[HISTORY: Adopted by the City Council of the City of Harrisburg by Ord. No. 26-1979. Amendments noted where applicable.]
Urban Redevelopment Law, Act of May 24, 1945, P.L. 991, as amended, 35 P.S. § 1701 et seq.
[Ord. No. 16-1989]
This chapter establishes a blighted property review committee, which shall be known and may be referred to as the "Harrisburg Property Reinvestment Board," hereinafter termed the "Board."
The Board shall consist of five members, as follows:
One City Council member appointed by the President of City Council;
The Executive Director of the Redevelopment Authority of the City of Harrisburg or designee;
One member of the Harrisburg City Planning Commission, as appointed by the Commission's Chairperson;
The Director of Building and Housing Development or designee; and
One member designated by the Mayor.
[Ord. No. 16-1989]
Notwithstanding any other provision of law, the Redevelopment Authority of the City 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 such property for residential, commercial, industrial, or related use. This power shall be exercised in accordance with the procedures set forth hereinafter.
As used in this chapter, unless otherwise expressly stated or clearly indicated by the context, the following terms shall have the meanings indicated:
- 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 the local Property Maintenance, Building, Electrical, Mechanical, Plumbing, Fire Prevention, Residential, Fuel Gas, Existing Building, Uniform Construction and related Codes.
- B. Any premises which, because of physical condition, use or occupancy, are considered an attractive nuisance to children, including but not limited to abandoned wells, shafts, basements, excavations, and unsafe fences or other 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 Code of the City, has been designated by the Codes Administrator as unfit for human habitation.
- D. Any structure which is a fire hazard or is otherwise dangerous to the safety of persons or property.
- E. 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.
- 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 or other vermin.
- G. Any unoccupied property which has been tax delinquent for a period of two years prior to the effective date of this chapter, and those in the future having a two-year tax delinquency.
- H. Any property which is vacant, but not tax delinquent, which has not been rehabilitated within one year of the receipt of notice to rehabilitate from the Department of Building and Housing Development.
- RESIDENTIAL AND RELATED USE
- 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.
Editor's Note: Amended at time of adoption of Code (see Ch. 1-303).
The Board and the Planning Commission, upon making a determination that any property is blighted within the terms of this chapter, must certify said blighted property to the Redevelopment Authority; provided, however, that:
No property shall be certified to the Redevelopment Authority unless it is vacant.
No property shall be certified to the Redevelopment Authority unless the owner of the property or an agent designated by the owner 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 taking under this chapter. The notice shall be served upon the owner or the owner's agent in accordance with the provisions of the Codified Ordinances pertaining to service of notice of determination of a public nuisance. The owner or owner's agent shall have the right of appeal from the determination in the same manner as an appeal from the determination of public nuisance.
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 owner's agent has failed to comply with the order of the Codes Administrator or other office or agency.
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 constructed under existing zoning regulations.
[Ord. No. 3-1983]
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.
The Board may advise, at its own discretion, the Department of Building and Housing 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.
The Board may advise, at its own discretion, other City 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.
The Board may advise, at its own discretion, appropriate agencies in matters relating to the disposition of publicly owned properties in the City.
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 by such agencies.
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 of June 23, 1978, P.L. 556, No. 94, as amended, 35 P.S. §§ 1702 and 1712.1, and this chapter.
Acquisition and disposition of blighted property under this chapter 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 Planning Commission and shall request a recommendation as to the appropriate reuse of the property.
[Ord. No. 16-1989]
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.