Upper Darby, PA Property Maintenance: Property Blight (2026)
Key Facts
- Adopted
- 2011, Ordinance No. 2996
- Trigger
- No correction step within 6 months
- Remedy
- Single suit for penalties plus cleanup costs
- Asset lien
- Allowed after judgment, § 235-5
- Permit denial
- Township-wide, until compliance shown
Summary
Upper Darby's Neighborhood Blight Reclamation and Revitalization Ordinance lets the Township sue owners of seriously code-violating or nuisance properties for penalties and cleanup costs in one civil action, place liens against an owner's other assets, and deny that owner future municipal permits until the violation is corrected.
In addition to any other remedy available at law or in equity, the Township 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. 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 recovery of penalties by a municipality for the violation of a code, the Township 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 Township to remedy any code violation. B. A proceeding in equity.
Full Breakdown
Adopted in 2011 by Ordinance No. 2996 as Chapter 235, the Blight Reclamation and Revitalization Ordinance gives Upper Darby civil tools against owners whose property is in "serious violation" of a building, housing, property maintenance, health, fire or public safety code, meaning a violation that poses an imminent threat to health or safety, or whose property is a public nuisance. Under § 235-4, once an owner receives an order to correct a violation and takes no "substantial step" toward compliance within six months, and the order is not on appeal, the Township may bring an in personam civil action; that single action can recover both the penalties otherwise chargeable for the violation and the Township's actual cost of remediating the property, rather than forcing two separate suits.
The Township may instead proceed in equity. Section 235-5 lets the Township place a lien against an owner's assets once it wins that judgment, though the lien cannot reach the personal assets of a general partner, trustee, limited partner, shareholder, member or beneficiary of an owning entity beyond what other law already allows. Section 235-8 adds a permit-denial tool: a board or the Township may refuse any municipal permit, including zoning variances and special exceptions, to an owner who has an unappealable municipal-services delinquency or an unremedied serious violation anywhere in Pennsylvania, subject to a formal notice-and-compliance-letter process, a 45-day agency response window, and remediation-plan timelines of at least 30 days to begin and 90 days to complete.
Violations & Fines
There is no fixed dollar fine printed in Chapter 235 itself; § 235-4 instead authorizes the Township to recover, in one civil action, the code penalties already chargeable under the underlying building, housing or fire code plus its actual remediation costs. Owners who ignore a correction order for six months also risk an asset lien under § 235-5 and denial of any Township permit under § 235-8 until compliance is shown.
Frequently Asked Questions
What counts as a "serious violation" under Upper Darby's blight ordinance?
Can Upper Darby deny me a permit for a violation on a different property I own?
How long does an owner have to fix a violation before the Township sues?
Sources & Official References
Other rules in Upper Darby
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