[HISTORY: Adopted by the City Council of the City of Lancaster 6-22-2004 by Ord. No. 10-2004. Amendments noted where applicable.]
For purposes of this Chapter 232, the following words shall have the meanings set forth hereafter:
- The City of Lancaster, a third class city organized under the Optional Third Class City Charter Law, Mayor-Council Plan A. "City" shall not include the Redevelopment Authority of the City of Lancaster, the Lancaster City Housing Authority, the Lancaster City Parking Authority or any other authority created by the City of Lancaster.
- ELIGIBLE BUYER
- A person, corporation, partnership, limited partnership, limited liability company, or other business entity which has no outstanding uncorrected notices of violation issued by the City at the time of the sale, nor has it had its City rental license or other City license revoked within the year prior to the sale, nor does any owner, officer, partner, shareholder or principal of the entity own property within the City which is the subject of an outstanding uncorrected notice of violation at the time of sale, had his or her rental license or other City license revoked within the year prior to the sale. The term "shareholder" shall not include any individual with an interest of 5% or less of the total equity issued by such business entity.
- PUBLIC NOTICE
- Advertisement of the property available for sale including the time, date, and place at which bids or proposals will be accepted or an auction will be conducted, published a minimum of two consecutive weeks in a newspaper of general circulation within the City of Lancaster, provided that such advertisement shall not be published more than 60 days prior to the proposed date for the acceptance of bids or proposals or the proposed date for the auction or less than seven days prior to the proposed date for the acceptance of bids or proposals or the proposed date for the auction.
- REAL PROPERTY
- Any interest in real estate.
This chapter shall apply to the sale of all real property owned by the City except the following:
Real property which is owned by the City, but subject to another federal or state program, law, regulation or program. For example, HUD homes for $1 and Teacher and Officer Next Door programs.
The sale of real property to other municipal corporations, municipal authorities or nonprofit organizations. Notwithstanding the foregoing, prior to the sale of real property to any such entity the City shall adopt a resolution authorizing the sale and setting forth the terms of the proposed sale. The City shall publish in a paper of general circulation notice of the date and location of the public meeting at which the resolution will be considered by City Council once at least seven days prior to the date of its adoption. In the instance that real property is being transferred or sold to a municipal or redevelopment authority for purposes of resale, the resolution shall include a provision requiring the authority to advertise at least 30 days prior to acting upon a request for proposals indicating that the authority is looking to redevelop and/or sell the property and that interested persons or entities should submit written proposals to the authority containing the proposed use, offering price and other information requested in the request for proposals. After receipt of any such proposals, the authority may accept any of the proposals, in its sole discretion, which the authority deems to be in the best interest of the City, regardless of the purchase price. Should no proposals be received, or be deemed acceptable, the authority may sell or redevelop the property as it deems appropriate. City-owned properties in the Keystone Opportunity Zone are exempt from the request for proposal requirement. All such sales shall be subject to applicable conditions required by Pennsylvania law, such as but not limited to rights of reversion to the City of Lancaster.
[Amended 2-28-2017 by Ord. No. 02-2017]
[Amended 2-28-2017 by Ord. No. 02-2017]
If Council has exposed a piece of real property to public bidding, public proposals, or public auction and received no bids or proposals and still desires to sell the real property, it shall proceed to dispose of the real property in accordance with the terms of 73 P.S. § 1641(b), as amended, (including but not limited to the re-advertisement of the real property for sale).
Council may waive the provisions of this chapter by resolution upon its finding that compliance with the requirements of this chapter would not be in the best interest of the City, provided that such resolution is approved by five of the seven members of City Council and approved by the Mayor.