[Ord. 59-2002, 03 § 1, passed 4-28-2003]
As used in this article, the following terms shall have the
following meanings:
The only property that the Vacant Property Review Committee
may recommend the acquisition of. Such properties shall include:
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.
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.
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.
Any structure that is a fire hazard, or is otherwise dangerous
in the safety of persons or property.
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.
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.
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.
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.
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:
(a)
One member of the community, as appointed by the Mayor, shall serve
a two-year term.
(b)
The Chairperson of the Lebanon County Redevelopment Authority, or
his/her designee.
(c)
One member of the Department of Public Works, as appointed by the
Mayor.
(d)
One member of the Department of Public Safety, as appointed by the
Mayor.
(e)
One member to be designated by the Mayor of the City of Lebanon.
(f)
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:
(a)
No property shall be certified to the Redevelopment Authority unless
it is vacant.
(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 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.
(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 Director of
Public Safety or his designee.
(d)
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]
(a)
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.
(b)
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.
(c)
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.
(d)
The committee may advise, at its own discretion, appropriate agencies
in matters relating to the position of publicly owned properties in
the City.
(e)
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.
