[Adopted 8-2-2016 by Ord. No. 2016-15]
The purpose of this article is to establish a Blighted Property Review Committee of the City of Hazleton to implement the provisions of the Act[1] and to promote the reuse of blighted properties with the City. This Blighted Property Review Committee shall be known as the City of Hazleton Blighted Property Review Committee (hereinafter "Committee").
[1]
Editor's Note: See the Urban Redevelopment Law, 35 P.S. § 1701 et seq.
As used in this article, the following words or phrases shall have the meaning set forth below:
AUTHORITY or REDEVELOPMENT AUTHORITY
The Redevelopment Authority of the City of Hazleton.
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 or property maintenance 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 abandoned wells, shafts, basements, excavations, and unsafe fences or structures.
C. 
Any dwelling which, because it is dilapidated, unsanitary, unsafe, vermin infested, or lacking in the facilities and equipment required by the property maintenance or related code, has been designated by the department responsible for enforcement of the code as unfit for human habitation.
D. 
Any structure 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.
E. 
Any structure which is a fire hazard, or is otherwise dangerous to the safety of persons or property.
F. 
Any vacant or unimproved lot or parcel of ground, situated within or located in close proximity to a residential 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 abandoned property. A property shall be considered abandoned if:
(1) 
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;
(2) 
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 City are in excess of 150% of the fair market value of the property as established by the Luzerne County Tax Assessment Office; or
(3) 
The property has been declared abandoned by the owner, including an estate that is in possession of the property.
CITY COUNCIL
City Council for the City of Hazleton, County of Luzerne, Commonwealth of Pennsylvania.
CITY PLANNING COMMISSION
The Planning Commission of the City of Hazleton.
REDEVELOPMENT CONTRACT
A contract between the Redevelopment Authority and the redeveloper for the redevelopment of an area under the provisions of the Urban Redevelopment Law of 1945, as amended.[1]
RESIDENTIAL AND RELATED USE
Residential and related use shall include residential property for sale or rent and related uses, including but not limited to park and recreation areas, neighborhood community service, and neighborhood parking lots.
[1]
Editor's Note: See 35 P.S. § 1701 et seq.
A. 
The Blighted Property Review Committee shall consist of members holding two-year terms, consisting of the following:
(1) 
One member of Council, appointed by Council;
(2) 
A representative of the Redevelopment Authority, appointed by the Authority;
(3) 
A representative of the Planning Commission, appointed by the Commission;
(4) 
A representative of the executive branch of City government, appointed by the City Mayor; and
(5) 
A resident of the City of Hazleton appointed by Council.
B. 
Any vacancy on the Committee shall be filled for the unexpired term by the respective appointing agency as noted in Subsection A above.
The Committee, upon consultation with the City Planning Commission, upon making a determination that any property is blighted with the terms of this article and the Act, may 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 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.
(3) 
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.
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 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 and the Act. 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 to appeal from the determination that the property is blighted.
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/her agent has failed to comply with the order of the Committee or the court.
The service of notice of determination of blight by the Committee shall be served by the Redevelopment Authority, at a minimum, through the following methods:
A. 
Service by regular first-class mail and certified mail at the last known address of the owner of record; and
B. 
Posting of said notice upon the property that has been determined blighted, record of said posting being made by photograph.
A. 
Any owner or person who is aggrieved by the ruling of the Committee that their property has been determined blighted for the reasons set forth in this article, may appeal the decision as hereinafter stated. The appeal shall be in the form prescribed by the Committee and shall state the specific reasons for the appeal.
B. 
The appeal must be filed with the Committee, in writing, within 30 days of the date of the receipt of the determination of blight by said owner or his/her agent. Appeals shall be filed at the office of the Redevelopment Authority.
C. 
The fee for appeal shall be established by resolution of the Committee. The required fee shall be payable to the Redevelopment Authority and must accompany the appeal.
The Committee, in consultation with the Redevelopment Authority, may promulgate and implement rules and regulations, not inconsistent with this article and the Act, to fulfill the duties, obligations, and administration of the Act and this article by the Redevelopment Authority.
A. 
The Committee may advise, at its own discretion, the City and 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 City and the Redevelopment Authority in matters relating to the provision of financial, advisory, and technical rehabilitation assistance affecting reinvestment of properties acquired through the certification process of the Committee.
C. 
The Committee may advise, at its own discretion, appropriate agencies in matters relating to the disposition of publicly owned properties in the City.
D. 
The Committee 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 by the City by such agencies.
E. 
The Committee and the Redevelopment Authority may do any other acts necessary to fulfill the duties, obligations, and administration of the Act and this article.
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, as those terms are defined in the Act, but at least 30 days prior to the acquisition of any property, the Redevelopment Authority shall transmit identification of the property to the 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 City Planning Commission certify the disposition for residential or related use or commercial or industrial reuse would not be in accord with the Comprehensive Plan of City.
B. 
Property disposed of within a redevelopment area shall be disposed of under a redevelopment contract in accordance with the provisions of the Act.
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.