[HISTORY: Adopted by the Council of the City
of Sunbury 5-11-2020.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed former Ch. 49,
Vacant Property Review Committee, adopted 8-13-1979 by Ord. No. 1001.
The City of Sunbury hereby creates a Blighted Property Review
Committee (hereinafter "the Committee"), as per the mandate of 35
P.S. § 1712.1, which Committee shall include one member
of the City Council of the City of Sunbury, a representative of the
Redevelopment Authority of the City of Sunbury, a representative of
the City Planning Commission, and a representative to be designated
by the Mayor from the Executive Branch of the City government. Upon
creation of the Committee, one Committee member shall serve for a
term of one year; one shall serve for a term of two years; one shall
serve for a term of three years; and one shall serve for a term of
four years. Thereafter, upon expiration of a term, each successor
shall serve for a term of four years.
As used in this chapter, the following terms shall have the
meanings indicated:
Shall include:
Any and all premises which because of either physical condition
or use are regarded as a public nuisance at common law or have been
declared a public nuisance in accordance with federal, state, or local
housing, building, plumbing, fire and related codes; and
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, excavations, and unsafe
fences or structures; and
Any dwelling which because it is dilapidated, unsanitary, unsafe,
vermin-infested or lacking in the facilities and equipment required
by the Housing Code of the municipality, has been designated by the
department responsible for enforcement of the code as unfit for human
habitation; and
Any structure which is a fire hazard, or is otherwise dangerous
to the safety of persons or property; and
Any structure from which the 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; and
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; and
Any unoccupied property which has been tax delinquent for a
period of two years prior to the effective date of this chapter, and
those in the future having a two-year tax delinquency; and
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; and
Any abandoned property. A property shall be considered abandoned
if:
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;
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 municipality is in excess of
150% of the fair market value of the property as established by the
Board of Revisions of Taxes or other body with legal authority to
determine the taxable value of the property; or
The property has been declared abandoned by the owner, including
an estate that is in possession of the property.
Shall include residential property for sale or rental and
related uses, including, but not limited to, park and recreation areas,
neighborhood community service, and neighborhood parking lots.
The Committee, in conjunction with the City Planning Commission,
shall have the power to:
A.
Make a determination that a property is blighted within the terms
of this chapter, as set forth above; and
B.
Certify said blighted property to the Redevelopment Authority, in
keeping with the following limitations:
(1)
No property shall be certified to the Redevelopment Authority unless
it is vacant. A property shall be considered vacant if:
(a)
The property is unoccupied or its occupancy has not been authorized
by the owner of the property;
(b)
In the case of an unimproved lot or parcel of ground, a lien
for the cost of demolition of any structure located on the property
remains unpaid for a period of six months; or
(c)
In the case of an unimproved lot or parcel of ground, the property
has remained in violation of any provision of local building, property
maintenance or related codes applicable to such lots or parcels, including
licensing requirements, for a period of six months.
(2)
No property shall be certified to the Redevelopment Authority unless
the owner of the property or an agent designated by him for receipt
of service of notices within the municipality has been served with
notice of the determination that the property is blighted, together
with an appropriate order to eliminate the conditions causing the
blight and notification that failure to do so may render the property
subject to condemnation under this chapter. The notice shall be served
upon the owner or his agent in accord with the provisions of a local
ordinance pertaining to service of notice of determination of a public
nuisance. The owner or his agent shall have the right of appeal from
the determination in the same manner as an appeal from the determination
of public nuisance. The process for the appeal in this manner shall
be that the owner or his agent shall have a period of 30 days from
the date of notice of the determination of blight in which to file
a notice of appeal to the Blighted Property Review Committee and pay
a $150 fee with the Office of the City Clerk. A hearing shall then
be held before the Blighted Property Review Committee within 30 days
of the date of the filing of said notice. Upon receipt of the written
decision of the Blighted Property Review Committee, after a hearing
before the same, the owner shall have 30 days to file a notice of
appeal to the City Council and pay a $150 fee with the Office of the
City Clerk. A hearing shall then be held before the City Council within
30 days of the date of the filing of said notice. Upon receipt of
the written decision of the City Council, after a hearing before the
same, the owner shall have 30 days to file an appeal before the Northumberland
County Court of Common Pleas and pay any and all necessary fees commensurate
therewith.
[Amended 4-25-2022]
(3)
No blighted property shall be certified to the Redevelopment Authority
until the time period for appeal has expired and no appeal has been
taken, or, if taken, the appeal has been disposed of, and the owner
or his agent has failed to comply with the order of the responsible
department or other officer or agency.
Acquisition and disposition of blighted property under this
section shall not require preparation, adoption or approval of a redevelopment
area plan or redevelopment proposal, but at least 30 days prior to
acquisition of any property under this section, the Redevelopment
Authority shall transmit identification of the property to the Planning
Commission of the municipality and shall request a recommendation
as to the appropriate reuse of the property. The Redevelopment Authority
shall not acquire the property where the Planning Commission certifies
that disposition for residential or related use would not be in accord
with the Comprehensive Plan of the municipality.
The power of eminent domain shall only be exercised pursuant
to a resolution of the Redevelopment Authority and the procedure set
forth in the most current Pennsylvania Eminent Domain Code.
Property disposed of within a redevelopment area shall be disposed
of under a redevelopment contract in accordance with the provisions
of 35 P.S. § 1701 et seq.
Property disposed of outside an urban renewal project area shall
be disposed of by deed in accordance with the provisions set forth
in applicable law.
