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.
[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:
(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;
(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.