The purpose of these provisions is to establish a Blighted Property
Review Committee of the County of York to implement the provisions
of the Urban Redevelopment Law, 1945, May 24, P.L. 991, as amended, and to promote reuse of the reinvestment properties
in the County of York.
This Blighted Property Review Committee shall be known as the
"York County Blighted Property Review Committee" (hereinafter the
"Committee").
As used in this chapter, the following terms shall have the
meanings indicated:
ABANDONED PROPERTY
A property shall be considered abandoned if:
A.
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;
B.
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
York County Assessment Office or Board of Assessment Appeals; or
C.
The property has been declared abandoned by the owner, including
an estate that is in possession of the property.
AUTHORITY or REDEVELOPMENT AUTHORITY or RACY
The Redevelopment Authority of the County of York, a public
body and a body corporate and politic created and organized in accordance
with the provisions of the Urban Redevelopment Law.
BLIGHTED PROPERTY
Blighted property shall 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 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 wells, shafts, basements, excavations, and unsafe fences
or structures.
C.
Any premises which because it is dilapidated, unsanitary, unsafe,
vermin infested, or lacking in the facilities and equipment required
by the housing code of any municipality, has been designated by the
department responsible for enforcement of the code as unfit for human
habitation.
D.
Any premises which is a fire hazard, or is otherwise dangerous
to the safety of nearby persons or property.
E.
Any premises from which the utilities, plumbing, heating, sewage,
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 of ground in a predominately
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.
G.
Any unoccupied property which has been tax delinquent for a
period of two years.
H.
Any property which is vacant, which has not been rehabilitated
within one year of the receipt of notice to rehabilitate from a municipal
code enforcement agency.
REDEVELOPMENT AREA
Any area, whether improved or unimproved, which the Planning
Commission may find to be blighted because of the existence of the
conditions enumerated herein, so as to require redevelopment under
the provisions of the Urban Redevelopment Law, as amended.
REDEVELOPMENT CONTRACT
A contract between the Authority and a redeveloper for the
redevelopment of an area under the provisions of the Urban Redevelopment
Law, as amended.
RESIDENTIAL AND RELATED USE
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.
VACANT
A property shall be considered vacant if:
A.
The property is unoccupied or its occupancy has not been authorized
by the owner of the property;
B.
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
C.
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.
The Committee, the Municipal Planning Commission and the County
Planning Commission, upon making a determination that any property
is a blighted property within the terms of this chapter, 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.
B. No property shall be certified to the Redevelopment Authority unless
the owner of the property or an agent designated by him/her for receipt
of service of notices within the County 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 and the Urban Redevelopment Act. The notice shall be served upon the owner or his/her agent
in accordance with the rules and regulations established by the Committee. The owner or his/her agent shall have the right of appeal
from the determination that the property is blighted in accordance
with the rules and regulations established by the Committee.
C. No 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 agent
has failed to comply with the order of the Committee or court of law.
The Committee may indemnify any members, officers, employees,
or other persons acting on behalf of the Committee and to purchase
insurance policies as the Committee shall deem necessary to the extent
of such indemnification.
These bylaws shall not be modified or amended except by written
instrument duly executed on behalf of each member, which shall require
the affirmative vote of at least two of the Commissioners representing
each member.
This chapter shall supersede and repeal all ordinances, resolutions
and parts thereof inconsistent or conflicting herewith.
This chapter shall become effective upon enactment.
If any sentence, clause, section or part of this chapter is
for any reason found to be unconstitutional, illegal, or invalid,
such unconstitutionality, illegality or invalidity shall not affect
or impair the remaining provisions, sentences, clauses, section or
parts of this chapter. It is hereby declared to be the intent of the
York County Board of Commissioners that this chapter would have been
adopted and would be enforceable had such unconstitutional, illegal,
or invalid sentence, clause, section or part thereof not been included
herein.