[HISTORY: Adopted by the Board of Commissioners of York County 4-4-2018 by Ord. No. 2018-03. Amendments noted where applicable.]
A.
There exists within the County of York, both within and outside of
certified areas, properties which have become derelict, abandoned,
or unfit for or use by reasons of age, obsolescence, prolonged vacancy,
dilapidation, deterioration, lack of maintenance and care, or general
neglect.
B.
Such properties both individually and collectively constitute a blight
and nuisance in County neighborhoods, create fire and health hazards,
and are in many cases used for immoral and criminal purposes.
C.
Such properties constitute unreasonable interferences with the reasonable
and lawful use and enjoyment of other premises in York County neighborhoods,
are harmful to the social economic wellbeing of the County of York,
depreciate property values, and generally jeopardize the health, safety,
and welfare of the public.
D.
It is the intent of the County of York to preserve and enhance residential
and commercial neighborhoods and neighborhood life and the property
uses associated therewith and to discourage destruction and displacement
of neighborhoods and neighborhood property uses associated with neighborhood
life, including, in particular, displacement of low- and moderate-income
persons.
E.
In the County of York there exists a serious shortage of affordable,
decent, safe or sanitary housing accommodations and properties for
related usages.
F.
Vacant property can be a resource for the advancement of economic
development in the County of York, including both residential and
related reuse and commercial or industrial reuse.
G.
Eminent domain is a proper public purpose which will promote public
health, safety, and welfare.
H.
It is deemed in the best interest of the citizens of the County of
York to create a vacant property review committee to certify to the
Redevelopment Authority of the County of York (hereinafter "RACY")
blighted properties so that RACY may hold, clear, manage or dispose
of property for residential and related reuse and commercial or industrial
reuse.
The purpose of these provisions is to establish a Blighted Property
Review Committee of the County of York to implement the provisions
of the Urban Redevelopment Law, 1945, May 24, P.L. 991,[1] as amended, and to promote reuse of the reinvestment properties
in the County of York.
[1]
Editor's Note: See 35 P.S. Ch. 18A.
This Blighted Property Review Committee shall be known as the
"York County Blighted Property Review Committee" (hereinafter the
"Committee").
As used in this chapter, the following terms shall have the
meanings indicated:
A property shall be considered abandoned if:
It is a vacant 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;
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 any other type of claim of the municipality are in excess of
150% of the fair market value of the property as established by the
York County Assessment Office or Board of Assessment Appeals; or
The property has been declared abandoned by the owner, including
an estate that is in possession of the property.
The Redevelopment Authority of the County of York, a public
body and a body corporate and politic created and organized in accordance
with the provisions of the Urban Redevelopment Law.[1]
Blighted property shall include:
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 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 wells, shafts, basements, excavations, and unsafe fences
or structures.
Any premises which because it is dilapidated, unsanitary, unsafe,
vermin infested, or lacking in the facilities and equipment required
by the housing code of any municipality, has been designated by the
department responsible for enforcement of the code as unfit for human
habitation.
Any premises which is a fire hazard, or is otherwise dangerous
to the safety of nearby persons or property.
Any premises 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.
Any vacant or unimproved lot or parcel of ground in a predominately
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.
Any property which is vacant, which has not been rehabilitated
within one year of the receipt of notice to rehabilitate from a municipal
code enforcement agency.
Any abandoned property.
The Board of Commissioners of the County of York.
The County of York.
The York County Planning Commission.
The local municipal planning commission.
The County of York or any city, borough or township within
the County of York.
Any area, whether improved or unimproved, which the Planning
Commission may find to be blighted because of the existence of the
conditions enumerated herein, so as to require redevelopment under
the provisions of the Urban Redevelopment Law,[2] as amended.
A contract between the Authority and a redeveloper for the
redevelopment of an area under the provisions of the Urban Redevelopment
Law,[3] as amended.
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.
A property shall be considered vacant if:
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.
A.
The oversight of the Committee shall be vested in its members, subject
only to those powers and functions reserved to the members.
B.
The Committee shall consist of eight members, as follows:
(1)
One member of the Board of Commissioners or his/her designee.
(2)
The Chairman of the Redevelopment Authority or his/her designee.
(3)
One member of the County Planning Commission, as appointed by the
Planning Commission's Chairman or his/her designee.
(4)
Five members to be appointed by the Board of Commissioners, with
the selection of the members to be made after due consideration for
providing membership on Committee from the various geographic planning
regions of the County of York.
C.
A member shall stand in a fiduciary relation to the Committee and
shall perform his or her duties as a member, in good faith, in a manner
he or she reasonably believes to be in the best interests of the Committee,
and with such care, including reasonable inquiry, skill, and diligence,
as a person of ordinary prudence would exercise under similar circumstances.
In performing his or her duties, a member shall be entitled to rely
in good faith on information, opinions, reports or statements, including
financial statements and other financial data prepared or presented
by any of the following:
(1)
One or more officers or employees of the Committee whom the members
reasonably believe to be reliable and competent in the matters presented;
or
(2)
Counsel, public accountants, or other persons as to matters which
the members reasonably believe to be within the professional or expert
competence of such person or persons.
D.
A member shall not be considered to be acting in good faith if the
member has knowledge concerning the matter in question that would
cause his or her reliance to be unwarranted.
E.
The officers of the Committee shall be a Chairperson, Vice Chairperson
and a Secretary. The officers of the Committee shall be elected by
and from the members of the Committee.
A.
The annual meeting of the members of the Committee ("annual meeting")
shall be held in the month of January of each year or at such other
time as may be determined by the members at a duly convened meeting
or by unanimous written consent, for the transaction of any such business
as may come before the members.
The Committee, the Municipal Planning Commission and the County
Planning Commission, upon making a determination that any property
is a blighted property within the terms of this chapter, 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.
B.
No property shall be certified to the Redevelopment Authority unless
the owner of the property or an agent designated by him/her for receipt
of service of notices within the County 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 chapter and the Urban Redevelopment Act.[1] The notice shall be served upon the owner or his/her agent
in accordance with the rules and regulations established by the Committee.[2] The owner or his/her agent shall have the right of appeal
from the determination that the property is blighted in accordance
with the rules and regulations established by the Committee.
C.
No 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 agent
has failed to comply with the order of the Committee or court of law.
A.
The Committee may advise at its own discretion the County and 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 Committee.
B.
The Committee may advise at its own discretion the County and the
Redevelopment Authority in matters relating to the provision of financial,
advisory, and technical rehabilitation assistance affecting reinvestment
of properties acquired through the certification process of the Committee.
C.
The Committee may advise at its own discretion other municipal agencies
in matters relating to the functions of said agencies affecting the
acquisition, disposition, and reinvestment of properties which have
been or may be acquired through certification process of the Committee.
D.
The Committee may advise at its own discretion appropriate agencies
in matters to the disposition of publicly owned properties in the
County.
E.
The Committee 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 County by such agencies.
F.
The Committee 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 the Urban Redevelopment Law,[1] as amended, and this chapter.
[1]
Editor's Note: See 35 P.S. Ch. 18A.
A.
Acquisition and disposition of blighted property under this chapter
shall not require preparation, adoption, or approval of a redevelopment
area plan or redevelopment proposal, as those terms are defined in
the Urban Redevelopment Law,[1] as amended, but at least 30 days prior to the acquisition
of any property, the Redevelopment Authority shall transmit identification
of the property to the Municipal Planning Commission and the County
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 Municipal Planning Commission and the County
Planning Commission certify the disposition for residential or related
use or commercial or industrial reuse would not be in accordance with
the Comprehensive Plan of the municipality or the County.
[1]
Editor's Note: See 35 P.S. Ch. 18A.
C.
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.
The Committee may indemnify any members, officers, employees,
or other persons acting on behalf of the Committee and to purchase
insurance policies as the Committee shall deem necessary to the extent
of such indemnification.
These bylaws shall not be modified or amended except by written
instrument duly executed on behalf of each member, which shall require
the affirmative vote of at least two of the Commissioners representing
each member.
This chapter shall supersede and repeal all ordinances, resolutions
and parts thereof inconsistent or conflicting herewith.
This chapter shall become effective upon enactment.
If any sentence, clause, section or part of this chapter is
for any reason found to be unconstitutional, illegal, or invalid,
such unconstitutionality, illegality or invalidity shall not affect
or impair the remaining provisions, sentences, clauses, section or
parts of this chapter. It is hereby declared to be the intent of the
York County Board of Commissioners that this chapter would have been
adopted and would be enforceable had such unconstitutional, illegal,
or invalid sentence, clause, section or part thereof not been included
herein.
