[HISTORY: Adopted the City Council of the City of Pittston 8-15-2018 by Ord. No. 10-2018. Amendments noted where applicable.]
A.
The purposes of these provision are, consistent with the preservation
of neighborhoods and protection of low- and moderate-income prisons
against displacement as stated in the legislative findings above,
to establish a vacant property review committee of the City of Pittston
to implement the provisions of the State Urban Redevelopment Law of
1945,[1] as amended by Act 94 of 1978 and Act 39 of 1988, and to
promote reuse of the reinvestment in properties in the City of Pittston.
This vacant property review committee shall be known and may be referred
to as the "Pittston Blighted Property Board," hereinafter termed the
"Board."
[1]
Editor's Note: See 35 P.S. § 1701 et seq.
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.
A.
The Board may advise at its own discretion the Redevelopment Authority
in matter relating to the establishment and modification of policies,
priorities and procedures affecting the disposition of properties
acquired through the certification process of the Board.
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 the Guidebook
to the Property Blight and Reinvestment Process for the City of Pittston
for notice of determination of a blight. The owner or his agent shall
have the right of appeal to the Joint Code Appeals Board within 30
days of the initial notice of blight.
[Amended 2-19-2020 by Ord. No. 8-2020]
C.
The Board may advise at its own discretion other municipal agencies
in matter relating to the functions of said agencies affecting the
acquisition, disposition and reinvestment in properties which have
been or may be acquired through the certification process of the Board.
D.
The Board may advise at its own discretion appropriate agencies in
matters relating to the disposition of publicly owned properties in
the City of Pittston.
E.
The Board may advise at its own discretion appropriate agencies in
the design, development and implementation of homesteading and other
property reinvestment programs which may from time to time be effectuated
in the City of Pittston by such agencies.
F.
The Board shall do such other acts, including but not limited to
the promulgation and implementation of rules and regulations as may
be necessary to fulfill the duties, obligations and administration
of Pennsylvania Act 94 of 1978 and this chapter.
A.
Acquisition and disposition of blighted property under this article
shall not require preparation, adoption or approval of a redevelopment
area plan or redevelopment proposal, but at least 30 days prior to
acquisition of any property, the Redevelopment Authority shall transmit
identification of the property to the Pittston City Planning Commission
and shall request a recommendation as to the appropriate reuse of
the property. The Redevelopment Authority shall not acquire the property
where the Pittston City Planning Commission certifies that disposition
for residential or related use or commercial or industrial reuse would
both be in accord with the Comprehensive Plan of the municipality.
B.
Property disposed of within a redevelopment area shall be disposed
of under a redevelopment contract in accordance with the provisions
of this chapter.
C.
Property disposed of outside an urban renewal project area shall
be disposed of by deed in accordance with the provisions set forth
in applicable law.
