[Adopted as Article 1767 of the Codified Ordinances, amended in its entirety 4-9-1996 by Ord. No. 2-1996]
A. 
It is the purpose of the City of Lancaster to preserve and enhance its residential neighborhoods and neighborhood life and the property uses associated therewith and to discourage destruction and displacement of neighborhoods and neighborhood property uses associated with neighborhood life, including, in particular, displacement of low- and moderate-income persons.
B. 
There exists within the City of Lancaster, both within and outside of certified redevelopment areas, properties which have become derelict, abandoned or unfit for human habitation or other use by reasons of age, obsolescence, prolonged vacancy, dilapidation, deterioration, lack of maintenance and care or general neglect.
C. 
Such derelict properties individually and collectively constitute a blight and nuisance in City neighborhoods, create fire and health hazards, and are used for immoral and criminal purposes.
D. 
Such derelict properties constitute unreasonable interferences with the reasonable and lawful use and enjoyment of other premises in City neighborhoods, are harmful to the social economic well-being of the City of Lancaster, depreciate property values and generally jeopardize the health, safety and welfare of the public.
E. 
In the City of Lancaster there exists a serious shortage of affordable, decent, safe or sanitary housing accommodations and properties for related usages.
F. 
Vacant property can be a resource for the advancement of economic development in the City.
G. 
Eminent domain is a proper public purpose which will promote public health, safety and welfare.
H. 
It is deemed in the best interests of the citizens of the City of Lancaster that the Lancaster Property Reinvestment Board be empowered to certify to the Redevelopment Authority of the City of Lancaster blighted properties so that the Redevelopment Authority may hold, clear, manage or dispose of property for residential and related reuses.
A. 
The purposes of these provisions are, consistent with the preservation of neighborhoods and protection of low- and moderate-income persons against displacement as stated in the legislative findings above, to establish a Blighted Property Review Committee of the City of Lancaster to implement the provisions of the State Urban Redevelopment Law of 1945, as amended by Act 94 of 1978, Act 39 of 1988 and Act 113 of 2002, and to promote reuse of and the reinvestment in properties in the City of Lancaster. This Blighted Property Review Committee shall be known and may be referred to as the "Lancaster Property Reinvestment Board," hereinafter termed the "Board."
[Amended 8-12-2003 by Ord. No. 9-2003]
B. 
In all decisions and formal actions under this article, the Board shall issue its decisions in writing addressing how the determination of the Board or Authority conforms to the legislative findings above and the statement of purpose in Subsection A of this section.
The Board shall consist of five members, as follows:
A. 
One City Council member who is appointed by the President of City Council.
B. 
The Chairman of the Redevelopment Authority of the City of Lancaster, or his/her designee.
C. 
One member of the Lancaster City Planning Commission, as appointed by the Commission's Chairman.
D. 
The Director of the Lancaster Department of Community Planning and Economic Development, or his/her designee.
[Amended 7-22-2008 by Ord. No. 11-2008; 4-9-2019 by Ord. No. 03-2019]
E. 
One member to be designated by the Mayor of the City of Lancaster.
Notwithstanding any other provision of law, the Redevelopment Authority of the City of Lancaster 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 hereinafter.
[1]
Editor's Note: Ordinance Number 11-2008, adopted 7-22-2008, added the following historical and statutory notes in relation to the 1988 amendment to the State Urban Redevelopment Law: The 1988 amendment, in Subsection (a), substituted “reuse and commercial or industrial reuse” for "use," and in subsection (b) substituted "blighted" for "vacant" and deleted clause (4), which formerly read: "No single vacant lot or parcel of ground shall be certified to the Redevelopment Authority under this section on which more than 10 dwelling units can be construction under existing zoning regulations."
[Amended 8-12-2003 by Ord. No. 9-2003; 7-22-2008 by Ord. No. 11-2008]
Blighted property shall include the following:
A. 
A 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 the municipality housing, building, plumbing, fire and related codes.
B. 
A premises which because of physical condition, use or occupancy is considered an attractive nuisance to children. This subsection includes an abandoned:
(1) 
Well;
(2) 
Shaft;
(3) 
Basement;
(4) 
Excavation; or
(5) 
Unsafe fence or structure.
C. 
A dwelling which, because it is dilapidated, unsanitary, unsafe, vermin-infested or lacking in the facilities and equipment required by statute or an applicable municipal code, has been designated by the agency responsible for enforcement of the statute or code as unfit for human habitation.
D. 
A structure which is a fire hazard or is otherwise dangerous to the safety of persons or property.
E. 
A structure from which the utilities, plumbing, heating, sewerage 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 predominantly 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 and other vermin.
G. 
An unoccupied property which has been tax delinquent for a period of two years.
H. 
A property which is vacant but not tax delinquent and which has not been rehabilitated within one year of the receipt of notice to rehabilitate from the appropriate enforcement agency.
I. 
An 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 a 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 other type of claim of the City are in excess of 150% of the fair market value of the property as established by the Lancaster County Tax Assessment Office or other body with legal authority to determine the taxable value of the property; or
(3) 
The property has been declared abandoned by the owner, including an estate that is in possession of the property.
J. 
A property which has defective or unusual conditions of title or no known owners, rendering the title unmarketable.
K. 
A property which has environmentally hazardous conditions, solid waste pollution or contamination in a building or on the land which poses a direct and immediate threat to the health, safety and welfare of the community.
L. 
A property having three or more of the following characteristics:
(1) 
Has unsafe or hazardous conditions that do not meet current use, occupancy or fire codes;
(2) 
Has unsafe external and internal accessways;
(3) 
Violates the applicable property maintenance code adopted by a municipality and is an immediate threat to public health and safety;
(4) 
Is vacant;
(5) 
Is located in a redevelopment area with a density of at least 1,000 people per square mile or a redevelopment area with more than 90% of the units of property being nonresidential or a municipality with a density of at least 2,500 people per square mile.
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 Lancaster City Planning Commission, upon making a determination that any property is blighted within the terms of this article, 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:
[Amended 8-12-2003 by Ord. No. 9-2003]
(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; 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 article. 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 Lancaster or other office or agency.
A. 
The Board may advise at its own discretion 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 Board.
B. 
The Board may advise at its own discretion the Department of Community Planning and Economic Development in matters relating to the provision of financial, advisory and technical rehabilitation assistance affecting reinvestment in properties acquired through the certification process of the Board.
[Amended 7-22-2008 by Ord. No. 11-2008; 4-9-2019 by Ord. No. 03-2019]
C. 
The Board may advise at its own discretion other municipal agencies in matters 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 Lancaster.
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 Lancaster 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[1] and this article.
[1]
Editor's Note: See 35 P.S. § 1701 et seq.
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 Lancaster 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 Lancaster City Planning Commission certifies that disposition for residential or related use or commercial or industrial reuse would not 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 article.
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.[1]
[1]
Editor's Note: Former Art. XI, Lancaster Utility Advisory Committee, adopted 12-8-1998 by Ord. No. 12-1998, as amended, which consisted of §§ 22-45 through 22-50, was repealed 5-14-2002 by Ord. No. 5-2002. This ordinance also provided that the responsibilities formerly undertaken by the LUAC shall hereafter be undertaken by City management and staff as assigned by the Mayor.