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Borough of Ben Avon, PA
Allegheny County
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Table of Contents
Table of Contents
[Ord. 758, 10/29/2012]
For the purposes of the interpretation and administration of this Part, the following definitions shall apply:
ABATEMENT
The temporary exemption from real estate taxation of the assessed value of certain improvements located on deteriorating property (as defined below) or in a deteriorating area (as defined below) according to the terms and conditions hereinafter set forth.
DETERIORATING AREA
That portion of the property located within the geographical boundaries of the Borough which the Council of the Borough determines to be physically blighted on the basis of one or more of the following standards:
A. 
The residential buildings, by reason of age, obsolescence, inadequate or outmoded design or physical deterioration, have become economic and/or social liabilities;
B. 
The residential buildings are substandard or unsanitary for healthful and safe living purposes;
C. 
The residential buildings are overcrowded, poorly spaced or are so lacking in light, space and air as to be conducive to unwholesome living;
D. 
The residential buildings are faultily arranged, cover the land to an excessive extent or show a deleterious use of land, or exhibit any combination of the above which is detrimental to health, safety or welfare;
E. 
A significant percentage of buildings used for residential purposes is more than 20 years of age;
F. 
A substantial amount of unimproved, overgrown and unsightly vacant land exists which has remained so for a period of five years or more, indicating a growing or total lack of utilization of land for residential purposes; or
G. 
A disproportionate number of tax-exempt or -delinquent properties exist in the area.
DETERIORATING PROPERTY
A dwelling unit (as defined below) located in a deteriorating area or a dwelling unit which has been or upon request is certified by a health, housing or building inspection agency as unfit for human habitation, for rent withholding, or other health or welfare purposes, or has been the subject of an order by such an agency requiring the unit to be vacated, condemned or demolished by reason of noncompliance with laws, ordinances or regulations.
DWELLING UNIT
A house, apartment or group of rooms intended for occupancy as separate living quarters by a family or other groups or a person living alone, containing a kitchen or cooking equipment for the exclusive use of the occupants.
IMPROVEMENT
Repair, construction or reconstruction, including alterations and additions, having the effect of rehabilitating a structure so that it becomes habitable or attains standards of housing safety, health or amenity, or is brought into compliance with laws, ordinance or regulations governing housing standards. Upkeep and maintenance shall not be deemed an improvement.
[Ord. 758, 10/29/2012]
The Council has determined, after public hearing, that the property on Park Avenue, as described by Exhibit A,[1] constitutes a deteriorating area, as defined herein, such property consisting of the land comprised of 0.623 acre of property designated as Lots 1 through 6 of the plan recorded on October 11, 2012, at Plan Book Volume 275, Page 71, in the Allegheny County Department of Real Estate and named as the "AWK Development, Inc., Subdivision."
[1]
Editor's Note: Exhibit A is included as an attachment to this chapter.
[Ord. 758, 10/29/2012]
1. 
An abatement from real estate tax for such improvements to deteriorating property or deteriorating area will be provided in accordance with the following schedule:
Year
Abatement
1
100% of the assessed value of the improvements
2
90% of the assessed value of the improvements
3
80% of the assessed value of the improvements
4
70% of the assessed value of the improvements
5
60% of the assessed value of the improvements
6
50% of the assessed value of the improvements
7
40% of the assessed value of the improvements
8
30% of the assessed value of the improvements
9
20% of the assessed value of the improvements
10
10% of the assessed value of the improvements
2. 
The schedule of abatement shall not be effective nor shall any property qualify for abatement unless said property is improved with a single-family dwelling and all of the buildings existing on the property described in Exhibit A, as of the date of adoption of this Part, have been removed.
[Ord. 758, 10/29/2012]
1. 
Any person desiring an abatement pursuant to this Part shall notify the Ben Avon Borough Codes Officer in writing on an application prescribed by the Borough. The applicant must submit the form at the time he secures the building permit or, if no building permit or other notification of improvement is required, at the time he commences construction.
A. 
The application shall require the applicant to submit the following information and any other information required by the Borough:
(1) 
The date the building permit was issued for said improvement;
(2) 
The location by street address and block and lot number;
(3) 
A list of any zoning variances or zoning approvals obtained for the proposed improvement;
(4) 
The cost of the improvement.
B. 
The Borough Codes Officer shall immediately notify the Avonworth School District and the Allegheny County Office of Property Assessment of any approved abatement application by delivering a copy of the application and approval to the district and the Office of Property Assessment.
[Ord. 758, 10/29/2012]
The abatement from taxes authorized by this Part shall be upon the property and shall not terminate upon the sale, conveyance, bequest or other alienation of such property.
[Ord. 758, 10/29/2012]
The cost of improvements per dwelling unit to be exempted existing at the time of the initial request for tax exemption shall be applicable to the exemption request, and subsequent amendments to this Part, if any, and shall not apply to requests initiated prior to their adoption.
[Ord. 758, 10/29/2012]
Any ordinance or part of an ordinance is hereby repealed insofar as it is in conflict herewith.
[Ord. 758, 10/29/2012; as amended by Ord. 761, 3/19/2013]
This Part shall become effective once a resolution or ordinance exempting the said property from real property taxation, in accordance with the terms of this Part, has been adopted by the Avonworth School District.