[Ord. 59-2002, 03 § 1, passed 4-28-2003]
As used in this article, the following terms shall have the following meanings:
- BLIGHTED PROPERTY
- The only property that the Vacant Property Review Committee may recommend the acquisition of. Such properties shall include:
- (1) 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.
- (2) Any premises that, 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.
- (3) 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 department responsible for enforcement of the code as unfit for human habitation.
- (4) Any structure that is a fire hazard, or is otherwise dangerous in the safety of persons or property.
- (5) 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.
- (6) 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 or other vermin.
- (7) Any unoccupied property which was tax delinquent for a period of two years prior to April 28, 2003, and those having a two year tax delinquency thereafter.
- (8) Any property that is vacant but not tax delinquent, which has not been rehabilitated within one year of the receipt of notice to rehabilitate from the appropriate Department of Public Safety.
- VACANT PROPERTY REVIEW COMMITTEE
- A committee made up of five members whose job it shall be to certify to the Redevelopment Authority any structures that have been determined to be blighted and subject to acquisition under the terms of this article.
[Ord. 59-2002, 03 § 2, passed 4-28-2003]
The Committee shall consist of five members, as follows:
One member of the community, as appointed by the Mayor, shall serve a two-year term.
The Chairperson of the Lebanon County Redevelopment Authority, or his/her designee.
One member of the Department of Public Works, as appointed by the Mayor.
One member of the Department of Public Safety, as appointed by the Mayor.
One member to be designated by the Mayor of the City of Lebanon.
The City Solicitor, who shall sit in an advisory capacity.
[Ord. 59-2002, 03 § 3, passed 4-28-2003]
Notwithstanding any other provision of law, the Lebanon County Redevelopment Authority 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 and related use or commercial or industrial reuse, as provided by law. This power shall be exercised in accord with the procedure set forth hereinafter.
[Ord. 59-2002, 03 § 4, passed 4-28-2003]
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.
[Ord. 59-2002, 03 § 5, passed 4-28-2003]
The Vacant Property Review Committee and the Planning Commission, upon making a determination that any property is blighted within the terms of this article, must certify such blighted property to the Redevelopment Authority, except that:
No property shall be certified to the Redevelopment Authority unless it is vacant.
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 City 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 article. The notice shall be served upon the owner or his agent in accord with the provisions of City ordinances 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 of blighted property in the same manner as an appeal from the determination of public nuisance.
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 Director of Public Safety or his designee.
No single vacant lot or parcel of ground shall be certified to the Redevelopment Authority under this section on which more than ten dwelling units can be constructed under existing zoning regulations.
[Ord. 59-2002, 03 § 6, passed 4-28-2003]
The Vacant Property Review 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.
The Committee may advise, at its own discretion, the Department of Public Safety 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.
The Committee may advise, at its own discretion, other Municipal agencies in matters relating to the functions of such agencies affecting the acquisition, disposition and reinvestment in properties that have been or may be acquired through the certification process of the Committee.
The committee may advise, at its own discretion, appropriate agencies in matters relating to the position of publicly owned properties in the City.
The Committee may advise, at its own discretion, appropriate agencies in the design, development and implementation of homesteading and other property reinvestment programs that may from time to time be effectuated in the City by such agencies.