The Board shall consist of five members, as follows:
A. The Mayor of the City of Pittston;
B. Executive Director of the Redevelopment Authority of the City of
Pittston, or his/her designee;
C. One member of the Pittston City Planning Commission, as appointed
by the Commission's Chairman;
D. The City Administrator of the City of Pittston; and
E. One citizen to be designated by the Mayor of the City of Pittston.
[Amended 2-19-2020 by Ord. No. 8-2020]
Notwithstanding any other provision of law, the Redevelopment
Authority of the City of Pittston 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 in the Guidebook
to the Property Blight and Reinvestment Process for the City of Pittston.
[Amended 3-17-2021 by Ord. No. 3-2021]
"Blighted property" shall mean:
A. A premises:
(1) Ascertained
to be a public nuisance due to physical condition or use and regarded
as such at common law and deemed to be a danger to public health,
safety and welfare or public nuisance as regulated by a locally adopted
property maintenance code or, if no such code exists, any compatible
code enacted by the Act of November 10, 1999 (P.L. 491, No. 45), known
as the "Pennsylvania Construction Code Act"; or
(2) The
condition of which contains an attractive nuisance created by physical
condition, use or occupancy, including abandoned water wells, shafts,
basements, excavations and unsafe fences or other structures, or which
contains an unauthorized entry, unsafe equipment or other safety risk.
B. A dwelling
that has been condemned or otherwise deemed unfit for occupancy or
use by the local authority having jurisdiction due to dilapidated,
unsanitary, unsafe or vermin-infested condition or that is lacking
in the facilities and equipment as required by the Pennsylvania Construction
Code Act.
C. A structure
determined by the local authority having jurisdiction to be a fire
hazard or otherwise that could easily catch fire or cause a fire and
endanger public health, safety and welfare.
D. A vacant
or unimproved lot or parcel of ground located in a predominantly developed
neighborhood that has become a place for the accumulation of trash
and debris or a haven for rodents and other vermin by reason of neglect
or lack of maintenance.
E. A property
that is vacant and has not been rehabilitated within one year from
receipt of notice for corrective action as issued by the local authority
having jurisdiction, except a property where a valid construction
permit is in place.
F. A vacant
or unimproved lot or parcel of ground that is subject to a municipal
lien for the cost of demolition of a structure previously located
on the property and for which no payments on the lien have been made
for a period of 12 months.
G. A vacant
or unimproved lot or parcel of ground on which the total municipal
liens for delinquent real estate and property tax or any other type
of municipal claim are greater than 150% of the fair market value
of the property as established by the Board of Assessment Appeals
or other body with legal authority to determine the taxable value
of the property.
H. A property
that has been declared abandoned, in writing, 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 Board and the Pittston City Planning Commission, upon making
a determination that any property is blighted 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. 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 of 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 City 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 the provisions of a local
ordinance 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 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 Chief Building
Official of the City of Pittston or other office or agency.