[HISTORY: Adopted by the City Council of the City of Warren 11-10-2003 by Ord. No.
1692. Amendments noted where applicable.]
A.
The purposes of these provisions are consistent with the preservation
of neighborhoods and protection of low- and moderate-income persons
against displacement, as stated in the legislative findings above,[1] to establish a Blighted Property Review Committee of the
City of Warren to implement the provisions of the state Urban Redevelopment
Law of 1945,[2] as amended, and to promote reuse of and reinvestment in
properties in the City of Warren. This Vacant Property Review Committee
shall be known and may be referred to as the "City of Warren Property
Reinvestment Board," hereinafter termed the "Board."
B.
From time to time, the Council of the City of Warren shall by resolution
establish rules/regulations for operation of the Committee.
A.
The Blighted Property Review Committee shall consist of members holding
two-year terms, consisting of the following:
(1)
One member of Council, appointed by Council;
(2)
A representative of the Redevelopment Authority, appointed by the
Authority;
(3)
A representative of the Planning Commission, appointed by the Commission;
(4)
A representative of the executive branch of City government, appointed
by the City Manager; and
(5)
A resident of the City of Warren appointed by Council.
Notwithstanding any other provision of law, the Redevelopment
Authority of the City of Warren shall have the power to acquire by
purchase, gift, bequest, eminent domain or otherwise any blighted
property as defined herein, either within or outside of a certified
redevelopment area, and further, shall have the power to hold, clear,
manage and/or dispose of said property for residential or related
uses and commercial or industrial reuse, as provided by law. This
power shall be exercised in accord with the procedure set forth hereinafter.
Blighted property to include:
A.
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 the local housing, building, plumbing, fire and
related codes.
B.
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.
C.
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
appropriate Code Official of the City of Warren as unfit for human
habitation.
D.
Any structure which is a fire hazard or is otherwise dangerous to
the safety of person or property.
E.
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.
F.
Any vacant or unimproved lot or parcel or 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 and other vermin.
G.
Any unoccupied property which has been tax delinquent for a period
of two years prior to the effective date of this article, and those
in the future having a two-year tax delinquency.
H.
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 City Code Official or board.
I.
Any abandoned property. A property shall be considered abandoned
if:
(1)
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;
(2)
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
(3)
The property has been declared abandoned by the owner, including
an estate that is in possession of the property.
Residential and related use 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 and the City of Warren Planning Commission, upon
making a determination that any property is blighted within the terms
of this chapter and the Urban Redevelopment Law, as amended, must
certify said blighted property to the Redevelopment Authority, except
that:
A.
No property shall be certified to the Redevelopment Authority unless
it is vacant. A property shall be considered vacant, if:
(1)
The property is unoccupied or its occupancy has not been authorized
by the owner of the property;
(2)
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
(3)
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.
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 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 § 18-7 of this chapter 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 per § 18-8 of this chapter.
C.
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.
The service of notice of determination of blight by the Committee
shall be served, at a minimum, through the following methods:
A.
Any owner or person who is aggrieved by ruling of the Committee that
his property has been determined blighted for the reasons set forth
in said Act 94 of 1978 aforesaid[1] may appeal the decision as hereinafter stated. The appeal
shall be in the form prescribed by the City and shall state the specific
reasons for appeal.
[1]
Editor's Note: Act 94 of 1978 amended the Urban Redevelopment
Law of 1945.
B.
The appeal must be filed with the PMC Board of Appeals and the Blighted
Property Review Committee, in writing, within 30 days of the date
of the receipt of the determination of blight by said owner or his
agent. Appeals shall be filed at the City of Warren Zoning/Permit
Office.
C.
The fee for appeal shall, from time to time, be established by resolution
of City Council. The required fee shall be payable to the City of
Warren and must accompany the appeal.
A.
The Committee may advise, at its own discretion, the Redevelopment
Authority in matters relating to the establishment and modification
of policies, priorities and procedures affecting the disposition of
properties acquired through the certification process of the Committee.
B.
The Committee may advise, at its own discretion, the Department of
Housing and Community Development in matters relating to the provision
of financial, advisory and technical rehabilitation assistance affecting
reinvestment in properties acquired through the certification process
of the Committee.
C.
The Committee may advise, at its own discretion, other municipal
agencies in matters relating to the functions of said agencies affecting
the acquisition, disposition and reinvestment in properties which
have been or may be acquired through the certification process of
the Committee.
D.
The Committee may advise, at its own discretion, appropriate agencies
in matters relating to the disposition of publicly owned properties
in the City of Warren.
E.
The Committee may advise, at its own discretion, appropriate agencies
in the design, development and implementation of homesteading and
other property reinvestment programs which may from time to time be
effectuated in the City of Warren by such agencies.
F.
The Committee shall do such other acts, including but not limited
to the promulgation and implementation of rules and regulations, as
may be necessary to fulfill the duties, obligations and administration
of Pennsylvania Act 94 of 1978 and this chapter.
A.
Acquisition and disposition of blighted property under this chapter
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, the Redevelopment Authority shall transmit
identification of the property to the City of Warren 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 City of Warren Planning Commission certifies that disposition
for residential or related uses would not be in accord with the Comprehensive
Plan of the municipality.
B.
Property disposed of within a redevelopment area shall be disposed
of under a redevelopment contract in accordance with the provisions
of this chapter.
C.
Property disposed of outside of an urban renewal project area shall
be disposed of by deed in accordance with the provisions set forth
in applicable law.
