[HISTORY: Adopted by the City Council of the City of Hazleton 11-10-2020 by Ord. No. 2020-25. Amendments noted where applicable.]
A. 
Pursuant to 68 Pa.C.S.A. § 2104, the Council of the City of Hazleton hereby authorizes the creation of a public body corporate and politic to be named the "City of Hazleton Land Bank."
B. 
The purpose of this chapter is to create the City of Hazleton Land Bank that will use available resources to facilitate the return of vacant, blighted, abandoned, and tax-delinquent properties to productive use, thereby combating community deterioration, and creating economic growth and stabilizing the housing and job market.
C. 
The Land Bank will acquire, hold, and transfer interest in real property throughout the City of Hazleton, as approved by its Board of Directors, in ways that are consistent with the goals and priorities established by this chapter, local government partners, and other community stakeholders, as follows:
(1) 
To deter the spread of blight;
(2) 
To promote redevelopment and reuse of vacant, abandoned, and tax-delinquent properties;
(3) 
To support targeted efforts to stabilize neighborhoods; and
(4) 
To stimulate residential, commercial and industrial development.
D. 
The City of Hazleton and the Redevelopment Authority of the City of Hazleton will identify all surplus vacant property owned by these entities that they wish the Land Bank to acquire.
The following words and phrases when used in this chapter will have the meanings given to them in this section, unless the context clearly indicates otherwise:
LAND BANK
The City of Hazleton Land Bank, a public body corporate and politic established under the Act of October 24, 2012, P.L. 1239, No. 153 (68 Pa.C.S.A. § 2101 et seq.) and this chapter.
OWNER-OCCUPANT
A natural person with a legal or equitable ownership interest in property which was the primary residence of the person for at least three consecutive months at any point in the year preceding the date of initial delinquency.
REAL PROPERTY
Land and all structures and fixtures thereon, and all estates and interests in land, including easements, covenants and leaseholders.
[Amended 11-12-2024 by Ord. No. 2024-20]
A. 
All personnel, facilities, equipment and supplies within the Land Bank will be governed by a Board of Directors as provided herein.
B. 
Number of Board members. The Land Bank will be governed by a Board of Directors comprised of seven members. The Board of Directors of the Land Bank will not have authority to modify the size of the Board under any provision of the bylaws of the Land Bank.
C. 
Initial Board members. The Land Bank will initially be governed by a Board of Directors comprised of the following members, who will serve terms of three months, or until all the members of the Permanent Board have been appointed in accordance with this chapter.[1]
[1]
Editor's Note: Here followed the list of original Board members.
D. 
(Reserved)
E. 
No member shall be a public official.
F. 
Compensation and expenses. Members of the Board of Directors will serve without compensation and may seek reimbursement for expenses associated with the duties relating to Land Bank activities.
G. 
Ethical standards. Members of the Board of the Land Bank and its employees will be subject to the Act of July 19, 1957, P.L. 101, No. 451, known as the State Adverse Interest Act,[2] and the ethical standards and disclosure requirements of 65 Pa.C.S.A. Chapter 11, and any other supplemental rules and guidelines adopted by the Board of the Land Bank.
[2]
Editor's Note: See 71 P.S. § 776.1 et seq.
H. 
Officers. The Land Bank Board members will annually elect officers to serve as Chairman, Vice Chairman, Secretary and Treasurer, and each officer will serve a one-year term. Members may be reelected to serve successive terms. The duties of officers will be established by the Board according to law.
I. 
Vacancies. Any vacancy among the members of the Board appointed under this section, whether caused by the death, resignation, or removal will be filled by the original appointing authority within 60 days of the creation of the vacancy, and, if not filled within that time, the Mayor is given the authority to fill the vacancy.
J. 
Meetings of the Board. The Land Bank will hold regular public meetings monthly, and will allow for public comment on matters under deliberation at each such public meeting. The place, date, and time of the Land Bank meetings will be determined at the discretion of the Board of Directors. All meetings of the Board of Directors will comply with the Pennsylvania Sunshine Act. The Chairman of the Board may call special meetings by written notice delivered at least 24 hours in advance to each Board member, and advertised in accordance with the Pennsylvania Sunshine Act. Special meetings may also be called upon by written notice signed by a majority of the Board members and delivered at least 24 hours in advance to each Board member, and advertised in accordance with the Pennsylvania Sunshine Act.[3] If the Board chooses to hold meetings outside of regular City Hall business hours, the Board must select and fund a recording secretary. If meetings are held during regular City Hall business hours, the Mayor shall assign a recording secretary. The Board shall have the option to select a private solicitor for Land Bank matters, the position must be fully funded by the Board.
[3]
Editor's Note: See 65 Pa.C.S.A. § 701 et seq.
K. 
Quorum. A quorum will be necessary for the transaction of any business by the Board of Directors. A majority of the Members of the Board of Directors, excluding vacancies on the Board, will constitute a quorum. The Board of Directors will act by a majority vote of the Members at a meeting at which a quorum is present, except as otherwise provided in this chapter. No voting by proxy will be permitted.
L. 
Minutes. Minutes of all meetings of the Board of Directors and its committees will be made and maintained.
M. 
Committees. The Board of Directors may establish such committees as may be needed to assist the Board in conducting the business of the Land Bank. Committee members will be appointed by the Chairman, and each committee will include at least one member of the Board of Directors. Any business proposed by a committee will require approval by the Board of Directors.
N. 
Fiduciary duty. The members of the Board of Directors of the Land Bank are under a fiduciary duty to conduct the activities and affairs of the Land Bank in the best interests of the residents of the City of Hazleton, including the safekeeping and use of all Land Bank monies and assets. The Board of Directors will discharge their duties in good faith, with the care an ordinarily prudent person in a like position would exercise under similar circumstances.
The Land Bank will have the following powers and duties:
A. 
To develop stewardship and management plans for each acquired interest inconsistent with or detrimental to the purpose/rationale which justifies its acquisition;
B. 
To supervise the management of the property interests acquired;
C. 
To develop annual reports of Land Bank activity;
D. 
To conduct real property appraisals;
E. 
To negotiate real property purchases or trades;
F. 
To provide for a system of accounting;
G. 
To adopt, amend, and/or repeal policies and procedures for contracting and procurement;
H. 
To borrow money from private lenders, from cities or counties, from the state, or from federal government funds to further or carry out the Land Bank's public purpose by executing leases, trust indentures, trust agreements, agreements for the sale notes, loan agreements, mortgages, deeds to secure debt, trust deeds, security agreements, assignments, and such other agreements or instruments as may be necessary or desirable, in the judgment of the Land Bank, to evidence and to provide security for such borrowing;
I. 
To make application directly or indirectly to any federal, state, county, or municipal government or agency, or to any other source, whether public or private, for loans, grants, gifts, guarantees, labor, or other aid or financial assistance in furtherance of the Land Bank's public purpose, and to accept and use the same upon such terms and conditions as are prescribed by such federal, state, county, municipal government or agency, or other source;
J. 
The City of Hazleton assents to real estate tax payment allocation to the Land Bank for properties returned to the tax rolls after Land Bank ownership with regard to City real estate taxes, to the extent allowed by state law, and the Land Bank is authorized to seek allocation of real estate taxes on return of land to the tax rolls after Land Bank ownership by agreement with other applicable taxing authorities; and
K. 
To provide for property maintenance and preservation of Land Bank properties. The Board may contract with the City to provide said services.
L. 
All other powers and duties provided for, authorized, or allocated under the Act of October 24, 2012, P.L. 1239, No. 153 (68 Pa.C.S.A. § 2101 et seq.), and any amendments.
A. 
Employees. The Land Bank may employ or enter into a contract for an executive director, counsel, legal staff, technical experts, and other individuals, and may determine the qualifications and fix the compensation and benefits of those employees. The Land Bank may arrange for any such staff in conjunction with the City of Hazleton.
B. 
Municipal contracts for services. The Land Bank may enter into a contract, memorandum of understanding, or intergovernmental cooperation agreement with the City of Hazleton for:
(1) 
Providing staffing services to the Land Bank; or
(2) 
Providing staffing services to the City by the Land Bank.
A. 
The Land Bank is authorized to acquire real property or interests in real property through donation, gift, purchase, or any other legal means, including tax sale or judicial sale, or by transfer from the Luzerne County Tax Claim Bureau. The Land Bank will hold in its own name all real property it acquires. The Land Bank may only acquire real property located in the City of Hazleton.
B. 
Acquiring occupied homes. When the Land Bank acquires residential properties occupied by the owners at the time of acquisition, it will be the policy of the Land Bank to show a preference for keeping the former owner-occupants in their homes whenever feasible.
C. 
Any individual or organization may submit recommendations to the Land Bank Board or staff for real properties that could be acquired by the Land Bank, and the purpose for which such properties could be developed.
The Land Bank will maintain and make publicly accessible on its website, and at its offices during normal business hours, the following information:
A. 
An up-to-date inventory of property owned or held by the Land Bank; and
B. 
A record of all properties conveyed by the Land Bank to other parties within the previous and current calendar year.
A. 
Subject to the prior approval of the City Administrator, the Land Bank is authorized to discharge liens and other municipal claims, charges, or fines of the City of Hazleton against the properties it acquires to the extent permitted by law.
B. 
For the duration of the time a property is held by the Land Bank, the Land Bank is authorized to abate all real estate taxes, water and sewer charges, and other municipal charges to the extent permitted by law.
A. 
The Land Bank is authorized to convey, exchange, sell, transfer, lease, grant, or mortgage interests in real property of the Land Bank in the form and by the method determined to be in the best interests of the Land Bank, except where expressly limited in this section.
B. 
The Board of Directors may delegate this disposition authority to the staff of the Land Bank, except in the following circumstances in which the Board itself must review and approve transfers of property at a public meeting:
(1) 
The proposed terms of the transaction conflict with the Land Bank's published policies or procedures; or
(2) 
When otherwise required by law.
C. 
The Land Bank will be guided by such hierarchical ranking of priorities for the use of real property conveyed by the Land Bank as the City may establish, including use for:
(1) 
Retail, commercial and industrial activities.
(2) 
Affordable housing.
(3) 
Purely public spaces and places.
(4) 
Conservation areas.
A. 
Market value will be determined by up-to-date data, and by using the valuation method that the Land Bank or its staff has determined is most appropriate given the particular conditions of the property and surrounding market.
B. 
Nominal or reduced-price disposition will be an option for any property owned by the Land Bank.
C. 
In calculating a reduced sales price, the discount will take into account the benefit provided by the proposed use, and the amount of discount needed to make the project both initially financially feasible and continually sustainable.
D. 
For housing projects serving households at a mix of income levels, the Land Bank may count the number of low- and moderate-income households served and provide proportionate discounting.
E. 
The Land Bank will make available an appeals process wherein a potential purchaser may submit evidence relevant to the value of a property.
F. 
The Land Bank will enforce any provisions agreed upon as conditions of sale between the transferee and the Land Bank through legally binding mechanisms, including but not limited to deed restrictions, covenants, and mortgages.
Policies of the Land Bank will initially be adopted and thereafter reviewed at least every other year by the Board of Directors of the Land Bank, with opportunity for public input and comment. Policies will be publicly accessible on its website, and at its offices during normal business hours.
A. 
To the extent allowed by law, the Land Bank will retain proceeds from the sale of any properties to cover or contribute to operating costs, maintenance of inventory, and to support additional strategic property acquisition.
B. 
The Land Bank may finance its operations through any other means authorized under the Act of October 24, 2012, P.L. 1239, No. 153 (68 Pa.C.S.A. § 2101 et seq.), and any amendments.
A. 
The Land Bank will obtain insurance to defend and indemnify the Land Bank and the members of the Board of Directors with respect to all claims or judgments arising out of their activities as Board Members regarding all negligence claims, and claims or judgments arising out of Land Bank activities performed on behalf of the Land Bank or the City of Hazleton. Insurance may be through coverage by the City of Hazleton.
B. 
To be eligible for defense and indemnification, a Land Bank Board member will be obligated to, at a minimum:
(1) 
Notify the Board Chairman of the Land Bank, within five days of receipt, of any claim made against the member, and deliver all written demands, complaints, and other legal documents received with respect to such claim.
(2) 
Cooperate during the investigation and defense of any claim against the City, the Land Bank, or any member of the Land Bank, including, but not limited to preparing for and attending depositions, hearings and trials, and otherwise assisting in securing and giving evidence.
If any provision, paragraph, word, section, or subsection of this chapter is invalidated by any court of competent jurisdiction, the remaining provisions, paragraphs, words, sections, or subsections will not be affected, and will remain in full force and effect. If any section, subsection, sentence, or clause of this chapter is held, for any reason, to be invalid, such decision will not affect the validity of the remaining portions of the chapter.
Any ordinance or part of an ordinance conflicting with the provisions of this chapter will be, and the same is hereby repealed, to the extent of such conflict. All relevant ordinances, regulations, and policies of the City of Hazleton not amended will remain in full force and effect.