[Adopted 2-9-2021 by Ord. No. 1231[1]]
[1]
Editor's Note: This ordinance also repealed former Art. VII,
Property Reinvestment Board, adopted 5-21-2008 by Ord. No. 5-2008.
This article shall be known as and may be cited as the "Blighted
Property Review Board Ordinance."
The purpose of these provisions is to establish a Blighted Property
Review Board of the City of Monessen to implement provisions of the
Urban Redevelopment Law of 1945,[1] as amended by Act 94 of 1978, further amended by Act 113
of 2002, promoting reuse and reinvestment in properties in the City
of Monessen.
[1]
Editor's Note: See 35 P.S. § 1701 et seq.
There is hereby established a "Blighted Property Review Board"
(hereinafter "Board").
A.Â
Duties. The Board shall be responsible for the certification to the
Monessen Redevelopment Authority of all properties deemed to be vacant
or abandoned.
B.Â
Membership.
(1)Â
The Board shall be composed of seven members, who shall serve without
compensation. The Board shall include:
(a)Â
One member of the City Council of the City of Monessen;
(b)Â
One representative of the Monessen Redevelopment Authority;
(c)Â
One representative of the Monessen Planning Commission;
(d)Â
One representative of the executive branch of City Government;
and
(e)Â
Three at-large citizen representatives of the City of Monessen.
(2)Â
Except for the member of the governing body, members shall be appointed
by the Mayor and shall be confirmed by a majority vote of Monessen
City Council. In the event mayoral appointment does not occur, Council
may appoint unfilled positions. In all cases, Council approves all
members whether by confirmation or appointment.
C.Â
Terms. The term of each member shall be for a period of four years
and until his or her successor is appointed. A member may be reappointed
upon expiration of his or her term. The position of any member of
the Board appointed in his or her capacity as a member of the governing
body, representative of the Redevelopment Authority, representative
of the Planning Commission, representative designated by the Mayor,
who ceases to be so engaged shall be automatically considered vacant.
An appointment to fill a vacancy shall be only for the unexpired portion
of the term.
D.Â
Organization of the Board. The Board shall establish its own bylaws,
establish offices, and elect officers from its own membership. For
the conduct of any meeting and the taking of any action, a quorum
shall be not less than a majority of the Board as a whole. For the
purpose of this article, the Board will be able to begin holding meetings
as soon as a majority of the members have been appointed and approved
by Council. Any action taken at any meeting shall require the affirmative
vote of a majority of the Board as a whole. No member of the Board
shall be permitted to take part in the discussion or vote on any property
in which said member has any financial interest, direct or indirect.
The Board shall keep full public records of its business and shall
submit a report of its activities to City Council at least twice per
year.
E.Â
Removal of members. Any member may be removed for misconduct or neglect
of duty or for other just cause by a majority vote of Council taken
after the member has received 15 days' advance notice of the
intent to take such vote. Failure of a member to attend three consecutive
regular meetings of the Board will constitute grounds for immediate
removal from the Board by City Council. Failure of a member to attend
at least 50% of the regular meetings of the Board in a calendar year
will constitute grounds for immediate removal from the Board by City
Council. The Chairperson of the Board shall inform the City Clerk
in writing when a member has failed to comply with this attendance
policy.
F.Â
Expenditure for services. City Council may appropriate funds for
legal, secretarial, clerk, consultant, and other technical assistance,
and for the acquisition and maintenance of blighted properties, and
any other such expenses incurred in the pursuit of achieving the aims
of this article.
For the purpose of this article, all words used in present tense
include the future tense. All words in the plural number include the
singular number and all words in the singular number include the plural
number, unless the natural construction of the word clearly indicates
otherwise. The word "shall" is mandatory and not discretionary. The
word "used" includes "designated, intended, built, or arranged to
be used."
Shall mean any of the following:
Vacant premises 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 after the
lien, if filed; or
Vacant premises or vacant or unimproved lot or parcel of ground
on which the total of liens on the property for City tax and/or any
other type of municipal claim exceeds 150% of the fair market value
of the property as established by the Westmoreland County Tax Assessment
office; or
Premises, which the owner, including an estate, in possession
of property has declared to be abandoned.
Single property. With respect to a single property, any property
that meets one or more of the following criteria:
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 housing, building,
plumbing, fire and related codes.
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.
Any dwelling which, because of its dilapidated, unsanitary,
unsafe, vermin-infested or lacking in the facilities and equipment
required by the housing or building codes of the municipality, has
been designated by the department responsible for enforcement of the
code as unfit for human habitation.
Any structure which is a fire hazard, or is otherwise dangerous
to the safety of persons or property.
Any structure from which 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.
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.
Any unoccupied property which has been tax delinquent for a
period of two years prior to the effective date of this article, and
those in the future having a two-year tax delinquency.
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 appropriate code enforcement agency.
Any abandoned property. A property shall be considered abandoned
if:
It is a vacant premises 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;
or
It is a vacant premises 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 municipality are in excess of
150% of the fair market value of the property as established by any
body with legal authority to determine the taxable value of the property;
or
It is a premises that has been declared abandoned by the owner,
including an estate that is in possession of the property.
Any property which has defective or unusual conditions of title
or no known owners, rendering title unmarketable.
Any 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.
Any vacant property which has not been rehabilitated within
one year of the record owner's receipt of notice to rehabilitate
from the appropriate City code enforcement official or board.
A property having three or more of the following characteristics:
Has unsafe or hazardous conditions that do not meet current
use, occupancy or fire codes;
Has unsafe external and internal accessways;
Is being served by an unsafe public street or right-of-way;
Violates the applicable property maintenance code adopted by
a municipality and is an immediate threat to public health and safety;
Is vacant;
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.
The Blighted Property Review Board.
The City of Monessen.
The legislative body of the City of Monessen, composed of
the Mayor and four Council members.
The property maintenance, health, housing, building, fire,
electrical, plumbing or other related codes of the City of Monessen.
The Monessen Planning Commission.
The City Council of the City of Monessen.
Any condition or usage whatsoever in or about buildings,
structures or land or the streets or private ways and places, or elsewhere,
within the City, whether public or private, which is found to be detrimental
to the public health as determined by the Board or other appropriate
City office or agency.
Any area, whether improved or unimproved, which the Planning
Commission may find to be blighted so as to require development.
A plan for the redevelopment of all or part of a redevelopment
area made by a Planning Commission.
Redevelopment Authority of the City of Monessen.
A proposal, including a copy of the redevelopment area plan
and supporting data, submitted for approval to the governing body
by an authority for the redevelopment of all or part of a redevelopment
area.
Includes residential property for sale or rental and related
uses, including but not limited to, park and recreation areas, neighborhood
community services, and neighborhood parking lots.
Any property that meets any of the following:
The property is unoccupied or its occupancy has not been authorized
by the owner of the property;
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
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.
Notwithstanding any other provision of law, the Redevelopment
Authority 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 redevelopment area and, further, shall
have the power to hold, clear, manage, lease and/or dispose of said
property for residential and related uses. This power shall be exercised
in accord with the procedures set for hereinafter.
The Blighted Property Review Board and the City Planning Commission, upon making a determination that any property is blighted as defined in § 12-25 of this article (above), must certify said blighted property to the Redevelopment Authority except that:
A.Â
No property shall be certified to the Redevelopment Authority unless
it is vacant or abandoned.
B.Â
No property shall be certified to the Redevelopment Authority unless
the owner of the property or an agent designated by him for the receipt
of service of notices has been served with notice of the determination
that the property is blighted, together with an appropriate order
to eliminate the conditions causing blight and notification that failure
to do so may render the property subject to condemnation. The notice
shall be served upon the owner or his agent.
C.Â
Procedure. Whenever the Board shall determine, after such examination,
investigation or hearing as shall suffice to inform its judgment,
that a public nuisance exists or is about to exist, it may order the
nuisance to be removed, abated, suspended, altered, or otherwise prevented
or avoided. Notice of such order, bearing the official title of the
Board and the number of days for compliance therewith and the alternative
remedy of the Board in case of noncompliance, shall be served upon
the person, if any, whom the Board deems responsible therefor or concerned
therein, and upon the owner or abutting owner of the land, premises
or other places whereon such a nuisance is or is about to be, if any.
In case no such party or parties can be discovered by the Board, the
order shall be served by posting a copy or copies thereof conspicuously
upon the premises for a period of at least 10 days.
(1)Â
Contents of notice. The notice of the Board's order shall clearly
specify:
(a)Â
The place and manner of the nuisance or anticipated nuisance
as determined by the Board.
(b)Â
The nature or condition thereof.
(c)Â
The Board's order with respect to the nuisance or anticipated
nuisance.
(d)Â
The name of the persons found by the Board to be responsible
therefor or concerned therewith and the name of the owner, if any,
of the land or premises involved; in the event the owner or contact
cannot be determined, said notice shall reflect this.
(e)Â
The date of the Board's order and the number of days therefrom
allowed for compliance with it.
(f)Â
The alternative remedy of the Board in case of noncompliance.
(g)Â
The signature of the Chair of the Board, attested by the Secretary.
(2)Â
Hearing and disposition.
(a)Â
If any person affected thereby shall apply for a hearing within
the time provided, the Board shall promptly notify all interested
parties of the time and place of the hearing.
(b)Â
The Board shall enter upon its minutes such facts and proofs
as it may receive, and its proceedings on such hearing and thereafter
may rescind, modify or reaffirm its order and require execution of
the original or of a new or modified order, as it shall determine
and direct.
The Board shall serve notice of its determination of blight
by:
A.Â
Any owner or person who is aggrieved by a Board determination that
specified property is blighted may appeal the decision in the manner
described below. The appeal shall be on a form prescribed by the City
and shall state the specific reasons for appeal.
B.Â
The appeal must be filed with the Redevelopment Authority, in writing,
within 30 days after service of the required notice. Appeals shall
be filed at the office of the City of Monessen Redevelopment Authority.
C.Â
Council may, from time to time, establish or modify by resolution
an appeal-filing fee. The required fee shall be payable to the City
of Monessen and must accompany the appeal. Until modified by Council
by any subsequent ordinance or resolution, the appeal filing fee shall
be $150.
Notwithstanding any other provision of law, the Redevelopment
Authority shall have the power to acquire by purchase, gift, bequest,
eminent domain or otherwise any blighted property as defined herein,
either within or outside a certified redevelopment area, and shall
have the power to hold, clear, manage and/or dispose of said property
for residential or related uses and commercial or industrial reuse,
as provided by law, and consistent with the procedure set forth herein.
A.Â
Acquisition and disposition of blighted property 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. The Redevelopment Authority
shall not acquire the property where the Planning Commission certifies
that disposition for residential or related use would not be in accord
with the Comprehensive Plan of the City of Monessen.
C.Â
Property disposed of outside a redevelopment area shall be disposed
of by deed in accordance with the provisions set forth in applicable
law.
D.Â
Power of eminent domain shall be exercised pursuant to a resolution
of the Redevelopment Authority and the procedures set forth in applicable
law.
A.Â
The Board, in its discretion, may advise the Redevelopment Authority
in the establishment and modification of policies, priorities and
procedures for the disposition of properties which the Redevelopment
Authority acquires through the Board's certification process.
B.Â
The Board, in its discretion, may advise the City's Department
of Community Development in matters relating to the provision of financial,
advisory and technical assistance to support affecting reinvestment
and rehabilitation of properties acquired through the Board's
certification process.
C.Â
The Board, in its discretion, may advise other appropriate agencies
in matters relating to the disposition of publicly owned properties
in the City.
Should any provisions set forth in this article be found to
conflict with any law of the United States or the Commonwealth of
Pennsylvania, such federal and/or state laws shall govern and this
article shall be construed accordingly. Such a conflict shall not
affect the validity of this article.
In the event any provision, section, sentence, clause or part
of this article shall be held to be invalid, such invalidity shall
be severable and shall not affect or impair any of the remaining provisions,
sections, sentences, clauses, or parts of this article; it being the
intent of the City of Monessen that the remainder of the article shall
be and shall remain in full force and effect.
All ordinances, including, without limitation, Ordinance 5 of
2008 (Ordinance No. 1124), Ordinance 7 of 1978 (Ordinance No. 811),
or resolutions or parts of ordinances or resolutions insofar as they
are inconsistent herewith are hereby repealed and rescinded.
This article shall come into effect 10 days after enactment.
