[HISTORY: Adopted by the Board of Supervisors of the Township
of Robinson as indicated in article histories. Amendments noted where
applicable.]
[Adopted 7-9-2019 by Ord.
No. 2-2019]
This article shall be known as the "Robinson Township Neighborhood
Blight Protection and Enforcement Ordinance."
There are deteriorated properties located within the Township
as a result of neglect by their owners in violation of applicable state
and municipal codes. These deteriorated properties create public nuisances
which have an impact on crime and the quality of life of our residents
and require significant expenditures of public funds in order to abate
and correct the nuisances. The purpose of this article is 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 and to protect the public health,
safety, and well-being of the general public.
As used in this article, the following terms shall have the
meanings indicated:
The Zoning Hearing Board or other body granted jurisdiction
to render decisions in accordance with the Pennsylvania Municipalities
Planning Code,[1] the State Second Class Township Code,[2] the Robinson Township Code of Ordinances or a board authorized
to act in a similar manner by law.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
A residential, commercial or industrial building or structure
and the land appurtenant thereto, including a vacant lot on which
a building has been demolished.
Privileges related to real property granted by a municipality, including but not limited to building permits, parking permits, occupancy permits, and relief granted by from Chapter 420, Zoning, of the Code of the Township of Robinson. The terms also includes approval pursuant to a land use ordinance other than decisions on the substantive validity of a zoning ordinance or map or the acceptance of a curative amendment.
Services provided at a cost by the Township 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 Township.
The holder or holders of title to, or of a legal or equitable
interest in, a residential, commercial or industrial building. The
term shall include an heir, assignee, trustee, beneficiary and lessee,
provided the ownership interest is a matter of public record.
A property that, because of physical condition or use, has
been declared by the appropriate official a public nuisance in accordance
with the local housing, building, health, fire or related code or
is determined to be a public nuisance by the court.
A violation of state law or Township Code (as both terms
are defined herein) or other applicable code that poses an imminent
threat to the health and safety of the dwelling occupant, occupants
in surrounding structures, or passersby. Property found to be a public
nuisance is also considered to be a serious violation.
A statute of the Commonwealth of Pennsylvania or a regulation
of an agency charged with the administration and enforcement of commonwealth
law.
An affirmative action, as determined by a Township official
or officer of the court, on the part of the property owner or managing
agent to remedy a serious violation of state or local law, including,
but not limited to, physical improvements or repairs to the property.
Tax delinquent real property as defined under the Real Estate
Tax Sale Law (72 P.S. § 5860.101 et seq.), the Municipal
Claim and Tax Lien Law (53 P.S. § 7101 et seq.) or the laws
governing the Second Class City Treasurer's Sale and Collection Act
(53 P.S. § 27101 et seq.) located in any municipality in
this commonwealth.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
The Neighborhood Blight Reclamation and Revitalization Act
(53 Pa.C.S.A. § 6101 et seq.).
Township of Robinson, Washington County, Pennsylvania, its
Board of Supervisors, agents, and employees.
A building, housing, property maintenance, fire, health or
other public safety ordinance enacted or adopted by the Township,
including those ordinances, regulations and resolutions which establish
and assess fees for municipal services and privileges such as sewer,
water, refuse collection, and parking/parking arrangements. For purposes
of this article, the term does not include a subdivision and land
development ordinance or a zoning ordinance enacted by the Township.[3]
A.
In addition to any other remedy available at law, including those
remedies available under the Act, remedies available in equity or
other remedies as provided for in the Township Code, the Township
may institute the following actions against the owner of any property
that is in serious violation of the Township Code or for failure to
correct a condition which causes the property to be regarded as a
public nuisance:
(1)
In personam action.
(a)
An in personam action may be initiated for a continuing violation
for which the owner takes no substantial step to correct within the
six months following receipt of an order by the Township to correct
the violation, unless the order is subject to a pending appeal before
an administrative agency or court.
(b)
Notwithstanding any law limiting the form of action for the recovery
of penalties by a municipality for the violation of a Township Code,
the Township may recover, in a single action under this section, an
amount equal to the penalties imposed against the owner and any costs
of remediation lawfully incurred by, or on behalf of, the Township
to remedy any Code violation.
(2)
A proceeding in equity.
B.
A lien may be placed against the assets of an owner of real property
that is in serious violation of the Township Code or is regarded as
a public nuisance after a judgment, decree, or order is entered by
a court of competent jurisdiction against the owner of the property
for an adjudication under either an in personam action or a proceeding
in equity as set forth above. In the case of an owner that is an association
or trust, this does not authorize a lien to be placed upon 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 Township Code or other applicable code violations have been
cited and the person is charged under 18 Pa.C.S.A. (relating to crimes
and offenses), and who has been properly notified of the violations
may be extradited to this commonwealth to face criminal prosecution
to the full extent allowed and in the manner authorized by 42 Pa.C.S.A.
Chapter 91 (relating to detainers and extradition).
B.
Where, after reasonable efforts, service of process for a notice
or citation for any Code violations 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:
(1)
To the registered office of the association or trust;
(2)
Where the association or trust does not have registered office, to
the mailing address used for real estate tax collection purposes,
if accompanied by the posting of a conspicuous notice on the property
and by handing a copy of the notice or citation to the person in charge
of the property at that time;
(3)
In the case of a corporation, notice shall be sent to the registered
office on file with the Department of State.
A.
The Township or Board may deny issuing to an applicant a municipal
permit if the applicant owns real property in any municipality in
this commonwealth 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, penalties or a judgment to abate
or correct were imposed by a Magisterial District Judge or municipal
court or a judgment at law or in equity was imposed by a Court Of
Common Pleas. No denial shall be permitted if a judgment is subject
to a stay or supersedeas by order of court, or if the municipal permit
is necessary to correct a violation of state law or Township Code.
B.
The municipal permit denial as above-described shall not apply to
an applicant's delinquency on taxes and/or municipal services
charges that are under appeal or otherwise contested through a court
or administrative process.
C.
In issuing a denial of a municipal permit, the Township or the Board
shall indicate the street address, the municipality, and county in
which the property is located and the court and docket number for
each parcel cited as a basis for the denial. The denial shall also
state that the applicant may request a letter of compliance from the
appropriate state agency, municipality, or school district in the
form specified by such entity.
D.
All municipal permits denied in accordance with this section may
be withheld by the Township until an applicant obtains a letter of
compliance from the appropriate state agency, municipality or school
district indicating the following:
(1)
The property in question has no tax or municipal services delinquencies;
(2)
The property in question is now in compliance with state law, Township
Code, or other applicable codes; or
(3)
The owner of the property has presented and the appropriate entity
has accepted a plan to begin remediation of a serious violation of
state law, Township Code, or other applicable codes. 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 owner and the Township.
(b)
Completing the remediation plan within no fewer than 90 days
following commencement of the plan or sooner, if mutually agreeable
to both the owner and the Township.
E.
If a letter of compliance or a letter of noncompliance, as the case
may be, is not issued within 45 days of the request, the property
shall be deemed to be in compliance for the purposes of this section.
The appropriate state agency, municipality, or school district shall
specify the form in which the request for a compliance letter shall
be made. Such letters shall be verified by the appropriate municipal
officials before issuing to the applicant a municipal permit.
F.
Boards, including the Township 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.
The Township may appear to present evidence that the applicant is
subject to denial by a Board in accordance with this section.
H.
A municipal permit may only be denied to an applicant other than
an owner if the applicant is acting under the direction or with the
permission of the owner and that owner owns real property that is
subject to denial as set forth herein above.
In the event of a conflict between the requirements of this
article 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.
Nothing in this article shall be construed to abridge or alter
the remedies now existing at common law or by statute, but the provisions
of this article are in addition to such remedies.
Where property is inherited by will or intestacy, the devisee
or heir shall be given the opportunity to make payments on reasonable
terms to correct Code violations or to enter into a remediation agreement
with the Township to avoid subjecting the devisee's or heir's
other properties to asset attachment or denial of municipal permits
and approvals on other properties owned by the devisee or heir. Such
opportunity shall be given at the Township's discretion and subject
to the revocation upon the devisee's or heir's failure to proceed
with a payment plan or to progress forward and complete a remediation
plan.
The provisions of this article are declared to be severable,
and, if any provision of this article shall for any reason be held
to be invalid, such invalidity shall not affect the article as a whole
or any other part or part thereof.
Any and all ordinances and/or resolutions, or parts thereof,
conflicted herewith are repealed insofar as the matters herein are
affected.
This article shall become effective five days after enactment.
