The Harrisburg Land Bank shall not levy any type of tax or special
assessment.
The Harrisburg Land Bank shall not spend any public funds on
political activities. Subject to the foregoing, this section is not
intended to prohibit Harrisburg Land Bank from engaging in activities
authorized by applicable law.
No provision of the ordinance or this chapter is intended, nor
shall it be construed, as a waiver by the City of any governmental
immunity provided under any applicable law.
The Harrisburg Land Bank shall comply with all applicable laws
prohibiting discrimination. The Land Bank shall be committed to assure
that the public body, its Board members, its staff and those under
its direction and control shall provide services in a manner that
does not discriminate against an individual because of religion, race,
color, national origin, age, sex, sexual orientation, height, weight,
marital status, partisan considerations, disability or genetic information.
The Land Bank shall not fail or refuse to hire, recruit, promote,
demote, discharge or otherwise discriminate against an individual
with respect to employment, compensation, or a term, condition or
privilege of employment because of religion, race, color, national
origin, age, sex, sexual orientation, height, weight, marital status,
partisan considerations, disability or genetic information.
The Harrisburg Land Bank may employ or enter into a contract
for an executive director, counsel and legal staff, technical experts
and other individuals and may determine the qualifications and fix
the compensation and benefits of its employees and consultants. The
Harrisburg Land Bank may arrange for any such staff in conjunction
with the Redevelopment Authority of the City of Harrisburg or other
partnering public entities.
A.
General acquisition. The Harrisburg Land Bank is authorized to acquire
real property or interests in real property through donation, gift,
purchase, or any other legal means, including tax sale or judicial
sale or by transfer from the Tax Claim Bureau.
B.
Purchase. The Harrisburg Land Bank may acquire real property by purchase
contract, lease purchase agreements, installment sales contracts and
land contracts.
C.
Transfers. The Harrisburg Land Bank may accept transfers from the
City, the Redevelopment Authority of the City of Harrisburg, the school
district, the county and the Housing Authority of the City of Harrisburg,
other municipalities or any other public or private entity or person
upon terms and conditions agreed to by the Land Bank and the transferring
entity or person.
D.
Redevelopment Authority transfer of property. Pursuant to Section
2109(d)(3) of the Land Bank Act, the Redevelopment Authority of the
City of Harrisburg may, without a redevelopment contract, transfer
property which it acquired before the effective date of this ordinance
to the Harrisburg Land Bank. A conveyance under this subsection shall
be with fee simple title, free of all liens and encumbrances.
E.
Rights or interests. The Harrisburg Land Bank may acquire real property
or rights or interests in real property for any purpose the Land Bank
considers necessary to carry out the purposes of the Land Bank Act.
F.
Title to be held in its name. The Harrisburg Land Bank shall hold
in its own name all real property it acquires.
G.
Owner-occupant policies. When the Harrisburg Land Bank acquires residential
properties that are occupied by the owners at the time of acquisition,
it shall be the policy of the Land Bank to show a preference for keeping
the former owner-occupants in their homes, whenever feasible.
H.
Eminent domain. The Harrisburg Land Bank shall not have the power
of eminent domain.
I.
Prohibition. The Harrisburg Land Bank shall not own or hold real
property outside its jurisdictional boundaries.
The Harrisburg Land Bank is authorized to discharge liens and
other municipal claims, charges, or fines of the City of Harrisburg
and may seek to enter into an agreement for discharges from the applicable
municipal body against the properties it acquires. For the duration
of the time a property is held by the Harrisburg Land Bank, the Land
Bank is authorized to abate all real estate taxes and other municipal
charges by the City of Harrisburg and, to the extent necessary, may
seek abatement or nontaxable status from other applicable government
entities.
The Harrisburg Land Bank shall maintain and make publicly accessible
on its website, and at its offices during normal business hours, the
following:
A.
The Harrisburg Land Bank shall maintain its real property in accordance
with applicable statutes, laws and codes.
B.
There shall be a preference for locally sourcing its partnerships,
joint ventures, contracts, and other collaborative relationships with
private entities for the maintenance, management and rehabilitation
of real property of the Harrisburg Land Bank.
C.
The Harrisburg Land Bank may:
(1)
Control, hold, manage, maintain, operate, lease as lessor, secure,
prevent the waste or deterioration of, demolish, or take all other
actions necessary to preserve the value of the real property it holds
or owns.
(2)
Fix, charge, and collect rents, fees, and charges for use of
Land Bank real property or for services provided by the Harrisburg
Land Bank.
If the Harrisburg Land Bank has reason to believe that real
property held by the Land Bank may be the site of environmental contamination,
the Land Bank shall provide the Pennsylvania Department of Environmental
Protection (DEP) with any information in the possession of the Land
Bank that suggests that the real property may contain such conditions.
The Land Bank shall cooperate with the DEP with regard to any request
made or action taken by DEP.
The Harrisburg Land Bank may institute a civil action to prevent,
restrain or enjoin the waste of or unlawful removal of any real property
held by the Land Bank.
Subject to the policies and procedures of the Board, provisions
of this ordinance and this chapter or the Land Bank Act and other
applicable laws, the Land Bank may convey, exchange, sell, transfer,
lease, grant, or mortgage interests in real property of the Land Bank
to any public or private person on terms and conditions, in the form
and by the method determined to be in the best interests of the Land
Bank through any means authorized under Section 2110 of the Land Bank
Act, and under the following terms and conditions:
A.
Consistency with land use plans and planning provisions. All proposed
uses of land or buildings on real property disposed of by the Harrisburg
Land Bank shall be consistent with the provisions of the City's
Comprehensive Plan and any adopted neighborhood plans in the area
in which the real property is located. If no such adopted neighborhood
plan exists, the Land Bank shall determine that proposed uses are
consistent with the goals of the community by consulting with any
community groups in the area in which the real property is located,
the City Department of Building and Housing Development, and the Redevelopment
Authority of City of Harrisburg.
B.
Board disposition policies. The Harrisburg Land Bank real property
shall be conveyed in accordance with the Land Bank Act and according
to criteria determined by the discretion of the Board and contained
in the policies and procedures adopted by the Board. The Board may
adopt policies and procedures that set forth priorities for a transferee's
use of real property conveyed by the Land Bank. The priorities established
may be for the entire Land Bank jurisdiction or may be set according
to the needs of different neighborhoods or other locations within
the Land Bank jurisdiction, or according to the nature of the real
property.
C.
Delegation of authority. The Board may delegate disposition authority
to the staff of the Harrisburg Land Bank, except in the following
circumstances where the Land Bank is required to approve/deny the
disposition by formal action:
D.
Coordination. The Harrisburg Land Bank shall coordinate with the
Redevelopment Authority of the City of Harrisburg where a redevelopment
project involves properties acquired by RACH as well as properties
acquired and/or owned by the Harrisburg Land Bank, and shall strive
to ensure a synchronized disposition process.
E.
Consideration. The Board shall state in the Harrisburg Land Bank
policies and procedures the general terms and conditions for consideration
to be received by the Land Bank for the transfer of real property
and interests in real property. The Board shall determine the amount
and form of consideration necessary to convey, exchange, sell, transfer,
lease, grant or mortgage interests in real property. Consideration
may take the form of monetary payments and secured financial obligations,
covenants and conditions related to the present and future use of
the property, contractual commitments of the transferee and other
forms of consideration as determined by the Board to be in the best
interest of the Land Bank.
F.
Municipal disposition requirements not applicable. Requirements which
may be applicable to the disposition of real property and interests
in real property by the City shall not be applicable to the disposition
of real property and interests in real property by a Land Bank pursuant
to Section 2110(d)(2) of the Land Bank Act.
G.
Transaction. Any proceeds from the sale or transfer of real property
by the Harrisburg Land Bank shall be retained, expended, or transferred
by the Land Bank as determined by the Board in the best interests
of the Land Bank and in accordance with the Land Bank Act.
A.
Policies of the Harrisburg Land Bank shall initially be adopted and
thereafter reviewed at least every other year by the Board of Directors
of the Land Bank, with opportunity for public input and comment. Policies
shall be published on the Harrisburg Land Bank website.
B.
City residents shall have the following means of supplying input
into the Harrisburg Land Bank decisionmaking process:
(1)
Any individual or organization may submit recommendations for
Board membership to the Mayor for consideration in making appointments.
(2)
Any individual or organization may submit recommendations to
the Board or staff of the Harrisburg Land Bank for real properties
that could be acquired by the Land Bank and the purpose for which
such properties could be developed.
A.
Land Bank records. The Harrisburg Land Bank shall keep and maintain,
at the principal office of the Land Bank, all documents and records
of the Land Bank. The records of the Land Bank shall include, but
not be limited to, a copy of this ordinance along with any amendments
to the ordinance. The records and documents shall be maintained until
the termination of this ordinance and shall be delivered to any successor
entity.
B.
Financial statements and reports. The Harrisburg Land Bank shall
cause to be prepared, at the Land Bank's expense, audited financial
statements (balance sheet, statement of revenue and expense, statement
of cash flows and changes in fund balance) on an annual basis. Such
financial statements shall be prepared in accordance with generally
accepted accounting principles and accompanied by a written opinion
of an independent certified public accounting firm.
The Executive Director, or other individual designated by the
Board, shall prepare annually a budget for the Harrisburg Land Bank.
The Board shall review and approve a budget for the Land Bank immediately
preceding each fiscal year. Each budget approved and adopted by the
Board shall be balanced and subject to a mandate that funds will be
identified and duly approved before expenses may be incurred.
The Harrisburg Land Bank shall deposit and invest funds of the
Land Bank, not otherwise employed in carrying out the purposes of
the Land Bank, in accordance with an investment policy established
by the Board consistent with laws and regulations regarding investment
of public funds.
Disbursements of funds shall be in accordance with guidelines
established by the Board.
A.
Funding Land Bank operations. The Harrisburg Land Bank may receive
funding through grants and loans from the federal government, the
state, the county, the City, members of a Land Bank, and private sources.
The Land Bank may receive and retain payments for services rendered,
for rents and leasehold payments received, for consideration for disposition
of real and personal property, for proceeds of insurance coverage
for losses incurred, for income from investments and for an asset
and activity lawfully permitted to the Land Bank pursuant to the Land
Bank Act.
B.
Allocated real property taxes. The Harrisburg Land Bank may receive
funding through remittance or dedication to the Land Bank of a portion
of real property taxes collected pursuant to the laws of the state
on real property conveyed by the Land Bank pursuant to a taxing jurisdiction's
authorization as provided for in Section 2111(c) of the Land Bank
Act and pursuant to an agreement between the Land Bank and school
district pursuant to Section 2111(c)(3).
C.
City allocation of real property taxes. The City authorizes the remittance
or dedication to the Harrisburg Land Bank of 50% of the real estate
taxes collected pursuant to the laws of the state on real property
conveyed by the Land Bank. Said remittance or dedication shall commence
with the first taxable year following the date of conveyance and continue
for a period of five years pursuant to Section 2111(c)(2) of the Land
Bank Act.
D.
Budget contributions. The Harrisburg Land Bank may receive funding
through contributions to the annual Land Bank budget from the City,
the county, the school district, and members of the Land Bank.
E.
Management of funds. The Harrisburg Land Bank Executive Director,
or other individual designated by the Board, shall be designated the
fiscal agent of the Land Bank's account established for the management
of sales proceeds, monetary contributions made by the parties, and
other Land Bank funds. Standard accounting procedures shall be used
in the management of the accounts.
F.
Authorized expenditures. The Harrisburg Land Bank shall, in its sole
discretion and within its budget, expend such funds as necessary to
carry out the powers, duties, functions and responsibilities of a
land bank under the Land Bank Act consistent with this ordinance and
chapter.
The Harrisburg Land Bank may be dissolved according to the requirements
of Section 2114 of the Land Bank Act upon a finding by approved by
2/3 of the entire Board pursuant to Section 2105(h)(3) of the Land
Bank Act and approved by a majority vote of City Council that confirms
there is no longer any need for a land bank to function within the
territorial limits of the City.
A.
The Harrisburg Land Bank shall obtain insurance to defend and indemnify
the Land Bank and the members of the Board of Directors with respect
to all claims or judgments arising out of their activities as Board
members with respect to all negligence claims and claims or judgments
arising out of Land Bank activities performed on behalf of the Land
Bank or City.
B.
To be eligible for defense and indemnification, a Board member of
the Harrisburg Land Bank shall be obligated to:
(1)
Notify, within five days of receipt, the Board Chair of the
Harrisburg Land Bank, and the Executive Director of the Redevelopment
Authority of the City of Harrisburg, about any claim made against
the member and deliver all written demands, complaints and other legal
papers received with respect to such claim.
(2)
Cooperate during the investigation and defense of any claim
against the City, the Harrisburg Land Bank or any member of the Harrisburg
Land Bank, including, but not limited to, preparing for and attending
depositions, hearings and trials and otherwise assisting in securing
and giving evidence.
