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. Service by certified mail and first class mail at the last known
address of the said owner.
B. Posting of said notice upon the premises that have been determined
blighted, record of said posting being made by photograph.