations, including premises that have insufficient ventilation or illumination, or inadequate or unsanitary sewage or plumbing facilities, are overcrowded with persons or animals, are determined by the Code Official to be unclean or unsanitary, or are in a condition which the Code Official determines to render air, food, or drink unwholesome or detrimental to the health of human beings, or upon which stagnant or contaminated water is deposited or remains.
V. 
Any building or structure which has any or all of the following conditions or defects which are not in accordance with the International Building Code or International Property Maintenance Code:
(1) 
Whenever any door, aisle, passageway, stairway, or other means of exit is not of sufficient width or size, or is not so arranged, as to provide a safe and adequate means of exit, in case of fire or panic, for all persons housed or assembled therein who would be required to, or might, use such door, aisle, passageway, stairway, or other means of exit;
(2) 
Whenever the stress in any material, member, or portion thereof, due to all dead and live loads, is more than 1 1/2 times the working stress or stresses allowed;
(3) 
Whenever any portion thereof has been damaged by earthquake, wind, flood, or by any other cause in such a manner that the structural strength or stability thereof is appreciably less than it was before such damage and is less than the minimum requirements for a new building or similar structure, purpose, or location;
(4) 
Whenever any portion or member, or appurtenance thereof, is likely to fail, or to become detached or dislodged, or to collapse and thereby injure persons or damage property;
(5) 
Whenever any portion of a building, or any member or ornamentation on the exterior thereof, is not of sufficient strength or stability or is not so anchored, attached, or fastened in place so as to be capable of resisting a wind pressure of 1/2 that specified without exceeding the working stresses permitted;
(6) 
Whenever any portion thereof has settled to such extent that walls or other structural portions have materially less resistance to winds than is required in the case of new construction;
(7) 
Whenever any building or structure, or any portion thereof, because of dilapidation, deterioration, decay, faulty construction, the removal or movement of some portion of the ground necessary for the purpose of supporting such building or portion thereof, or some other cause, is likely to partially or completely collapse or some portion of the foundation or underpinning is likely to fall or give way;
(8) 
Whenever, for any reason whatsoever, a building or structure, or any portion thereof, is manifestly unsafe for the purpose for which it is used;
(9) 
Whenever the exterior walls or vertical structural members list, lean, or buckle to such an extent that a plumb line passing through the center of gravity does not fall inside the middle 1/3 of the base;
(10) 
Whenever the building or structure, exclusive of the foundation, shows 33% or more damage or deterioration to the members or 50% damage or deterioration of a nonsupporting enclosure or outside wall or covering;
(11) 
Whenever the building or structure has been so damaged by fire, wind, or flood, or has become so dilapidated or deteriorated, as to become an attractive nuisance to children who might enter the same or remain therein to their danger or hazard, or as to afford a harborage for vagrants, criminals, or immoral persons, or as to enable persons to resort thereto for the purpose of committing any nuisance or any unlawful or immoral act;
(12) 
Any building or structure which has been constructed or which exists or is maintained in violation of any specific requirement or prohibition applicable to such building or structure of the building regulations of the Borough, as set forth in the International Building Code or International Property Maintenance Code, or of any law or ordinance of the state or Borough relating to the condition, location, or structure of buildings;
(13) 
Any building or structure which, whether or not erected in accordance with all applicable laws and ordinances, has in any nonsupporting part, member, or portion less than 50%, or in any supporting member less than 66%, of the strength, fire-resisting qualities or characteristics, or weather-resisting qualities or characteristics required by law or ordinance in the case of like area, height, and occupancy in the same location;
(14) 
Whenever a building or structure used or intended to be used for dwelling purposes, because of dilapidation, decay, damage, or faulty construction or arrangement, or otherwise, is unsanitary or unfit for human habitation, or is in a condition determined by the Code Officer to be likely to cause sickness or disease, or is likely to work injury to the health, safety, or general welfare of those living within;
(15) 
Whenever a building or structure used or intended to be used for dwelling purposes has light, air, and sanitation facilities inadequate to protect the health, safety, or general welfare of persons living within; and
(16) 
Whenever any building or structure, by reason of obsolescence, dilapidated condition, deterioration, damage, electric wiring, gas connections, heating apparatus, or other cause, is in such condition as to be a fire hazard and is so situated as to endanger life or other buildings or property in the vicinity or provide a ready fuel supply to augment the spread and intensity of fire arising from any cause.
W. 
Any property that encourages the presence of vectors, including any of the following:
(1) 
Any artificial alteration of property, excluding water, from its natural condition, resulting in it supporting the development, attraction, or harborage of vectors, with the presence of vectors in their developmental states on property being prima facie evidence that the property is a public nuisance;
(2) 
Any water that is a breeding place for vectors, with the presence of vectors in their developmental stages in the water being prima facie evidence that the water is a public nuisance; or
(3) 
Any activity that supports the development, attraction, or harborage of vectors or that facilitates the introduction or spread of vectors.
A. 
The Borough Council hereby finds that abandoned buildings are a public nuisance.
B. 
Such buildings or structures represent threats to the public health and safety, because they:
(1) 
Invite trespassers who would be unnoticed by occupants; or
(2) 
Represent fire hazards because fires can begin without being observed and reported by occupants; or
(3) 
Can become infested with rats, insects and other vectors which can adversely affect surrounding properties; or
(4) 
Can become littered and serve as a dumping ground for garbage and refuse; or
(5) 
Can encourage criminal activity because the property is unsupervised.
C. 
Such properties also represent a visual blight on the surrounding neighborhood and reduce surrounding property values because such buildings are often boarded-up or lack landscaping or structure maintenance and repair.
D. 
It is declared unlawful and a public nuisance for any owner of property to allow to exist on property any building or structure, the doors, windows or other openings of which are broken or missing. The temporary boarding of doors, windows or other openings shall comply with requirements promulgated by the Code Enforcement Officer.
(1) 
The owner of any property has the obligation to temporarily board openings as soon as practicable after the opening becomes broken or missing. It shall be a violation of this section if the owner allows the opening to remain unboarded more than 10 calendar days after written notice from the Borough of the unsecure condition.
(2) 
All temporary boarding of doors, windows, or other openings must have a permanent boarding installed within 30 days after the opening becomes broken or missing. If permanent boarding is not installed after 30 days, the Code Enforcement Officer shall issue a written letter notifying the owner of the need to install permanent boarding within 10 days from the date of the letter. It shall be a violation of this section if the owner does not install the permanent boarding within 10 days from the notice provided by the Code Enforcement Officer.
E. 
Abandoned buildings may be abated by demolition if the owner has not caused the building to be occupied within six months of the date of the notice from the Borough or has not taken any steps, as directed by the Borough's notice, to eliminate the public nuisance(s) associated with the structure. Any such abatement and/or demolition shall be conducted pursuant to procedures established by the Borough and state law. In addition to the procedures established, the Borough shall provide notice of the abatement to any person with a record interest in the property as disclosed on information readily available to the Borough. Any such person or entity shall have the same rights as the owner in the proceedings. Nothing herein shall require the Borough to obtain a preliminary title report.
F. 
The Borough Council hereby finds that economic conditions can reasonably cause commercial buildings to be vacant for more than six months. However, because of the demand for housing, the Council finds that there generally is not a justifiable real estate market reason for residential buildings to be vacant for this period of time. Therefore, the Borough may enforce this provision on housing units on a timelier basis than it may choose to do so for commercial units, if vacant commercial units are maintained in a manner so as not to create a public nuisance, but under no circumstances can the Borough enforce within six months from the building being abandoned.
G. 
The authority contained in this section is supplementary to any other power of the Borough and does not supersede any other power of procedure.
A. 
The Borough Council finds that the increase of graffiti on both public and private buildings, structures, and other places creates a condition of blight within the Borough that can result in the deterioration of property values, business opportunities, and enjoyment of life for persons using adjacent and surrounding properties. The Borough Council further finds that the presence of graffiti is inconsistent with the Borough's goals of maintaining property, preventing crime, and preserving aesthetic standards. Unless graffiti is quickly removed, it encourages the creation of additional graffiti on nearby buildings and structures.
B. 
The Borough Council declares that graffiti is a public nuisance, and violators are subject to the penalties under this chapter or any other applicable law.
The sale, service, and/or consumption of alcoholic beverages has the potential to generate activity which may impact other uses in an adverse manner. Such impacts may be mitigated in different ways, including, but not limited to, hours of operation or the provisions of adequate separation distances. This section provides requirements for such mitigation.
A. 
Any establishment that sells or uses any spirits, wine, beer, ale or other liquid containing more than 1/2% of alcohol by volume which is fit for beverage purposes shall not be located in any areas zoned for residential purposes.
B. 
Any establishment that sells or uses alcohol may not be situated within 500 feet of each other.
C. 
Any establishment that sells or uses alcohol may not be located within 500 feet of a church, library, school, adult day-care center, child-care center, hospital, rehabilitation center, halfway house, or home for aged or indigent persons.
Any violation of this chapter shall constitute a summary offense punishable, upon conviction thereof by a District Justice, by a fine up to $1,000 for the first two offenses. Subsequent offenses will result in fines not exceeding $5,000 or $10,000, and/or a term of imprisonment not to exceed 30 days. All fines and penalties shall be in accordance with 53 P.S. § 39131.1.[1]
[1]
Editor's Note: 53 P.S. § 39131 et seq. was repealed 3-19-2014 by P.L. 52, No. 22, § 368.
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:
A. 
In personam actions.
(1) 
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.
(2) 
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. 
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 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 53 Pa.C.S.A. § 6111 of the Neighborhood Blight Reclamation and Revitalization Act (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, limited partner, shareholder, member or beneficiary of the association or trust.
A. 
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. 
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 executive officer, partner or trustee of the 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 to the registered office of the association or trust. Where the association or trust does not have a registered office, notice may occur by registered, certified or United States Express Mail®, 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.
A. 
The Borough 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) 
Tax and/or municipal services delinquencies on account of the actions of the owner; or
(2) 
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 seeking to deny a municipal permit. The Borough 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. 
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. 
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 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. 
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) 
The property in question has no final and unappealable tax, water, sewer or refuse delinquencies;
(2) 
The property in question is now in state law and code compliance; or
(3) 
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) 
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) 
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. 
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. 
Boards, including the Borough's 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. 
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. 
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. 
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.
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 Section 6131(b)(1)(iii) (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.