[HISTORY: Adopted by the Board of Commissioners of the Township
of Abington 7-9-2015 by Ord. No.
2098. Amendments noted where applicable.]
GENERAL REFERENCES
Real estate registry: vacant property — See Ch. 126.
The purpose and intent of this chapter is to establish a Vacant
Property Review Board to investigate and examine vacant and derelict
properties within the Township of Abington to determine if said properties
should be certified as blighted properties as set forth in the Urban
Redevelopment Law of 1945, as amended, 35 P.S. § 1701 et
seq.
As used in this chapter, the following terms shall have the
meanings indicated:
The Redevelopment Authority of the County of Montgomery,
a public body corporate and politic created and organized in accordance
with the provisions of the Urban Redevelopment Law.
Any of the following:
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 state or local housing, building, plumbing, fire
and related codes.
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.
Any dwelling which, because it is dilapidated, unsanitary, unsafe,
vermin-infested or lacking in the facilities or equipment required
by any applicable housing or building code, has been designated by
the department responsible for enforcement of the Code as unfit for
human habitation.
Any structure which is a fire hazard, or is otherwise dangerous
to the safety of persons or property.
Any structure from which the utilities, plumbing, heating, sewage,
or other facilities have been disconnected, destroyed, removed or
rendered ineffective so that the property is unfit for its intended
use.
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.
Any unoccupied property which has been tax delinquent for a
period of at least two years.
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.
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 are 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.
The Board of Commissioners of Abington Township.
The County of Montgomery.
Any area, whether improved or unimproved, which the Township
or County Planning Commission or the Vacant Property Review Board
created herein may find to be blighted because of the existence of
the conditions enumerated herein, so as to require redevelopment under
the provisions of the Urban Redevelopment Law.
A contract between the Authority and the redeveloper for
the redevelopment of an area under the provisions of the Urban Redevelopment
Law, as amended.
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 Township of Abington, Montgomery County, Pennsylvania.
Vacant Property Review Board.
A.
The Board of Commissioners hereby establishes a Vacant Property Review
Board, consisting of seven members to be selected as follows:
(1)
One member of the Board of Commissioners;
(2)
The Executive Director of the Redevelopment Authority or his/her
designee;
(3)
One member of the County Planning Commission, as selected by the
Executive Director of the Commission;
(4)
One member of the Abington Township Planning Commission; and
(5)
Three members to be appointed by the Board of Commissioners to staggered
three-year terms. The initial appointment of members shall be for
a term of office to commence June 1, 2015, on the following staggered
basis wherein the term of membership shall expire on the first Monday
of January in the year indicated as follows:
B.
Functions of the Vacant Property Review Board.
(1)
Certification of blight. Pursuant to the terms and requirements of
the Urban Development Act and this chapter, the VPRB shall make a
determination, and certify to the Redevelopment Authority, that a
particular property within the municipality is blighted.
(2)
Rules and regulations. The VPRB shall establish rules and regulations
consistent with the Urban Redevelopment Act, this chapter, and any
other applicable local, state or federal laws or regulations, to govern
the business of the VPRB, and the procedures for certification of
blighted properties to the Redevelopment Authority.
(3)
Advisory functions. The VPRB may advise the Township, the Planning
Commissions, and the Redevelopment Authority in matters relating to
the acquisition, disposition, and reinvestment of properties acquired
through the certification process of the VPRB.
A.
No property shall be certified to the Redevelopment Authority unless
it is vacant.
B.
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 county 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 rules and regulations established
by the VPRB. The owner or his agent shall have the right of appeal
from the determination that the property is blighted.
C.
No blighted property shall be certified to the Redevelopment Authority
until the time period of appeal, as provided in the VPRB's rules
and regulations, 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 VPRB or the Court.
D.
Acquisition and disposition of blighted property under this chapter
shall not require preparation, adoption or approval of a redevelopment
area plan or redevelopment proposal, as those terms are defined in
the Urban Redevelopment Law, as amended, but at least 30 days prior
to the acquisition of any property, the Redevelopment Authority shall
transmit identification of the property to the Township Planning Commission
and the County Planning Commission and shall request a recommendation
as to the appropriate reuse of the property. The Redevelopment Authority
shall not acquire the property where the Township Planning Commission
and the County Planning Commission certify the disposition for residential
or related use or commercial or industrial reuse would not be in accord
with the Comprehensive Plan of the Township or the county.
E.
Property disposed of within a redevelopment area should be disposed
of under a redevelopment contract in accordance with the provisions
of the Urban Redevelopment Law, as amended.
F.
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.
A.
All ordinances or parts of ordinances in conflict with the provisions
of this chapter are hereby repealed.
B.
To the extent that any federal or state agency with jurisdiction
shall impose, modify or terminate controls in any area pertinent to
this chapter, this chapter shall be construed as not to conflict therewith
while it is in the process of amendment or repeal, as the Township
may elect.
C.
If any section, subsection, sentence, clause, phrase or portion of
this chapter is for any reason held invalid or unconstitutional by
a final decision of any court of competent jurisdiction, such portion
shall be deemed a separate, distinct and independent provision and
such holdings shall not affect the validity of the remaining portions
hereof.
