1. The Borough or a 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:
A. Tax and/or municipal services delinquencies on account of the actions of the owner.
B. A serious violation and the owner has taken no substantial step to correct the serious violation within 6 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 Borough code.
2. 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.
3. In issuing a denial of a municipal permit, the Borough 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.
4. All municipal permits denied in accordance with this Section may be withheld by the Borough until an applicant obtains a letter of compliance from the appropriate State agency, municipality or school district indicating the following:
A. The property in question has no tax or municipal services delinquencies.
B. The property in question is now in compliance with State law, Borough code or other applicable codes.
C. 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, Borough code or other applicable codes.
5. 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.
6. Boards, including the Borough Zoning Hearing Board, may deny approval of municipal permits, which includes special exception approval and variance relief, if warranted as set forth above to the extent that approval of such a municipal permit is within the jurisdiction of the Board.
7. The Borough may appear to present evidence that the applicant is subject to denial by a Board in accordance with this Section.
8. 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.
(Ord. 897, 3/8/2012, §IV)