[Adopted 8-14-2018 by Ord. No. 1937]
As used in this article, the following terms shall have the
meanings indicated:
A building, housing, property maintenance, fire, health or
any other public safety ordinance enacted by the City, but does not
include a subdivision and land development ordinance or a zoning ordinance
enacted by the City.
The appropriate court of common pleas.
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.
Privileges relating to real property granted by the City,
including, but not limited to, building permits, exceptions to zoning
ordinances and occupancy permits, lien letters, park shelter 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.
Services provided at a cost by the City or other municipal
entity including but not limited to sanitary sewer service, storm
sewer service, refuse collection and any other municipal-provided
services which benefit individual properties and also serve to benefit
the overall health, safety and welfare of all of the residents of
the City.
The City of Clairton.
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.
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 City official a public nuisance in accordance with
City-adopted codes.
A violation of a federal, state or county law or City code
that poses an imminent threat to the health and safety of a dwelling
occupant, occupants in surrounding structures or a passerby.
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 federal, state, county or
City code, including but not limited to physical improvements or repairs
to the property and or structure, which affirmative action is subject
to appeal in accordance with applicable law.
Tax delinquent real property as defined under:
In addition to any other remedy available at law, including
those remedies available under the Neighborhood Blight Reclamation
and Revitalization Act[1] or remedies available in equity, or other remedies as
provided for in the Clairton City Code the City 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.
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 of the City to correct a violation,
unless the order is subject to a pending appeal before an administrative
agency or court. Notwithstanding any law limiting the form of action
for recovery of penalties by the City for the violation of the City
Code, the City may recover, in a single action under this section,
an amount equal to the penalties imposed against the owner and any
cost of remediation lawfully incurred by, or on behalf of, the City
to remedy any violation, which could include, but not be limited to,
cost to notify the owner of the violation, cost for any studies conducted
by the City or its agents in regards the structural integrity or safety
of a structure or property and any demolition cost associated with
protecting the health, safety and welfare of adjoining structures,
residents or passersby.
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 federal, state or Allegheny County
law or the Clairton City 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, trustee, limited partner, shareholder, member
or beneficiary of the association or trust except as otherwise provided
by law.
[1]
Editor's Note: See 53 Pa.C.S.A. § 6101 et seq.
A.
A person who lives or has a principal place of residence outside the Commonwealth of Pennsylvania, who owns property in this commonwealth against which federal, state or City 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 or the City has attempted to notify the owner has refused service may be extradited to the Commonwealth of Pennsylvania to face criminal prosecution to the full extent allowed and in manner authorized by 42 Pa.C.S.A. Ch. 91 (relating to detainers and extradition), as may be amended from time to time.
B.
Where, after reasonable efforts, service of process for a notice
or citation for any state or City code or any other applicable 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 office, partner, or trustee of the association or trust
or manager, trustee or clerk in charge of the property, the delivery
of 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 a 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.
A.
The City may deny issuing to an applicant of a City permit if the
applicant owns real property in the City or a municipality of the
Commonwealth of Pennsylvania for which there exists on the real property:
(1)
A real estate tax delinquency on any property owned within the City
of Clairton or any other lawful tax imposed by the City.
(2)
A delinquency in a sewer, refuse collection or any other City service
account.
(3)
A serious violation and the owner has taken no substantial steps
to correct the serious violation within six months following notification
or attempted notification of a violation and for which fines, penalties
or a judgment to abate and 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 supersedes by order of court, or if the City
permit is necessary to correct a violation of state law, City Code
or any other applicable law or code violation.
B.
The City permit denial as described above shall not apply to an applicant's
delinquency on real estate taxes or City services that are under appeal
or otherwise contested through a court or administrative process.
C.
In issuing a denial of a City permit, the City shall indicate the
street address, the municipality and county in which the property
is located and the court docket number for each parcel cited on the
basis of denial. The denial shall also state that the applicant may
request a letter of compliance from the appropriate state or county
agency, municipality or school district in the form specified by such
entity.
D.
All City permits denied in accordance with this section may be withheld
by the City until the applicant obtains a letter of compliance from
the appropriate state or county agency, City or school district indicating
the following:
(1)
The property in question has no real estate or any other lawful tax
or City services delinquencies;
(2)
The property in question is now in compliance with state and county
law, City Code or any other applicable law or 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 or county law, City Code or any other applicable law or codes.
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 or county agency, City or school district shall
specify the form in which the request for compliance shall be made.
Such letters shall be verified by the appropriate City officials before
issuing to the applicant a City permit.
F.
Boards, including the Zoning Hearing Board, may deny approval of
City permits — which includes special exception approval and/or
variance relief — if warranted as set forth above to the extent
that approval of such a City permit is within the jurisdiction of
the Board.
G.
The City may appear to present evidence that the applicant is subject
to denial by a Board in accordance with this section.
H.
A City permit may only be denied to an applicant other than the 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.
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 City to avoid subjecting the devisee's or heir's
other properties to asset attachment or denial of City permits and
approvals on other properties owned by the devisee or heir. Such opportunity
shall be given at the City's discretion and subject to revocation
upon the devisee's or heir's failure to proceed with a payment
plan or to progress forward and complete a remediation plan.
If any sentence, clause, section or part of this article is
for any reason found to be unconstitutional, illegal or invalid, such
unconstitutionality, illegality or invalidity shall not affect or
impair any of the remaining provisions, sentences, clauses, sections
or parts hereof. It is hereby declared as the intent of the City Council
of the City of Clairton that this article would have been adopted
had such unconstitutional, illegal or invalid sentence, clause, section
or part thereof not been included herein.
All ordinances or parts of ordinances conflicting or inconsistent
herewith are hereby repealed.
