PRINTER'S NO. 2427
No. 1964 Session of 1977
INTRODUCED BY MESSRS. RAPPAPORT, GRAY, MANDERINO, IRVIS, JONES,
GIAMMARCO, JOHNSON, McINTYRE, LEVIN, BORSKI, MRS. SCANLON,
MESSRS. TRELLO, CIANCIULLI, FEE, DUFFY, SHUMAN, GLEESON,
WILLIAMS, MRS. KERNICK, MESSRS. OLIVER, MRKONIC, LAUGHLIN,
ZITTERMAN, WHITE, BROWN, KUKOVICH, D. R. WRIGHT, SHUPNIK,
DONATUCCI, BELOFF, PETRARCA, LOGUE, ENGLEHART, GEISLER,
GREENFIELD, COLE, O'DONNELL, PIEVSKY, BERSON, BELLOMINI,
GALLAGHER, DUMAS, McLANE, SCHWEDER, ZELLER, DeMEDIO, HOEFFEL,
GEORGE, RENWICK, MRS. WISE, MESSRS. SCHMITT, YAHNER, MORRIS,
CAPUTO, CASSIDY, TENAGLIO, B. F. O'BRIEN, A. K. HUTCHINSON,
SWEET, GARZIA, CALTAGIRONE, GATSKI, STUBAN, M. P. MULLEN,
MRS. GILLETTE, MRS. GEORGE, MESSRS. SHELTON, VALICENTI,
STEWART, BITTINGER, STAPLETON, PRENDERGAST, DOMBROWSKI,
LETTERMAN, MILANOVICH, FLAHERTY, RIEGER, RUGGIERO, MELUSKEY,
RITTER, ZWIKL, KOWALYSHYN, DeWEESE, GAMBLE, MUSTO, ITKIN,
RAVENSTAHL, M. M. MULLEN, MISCEVICH, ABRAHAM, NOVAK, BRUNNER,
RHODES, LIVENGOOD, BENNETT, TAYLOR, PRATT, DOYLE, MILLIRON,
FRYER, COWELL, BERLIN, RICHARDSON, BARBER, WIGGINS, REED,
MRS. HARPER, MESSRS. WANSACZ, DiCARLO, MRS. KELLY, MESSRS.
WARGO, McCALL, KOLTER, LINCOLN, COHEN, ARTHURS, GAMBLE AND
O'KEEFE, DECEMBER 8, 1977
REFERRED TO COMMITTEE ON URBAN AFFAIRS, DECEMBER 8, 1977
AN ACT
1 Amending the act of May 24, 1945 (P.L.991, No.385), entitled "An
2 act to promote elimination of blighted areas and supply
3 sanitary housing in areas throughout the Commonwealth; by
4 declaring acquisition, sound replanning and redevelopment of
5 such areas to be for the promotion of health, safety,
6 convenience and welfare; creating public bodies corporate and
7 politic to be known as Redevelopment Authorities; authorizing
8 them to engage in the elimination of blighted areas and to
9 plan and contract with private, corporate or governmental
10 redevelopers for their redevelopment; providing for the
11 organization of such authorities; defining and providing for
12 the exercise of their powers and duties, including the
13 acquisition of property by purchase, gift or eminent domain;
14 the leasing and selling of property, including borrowing
15 money, issuing bonds and other obligations and giving
1 security therefor; restricting the interest of members and
2 employes of authorities; providing for notice and hearing;
3 supplying certain mandatory provisions to be inserted in
4 contracts with redevelopers; prescribing the remedies of
5 obligees of redevelopment authorities; conferring certain
6 duties upon local planning commissions, the governing bodies
7 of cities and counties, and on certain State officers, boards
8 and departments," authorizing the Redevelopment Authority
9 operating within cities of the first class to acquire
10 blighted property within or outside a redevelopment area for
11 residential and related use, under certain terms and
12 conditions.
13 The General Assembly of the Commonwealth of Pennsylvania
14 hereby enacts as follows:
15 Section 1. The first paragraph of section 2, act of May 24,
16 1945 (P.L.991, No.385), known as the "Urban Redevelopment Law,"
17 is amended by adding clauses to read:
18 Section 2. Findings and Declaration of Policy.--It is hereby
19 determined and declared as a matter of legislative finding--
20 * * *
21 (e) That there exist within cities of the first class both
22 within and outside of certified redevelopment areas, properties
23 which have become derelict, abandoned or unfit for human
24 habitation or other use by reasons of age, obsolescence,
25 prolonged vacancy, dilapidation, deterioration, lack of
26 maintenance and care or general neglect.
27 (f) That in cities of the first class, such derelict
28 properties individually and collectively constitute a blight and
29 nuisance in the neighborhood; create fire and health hazards;
30 are used for immoral and criminal purposes; constitute
31 unreasonable interferences with the reasonable and lawful use
32 and enjoyment of other premises in the neighborhood; are harmful
33 to the social and economic well-being of such cities; depreciate
34 property values; and, generally jeopardize the health, safety
35 and welfare of the public.
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1 (g) That there exists within cities of the first class a
2 serious shortage of decent, safe or sanitary housing
3 accommodations and for related usages, and that the acquisition
4 of blighted properties for residential and related uses, by
5 eminent domain is a proper public purpose which will promote
6 public health, safety and welfare.
7 * * *
8 Section 2. The act is amended by adding a section to read:
9 Section 12.1. Blighted Property Removal, Cities of the First
10 Class.--
11 (a) Notwithstanding any other provision of this act, a
12 Redevelopment Authority within a city of the first class shall
13 have the power to acquire by purchase, gift, bequest, eminent
14 domain or otherwise, any blighted property as defined in this
15 section, either within or outside of a certified redevelopment
16 area and, further, shall have the power to hold, clear, manage
17 and/or dispose of said property for residential and related use.
18 This power shall be exercised in accord with the procedures set
19 forth in this section.
20 (b) Such power on the part of the Redevelopment Authority
21 within a city of the first class shall be conditioned upon the
22 creation or existence of a vacant property review committee by
23 ordinance of the governing body of the city. The committee shall
24 be made up of members as determined in the said ordinance, but
25 shall include at least one member of the governing body, a
26 representative of the Redevelopment Authority, a representative
27 of the City Planning Commission, and a representative to be
28 designated by the mayor of the city from the executive branch of
29 the government.
30 (c) Blighted property shall include:
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1 (1) Any premises which because of physical condition or use
2 is regarded as a public nuisance at common law or has been
3 declared a public nuisance in accordance with law by a city of
4 the first class with regard to the local housing, building,
5 plumbing, fire and related codes.
6 (2) Any premises which because of physical condition, use or
7 occupancy is considered an attractive nuisance to children,
8 including but not limited to abandoned wells, shafts, basements,
9 excavations, and unsafe fences or structures.
10 (3) Any dwelling which because it is dilapidated,
11 unsanitary, unsafe, vermin-infested or lacking in the facilities
12 and equipment required by the housing code of a city of the
13 first class, has been designated by the department responsible
14 for enforcement of the code as unfit for human habitation.
15 (4) Any structure which is a fire hazard, or is otherwise
16 dangerous to the safety of persons or property.
17 (5) Any structure from which the utilities, plumbing,
18 heating, sewerage or other facilities have been disconnected,
19 destroyed, removed, or rendered ineffective so that the property
20 is unfit for its intended use.
21 (6) Any vacant or unimproved lot or parcel or ground in a
22 predominantly built-up-neighborhood, which by reason of neglect
23 or lack of maintenance has become a place for accumulation of
24 trash and debris, or a haven for rodents or other vermin.
25 (7) Any unoccupied property which has been tax delinquent
26 for a period of two years prior to the effective date of this
27 act, and those in the future having a two year tax delinquency.
28 (8) Any property which is vacant but not tax delinquent,
29 which has not been rehabilitated within one year of the receipt
30 of notice from a city agency or department to rehabilitate.
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1 (d) Residential and related use shall include residential
2 property for sale or rental and related uses, including, but not
3 limited to, park and recreation areas, neighborhood service or
4 community centers, and neighborhood parking lots.
5 (e) The Vacant Property Review Committee and the City
6 Planning Commission, upon making a determination that any
7 property in a city of the first class is blighted within the
8 terms of this section, must certify said blighted property to
9 the Redevelopment Authority, except that:
10 (1) No property shall be certified to the Redevelopment
11 Authority unless it is vacant.
12 (2) No property shall be certified to the Redevelopment
13 Authority unless the owner of the property or an agent
14 designated by him for receipt of service of notices within the
15 municipality has been served with notice of the determination
16 that the property is blighted, together with an appropriate
17 order to eliminate the conditions causing the blight and
18 notification that failure to do so may render the property
19 subject to condemnation under this act. The notice shall be
20 served upon the owner or his agent in accord with the provisions
21 of a local ordinance pertaining to service of notice of
22 determination of a public nuisance. The owner or his agent shall
23 have the right of appeal from the determination in the same
24 manner as an appeal from the determination of public nuisance.
25 (3) No blighted property shall be certified to the
26 Redevelopment Authority until the time period for appeal has
27 expired and no appeal has been taken, or, if taken, the appeal
28 has been disposed of, and the owner or his agent has failed to
29 comply with the order of the responsible department or other
30 officer or agency.
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1 (4) No single vacant lot or parcel of ground shall be
2 certified to the Redevelopment Authority under this section on
3 which more than ten dwelling units can be constructed under
4 existing zoning regulations.
5 (f) Acquisition and disposition of blighted property under
6 this section shall not require preparation, adoption or approval
7 of a redevelopment area plan or redevelopment proposal as set
8 forth in section 10, but at least thirty days prior to
9 acquisition of any property under this section, the
10 Redevelopment Authority shall transmit identification of the
11 property to the planning commission of a city of the first class
12 and shall request a recommendation as to the appropriate reuse
13 of the property. The Redevelopment Authority shall not acquire
14 the property where the planning commission certifies that
15 disposition for residential or related use would not be in
16 accord with the comprehensive plan of the city of the first
17 class.
18 (g) Power of eminent domain shall be exercised pursuant to a
19 resolution of the Redevelopment Authority and the procedure set
20 forth in the act of June 22, 1964 (Sp.Sess., P.L.84, No.6),
21 known as the "Eminent Domain Code," as amended.
22 (h) Property disposed of within a redevelopment area shall
23 be disposed of under a redevelopment contract in accordance with
24 the provisions of this act.
25 Property disposed of outside an urban renewal project area
26 shall be disposed of by deed in accordance with the provisions
27 set forth in the city code.
28 Section 3. This act shall take effect in 60 days.
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