For the purposes of this Part, the following words, terms and phrases shall have the following meanings, unless the context clearly indicates otherwise:
Blight Abatement Committee–a committee comprised of Borough Manager and two Council members appointed by Borough Council and charged with actions or decisions regarding blighted properties and property owners as well as holding and rendering decisions at appeals hearings, (hereafter “Committee”)
Blighted premises–
A. Any building, structure or parcel of land, including without limitation, single-family or multi-family residential or commercial, whether occupied or vacant.
B. A blighted premise is:
(1) Any premises which because of physical condition or use is regarded as a public nuisance at common law, or has been declared a public nuisance in accordance with the local housing, building, plumbing, fire and related codes.
(2) Any premises which because of physical condition, use or occupancy is considered an attractive nuisance to children, including, but not limited to, abandoned wells, shafts, basements, excavation, and unsafe fences or structures.
(3) Any dwelling which because of its dilapidated, unsanitary, unsafe, vermin-infested or lacking in the facilities and equipment required by the housing or building codes of the Borough, has been designated by the Borough responsible for enforcement of the code as unfit for human habitation.
(4) Any structure which is a fire hazard, or is otherwise dangerous to the safety of persons or property.
(5) Any structure, from which utilities, plumbing, heating, sewerage or other facilities have been disconnected, destroyed, removed or rendered ineffective so that the property is unfit for its intended use.
(6) Any vacant or unimproved lot or parcel of ground in a predominantly built-up neighborhood, which by reason of neglect or lack of maintenance has become a place for accumulation of trash and debris, or a haven for rodents or other vermin.
(7) Any unoccupied property which has been tax delinquent for a period of two years prior to the effective date of this act, and those in the future having a two-year tax delinquency.
(8) Any property which is vacant, but not tax delinquent, which has not been rehabilitated within one year of the receipt of notice to rehabilitate from the appropriate code enforcement agency.
(9) Any abandoned property, a property shall be considered abandoned if:
(a) It is a vacant or unimproved lot or parcel of ground on which a municipal lien for the cost of demolition of any structure located on the property remains unpaid for a period of six months.
(b) It is a vacant property or vacant or unimproved lot or parcel of ground on which the total of municipal liens on the property for tax or any other type of claim of the Borough are in excess of 150% of the fair market value of the property as established by anybody with legal authority to determine the taxable value of the property.
(c) The property has been declared abandoned by the owner, including an estate that is in possession of the property.
(10) A property which has defective or unusual conditions of title or no known owners, rendering title unmarketable.
(11) A property which has environmentally hazardous conditions, solid waste pollution or contamination in a building or on the land which poses a direct and immediate threat to the health, safety and welfare of the Borough.
(12) A property having three or more of the following characteristics:
(a) Has unsafe or hazardous conditions that do not meet current use, occupancy or fire codes.
(b) Has unsafe external and internal access ways.
(c) Is being served by an unsafe public street or right-of-way.
(d) Violates the applicable property maintenance code adopted by the Borough and is an immediate threat to public health and safety.
(e) Is vacant.
(f) Is located in a redevelopment area with a density of at least 2,500 people per square mile.
(13) A property that is not being adequately maintained and is visible from either the street or from an adjacent property. The following factors shall be considered in determining whether it is not being adequately maintained:
(a) Multiple missing, broken or boarded windows or doors.
(b) Collapsing, seriously damaged or missing walls, roof, siding or other exterior features including, but not necessarily limited to, stairs, porches, railings, hatchways, chimneys or floors.
(c) Persistent accumulation of excessive amounts of garbage or trash on the premises.
(d) Chronically neglected and/or inoperable motor vehicles, camper trailers or boats being stored on the premises, unless garaged, for a period of time in excess of 50 days. This restriction shall not apply to off-season storage of recreational vehicles and boats.
(e) Outside storage, for a period of time in excess of 60 days, or material or equipment which is incapable of performing the function for which it is designed, including, but not limited to, parts of automobiles, furniture, appliances, cans, boxes, scrap metal, tires, batteries, containers and the like.
(f) Rodent harborage and/or infestation.
(g) Chronically overgrown grass, weeds or similar vegetation that is allowed to reach and remain at a height of eight inches or greater. Cultivated gardens and areas maintained in their naturally wooded or field are specifically excluded from the height requirement so stated.
(h) Commercial parking areas left in a state of disrepair or abandoned.
Board–shall mean a Zoning Hearing Board or other body granted jurisdiction to render decisions in accordance with the Pennsylvania Municipalities Planning Code, the State Borough Code, the Minersville Zoning Ordinance or a board authorized to act in a similar manner by law.
Borough–the Borough of Minersville, Schuylkill County, Pennsylvania.
Borough permit(s)—privileges related to real property granted by Minersville Borough including, but not limited to, building permits, electrical permit, mechanical permit, plumbing permit, roofing permit, zoning permit, occupancy permit and special exceptions or variances from the Minersville Zoning Ordinance, the term includes approvals pursuant to land use ordinances other than decisions on the substantive validity or the zoning ordinance or map or the acceptance of a curative amendment.
Borough Property Maintenance Code(s)–a property maintenance code governing the maintenance of existing buildings as written and adopted by the International Property Maintenance Code, as amended. Known in this Part as “the Code”. This defined term does not include or refer to subdivision and land development ordinance or a zoning ordinance regulations enacted by the Borough.
Building–a residential, commercial or industrial or some combination thereof or structure and the land appurtenant to it.
Enforcement–the Code Enforcement Officer and Police Department shall have the authority to determine violations and enforce this Part.
Municipal service(s)–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.
Owner/occupant –a holder of title to residential, commercial or industrial real estate who possesses and controls the real estate which he or she may live in, lease, rent, possess, or are responsible for within Minersville.
Premises–a lot or parcel and all buildings, structures, or uses located thereon.
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 Borough official a public nuisance in accordance with the code, as amended.
Serious violation–a violation of a state law or Borough Property Maintenance Code (as the terms are defined within) 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.
Special circumstances–a personal or economic hardship which renders the owner/occupant incapable of complying with an order of the Blight Abatement Committee. Such special circumstances may be considered by the Blight Abatement Committee as grounds to provide additional flexibility in complying with the aforementioned order.
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 Borough official or officer of the court of the part of the property owner or managing agent to remedy a serious violation of state law or Borough Property Maintenance Code including, but not limited to, physical improvements or repairs to the property.
Tax delinquent property–tax delinquent real property as defined under the Real Estate Tax Sale Law (P.L. 1368, No. 542), the Municipal Claim and Tax Lien Law (P.L. 207, No. 153) or the Second Class City Treasurers’ Sale and Collection Act (P.L. 876, No. 171) located in any municipality in this commonwealth.
(Ord. 2015-314, 8/11/2015)