As used in this chapter, unless otherwise expressly stated or
clearly indicated by the context, the following terms shall have the
meanings indicated:
BUSINESS IMPROVEMENT
Repair, new construction or reconstruction of any business
property, including alterations and additions, having the effect of
rehabilitating a deteriorated business property so that it becomes
habitable or attains higher standards of health, economic use or amenity,
or is being brought into compliance with laws, ordinances or regulations
governing such standards; however, ordinary upkeep and maintenance
shall not be deemed a business improvement. New construction or erection
of a structure as business property upon vacant land or land prepared
to receive such structure within a designated deteriorated area shall
be deemed a business improvement. In the event of a dispute, the term
"business improvement" shall have the same meaning as the term "deteriorated
property" as defined in the Local Economic Revitalization Tax Assistance
Act.
BUSINESS PROPERTY
Any industrial, commercial or other business property owned
by an individual, association, corporation, or other entity, and includes,
but is not limited to, any portion of a property utilized for industrial,
commercial or other business use, and shall include any property which
has both residential and business uses. It shall not include vacant
land or land principally utilized as surface parking facilities.
DETERIORATED BUSINESS PROPERTY
Any business property located in a deteriorated neighborhood
or deteriorated area, or any business property which has been the
subject of an order by a government agency requiring the unit to be
vacated, condemned or demolished by reason of noncompliance with laws,
ordinances or regulations. "Deteriorated business property" may also
include any business property owned by the Harrisburg Redevelopment
Authority.
DETERIORATED RESIDENTIAL PROPERTY
A dwelling unit located in a deteriorated neighborhood or
a deteriorated area or a dwelling unit which has been, or upon request
is, certified by the Bureau of Codes Enforcement as unfit for human
habitation for rent withholding or other health or welfare purposes
or has been the subject of an order by the Bureau of Codes Enforcement
requiring the unit to be vacated, condemned or demolished by reason
of noncompliance with laws, ordinances or regulations. "Deteriorated
residential property" may also include any residential property owned
by the Harrisburg Redevelopment Authority. In the event of a dispute,
the term "deteriorated residential property" shall have the same meaning
as the term "deteriorated property" as defined in the Improvement
of Deteriorating Real Property or Areas Tax Exemption Act.
DETERIORATING AREA
An area within the corporate limits of the City which the
City, pursuant to public hearing(s), determines to meet one or more
criteria for the designation of such areas as set forth in the Local
Economic Revitalization Tax Assistance Act and the Improvement of
Deteriorating Real Property or Areas Tax Exemption Act; such an area
may be a deteriorated neighborhood as defined in the Improvement of
Deteriorating Real Property or Areas Tax Exemption Act, and the two
terms shall be interpreted as one and the same and may be used interchangeably
in each such instance. For purposes of this chapter, all those lands,
areas and neighborhoods bounded by and located within the corporate
limits of the City shall be designated a deteriorating area or deteriorating
neighborhood.
QUALIFIED AFFORDABLE HOUSING DEVELOPMENT
Any new construction of housing that qualifies as an affordable housing development pursuant to Chapter
12-101 of Title 12, Affordable Housing Certification of the Codified Ordinances of the City of Harrisburg, and which has received a certificate of qualification pursuant to that chapter.
[Added 4-13-2021 by Ord. No. 8-2021]
RESIDENTIAL CONSTRUCTION
The building or erection of dwelling unit(s) upon vacant
land or land specifically prepared to receive such structures.
RESIDENTIAL IMPROVEMENT
Repair, construction or reconstruction, including alterations
and additions, having the effect of rehabilitating a dwelling unit
so that it becomes habitable or attains higher standards of housing
safety, health or amenity, or is brought into compliance with laws,
ordinances or regulations governing housing standards. Ordinary upkeep
and maintenance shall not be deemed a residential improvement.
[Added 4-13-2021 by Ord. No. 8-2021]
A. For a qualified affordable housing development project to also qualify for an exemption under this chapter the owner of the property also must comply with the requirements of Chapter
12-101, Affordable Housing Certification, including the terms of the related affordable housing development agreement. Failure to maintain certification as a qualified affordable housing development under Chapter
12-101 will forfeit any remaining period of tax exemption authorized by this chapter.
B. Upon written notification from the City that a certificate of qualification for a qualified affordable housing development has been revoked or suspended pursuant to Chapter
12-101, Affordable Housing Certification, the LERTA Administrator shall cause the exemption authorized by this chapter to be suspended for failing to maintain a qualifying condition.
C. The LERTA Administrator shall notify the owner of record of any qualified
affordable housing development of a suspension authorized by this
section by First Class Mail at least 30 days prior to any such suspension
taking effect.
D. After the LERTA Administrator suspends an abatement pursuant to this section the owner of record of the qualified affordable housing development shall have the opportunity, within 90 days of notice of the suspension, to present competent evidence to the LERTA Administrator that the conditions causing the suspension have been cured. Only a certificate of qualification issued pursuant to Chapter
12-101, Affordable Housing Certification, shall constitute competent evidence to the LERTA Administrator when determining whether to lift or continue a suspension.
E. Nothing in this section shall prevent the LERTA Administrator from exercising any authority granted pursuant to Chapter
5-503 or any other authority granted to the LERTA Administrator to review, monitor, and enforce the provisions of this Part.