The Harrisburg Land Bank shall not levy any type of tax or special
assessment.
The Harrisburg Land Bank shall not spend any public funds on
political activities. Subject to the foregoing, this section is not
intended to prohibit Harrisburg Land Bank from engaging in activities
authorized by applicable law.
No provision of the ordinance or this chapter is intended, nor
shall it be construed, as a waiver by the City of any governmental
immunity provided under any applicable law.
The Harrisburg Land Bank shall comply with all applicable laws
prohibiting discrimination. The Land Bank shall be committed to assure
that the public body, its Board members, its staff and those under
its direction and control shall provide services in a manner that
does not discriminate against an individual because of religion, race,
color, national origin, age, sex, sexual orientation, height, weight,
marital status, partisan considerations, disability or genetic information.
The Land Bank shall not fail or refuse to hire, recruit, promote,
demote, discharge or otherwise discriminate against an individual
with respect to employment, compensation, or a term, condition or
privilege of employment because of religion, race, color, national
origin, age, sex, sexual orientation, height, weight, marital status,
partisan considerations, disability or genetic information.
The Harrisburg Land Bank may employ or enter into a contract
for an executive director, counsel and legal staff, technical experts
and other individuals and may determine the qualifications and fix
the compensation and benefits of its employees and consultants. The
Harrisburg Land Bank may arrange for any such staff in conjunction
with the Redevelopment Authority of the City of Harrisburg or other
partnering public entities.
The Harrisburg Land Bank is authorized to discharge liens and
other municipal claims, charges, or fines of the City of Harrisburg
and may seek to enter into an agreement for discharges from the applicable
municipal body against the properties it acquires. For the duration
of the time a property is held by the Harrisburg Land Bank, the Land
Bank is authorized to abate all real estate taxes and other municipal
charges by the City of Harrisburg and, to the extent necessary, may
seek abatement or nontaxable status from other applicable government
entities.
The Harrisburg Land Bank shall maintain and make publicly accessible
on its website, and at its offices during normal business hours, the
following:
A. An up-to-date inventory of property owned or held by the Land Bank;
and
B. A record of all properties conveyed by the Harrisburg Land Bank to
other parties within the previous and current calendar year.
If the Harrisburg Land Bank has reason to believe that real
property held by the Land Bank may be the site of environmental contamination,
the Land Bank shall provide the Pennsylvania Department of Environmental
Protection (DEP) with any information in the possession of the Land
Bank that suggests that the real property may contain such conditions.
The Land Bank shall cooperate with the DEP with regard to any request
made or action taken by DEP.
The Harrisburg Land Bank may institute a civil action to prevent,
restrain or enjoin the waste of or unlawful removal of any real property
held by the Land Bank.
Subject to the policies and procedures of the Board, provisions
of this ordinance and this chapter or the Land Bank Act and other
applicable laws, the Land Bank may convey, exchange, sell, transfer,
lease, grant, or mortgage interests in real property of the Land Bank
to any public or private person on terms and conditions, in the form
and by the method determined to be in the best interests of the Land
Bank through any means authorized under Section 2110 of the Land Bank
Act, and under the following terms and conditions:
A. Consistency with land use plans and planning provisions. All proposed
uses of land or buildings on real property disposed of by the Harrisburg
Land Bank shall be consistent with the provisions of the City's
Comprehensive Plan and any adopted neighborhood plans in the area
in which the real property is located. If no such adopted neighborhood
plan exists, the Land Bank shall determine that proposed uses are
consistent with the goals of the community by consulting with any
community groups in the area in which the real property is located,
the City Department of Building and Housing Development, and the Redevelopment
Authority of City of Harrisburg.
B. Board disposition policies. The Harrisburg Land Bank real property
shall be conveyed in accordance with the Land Bank Act and according
to criteria determined by the discretion of the Board and contained
in the policies and procedures adopted by the Board. The Board may
adopt policies and procedures that set forth priorities for a transferee's
use of real property conveyed by the Land Bank. The priorities established
may be for the entire Land Bank jurisdiction or may be set according
to the needs of different neighborhoods or other locations within
the Land Bank jurisdiction, or according to the nature of the real
property.
C. Delegation of authority. The Board may delegate disposition authority
to the staff of the Harrisburg Land Bank, except in the following
circumstances where the Land Bank is required to approve/deny the
disposition by formal action:
(1)
The proposed terms of the transaction conflict with the Harrisburg
Land Bank's published policies or procedures;
(2)
The value of the property is in excess of $50,000; or
(3)
When otherwise required by state law.
D. Coordination. The Harrisburg Land Bank shall coordinate with the
Redevelopment Authority of the City of Harrisburg where a redevelopment
project involves properties acquired by RACH as well as properties
acquired and/or owned by the Harrisburg Land Bank, and shall strive
to ensure a synchronized disposition process.
E. Consideration. The Board shall state in the Harrisburg Land Bank
policies and procedures the general terms and conditions for consideration
to be received by the Land Bank for the transfer of real property
and interests in real property. The Board shall determine the amount
and form of consideration necessary to convey, exchange, sell, transfer,
lease, grant or mortgage interests in real property. Consideration
may take the form of monetary payments and secured financial obligations,
covenants and conditions related to the present and future use of
the property, contractual commitments of the transferee and other
forms of consideration as determined by the Board to be in the best
interest of the Land Bank.
F. Municipal disposition requirements not applicable. Requirements which
may be applicable to the disposition of real property and interests
in real property by the City shall not be applicable to the disposition
of real property and interests in real property by a Land Bank pursuant
to Section 2110(d)(2) of the Land Bank Act.
G. Transaction. Any proceeds from the sale or transfer of real property
by the Harrisburg Land Bank shall be retained, expended, or transferred
by the Land Bank as determined by the Board in the best interests
of the Land Bank and in accordance with the Land Bank Act.
The Executive Director, or other individual designated by the
Board, shall prepare annually a budget for the Harrisburg Land Bank.
The Board shall review and approve a budget for the Land Bank immediately
preceding each fiscal year. Each budget approved and adopted by the
Board shall be balanced and subject to a mandate that funds will be
identified and duly approved before expenses may be incurred.
The Harrisburg Land Bank shall deposit and invest funds of the
Land Bank, not otherwise employed in carrying out the purposes of
the Land Bank, in accordance with an investment policy established
by the Board consistent with laws and regulations regarding investment
of public funds.
Disbursements of funds shall be in accordance with guidelines
established by the Board.
The Harrisburg Land Bank may be dissolved according to the requirements
of Section 2114 of the Land Bank Act upon a finding by approved by
2/3 of the entire Board pursuant to Section 2105(h)(3) of the Land
Bank Act and approved by a majority vote of City Council that confirms
there is no longer any need for a land bank to function within the
territorial limits of the City.