PRIOR PRINTER'S NO. 2427 PRINTER'S NO. 2735
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
AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
MARCH 14, 1978
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
1 money, issuing bonds and other obligations and giving
2 security therefor; restricting the interest of members and
3 employes of authorities; providing for notice and hearing;
4 supplying certain mandatory provisions to be inserted in
5 contracts with redevelopers; prescribing the remedies of
6 obligees of redevelopment authorities; conferring certain
7 duties upon local planning commissions, the governing bodies
8 of cities and counties, and on certain State officers, boards
9 and departments," FURTHER authorizing the ANY Redevelopment <--
10 Authority operating within cities of the first class to <--
11 acquire blighted property within or outside a redevelopment
12 area for residential and related use, under certain terms and
13 conditions.
14 The General Assembly of the Commonwealth of Pennsylvania
15 hereby enacts as follows:
16 Section 1. The first paragraph of section 2, act of May 24,
17 1945 (P.L.991, No.385), known as the "Urban Redevelopment Law,"
18 is amended by adding clauses to read:
19 Section 2. Findings and Declaration of Policy.--It is hereby
20 determined and declared as a matter of legislative finding--
21 * * *
22 (e) That there exist within cities of the first class THE <--
23 COMMONWEALTH both within and outside of certified redevelopment
24 areas, properties which have become derelict, abandoned or unfit
25 for human habitation or other use by reasons of age,
26 obsolescence, prolonged vacancy, dilapidation, deterioration,
27 lack of maintenance and care or general neglect.
28 (f) That in cities of the first class, such derelict <--
29 properties individually and collectively constitute a blight and
30 nuisance in the neighborhood; create fire and health hazards;
31 are used for immoral and criminal purposes; constitute
32 unreasonable interferences with the reasonable and lawful use
33 and enjoyment of other premises in the neighborhood; are harmful
34 to the social and economic well-being of such cities ANY <--
35 MUNICIPALITY; depreciate property values; and, generally
36 jeopardize the health, safety 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 ANY <--
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 ANY Redevelopment <--
21 Authority within a city of the first class shall be conditioned <--
22 upon the creation or existence of a vacant property review
23 committee by ordinance of the governing body of the city <--
24 MUNICIPALITY. The committee shall be made up of members as <--
25 determined in the said ordinance, but shall include at least one
26 member of the governing body, a representative of the
27 Redevelopment Authority, a representative of the City Planning <--
28 Commission APPROPRIATE PLANNING COMMISSION, and a representative <--
29 to be designated by the mayor of the city BY THE CHIEF EXECUTIVE <--
30 OFFICER OR OFFICERS from the executive branch of the government
19770H1964B2735 - 3 -
1 OF THE MUNICIPALITY. <--
2 (c) Blighted property shall include:
3 (1) Any premises which because of physical condition or use
4 is regarded as a public nuisance at common law or has been
5 declared a public nuisance in accordance with law by a city of <--
6 the first class with regard to the local housing, building,
7 plumbing, fire and related codes.
8 (2) Any premises which because of physical condition, use or
9 occupancy is considered an attractive nuisance to children,
10 including but not limited to abandoned wells, shafts, basements,
11 excavations, and unsafe fences or structures.
12 (3) Any dwelling which because it is dilapidated,
13 unsanitary, unsafe, vermin-infested or lacking in the facilities
14 and equipment required by the housing code of a city of the <--
15 first class THE MUNICIPALITY, has been designated by the <--
16 department responsible for enforcement of the code as unfit for
17 human habitation.
18 (4) Any structure which is a fire hazard, or is otherwise
19 dangerous to the safety of persons or property.
20 (5) Any structure from which the utilities, plumbing,
21 heating, sewerage or other facilities have been disconnected,
22 destroyed, removed, or rendered ineffective so that the property
23 is unfit for its intended use.
24 (6) Any vacant or unimproved lot or parcel or ground in a
25 predominantly built-up-neighborhood, which by reason of neglect
26 or lack of maintenance has become a place for accumulation of
27 trash and debris, or a haven for rodents or other vermin.
28 (7) Any unoccupied property which has been tax delinquent
29 for a period of two years prior to the effective date of this
30 act, and those in the future having a two year tax delinquency.
19770H1964B2735 - 4 -
1 (8) Any property which is vacant but not tax delinquent,
2 which has not been rehabilitated within one year of the receipt
3 of notice from a city agency or department to rehabilitate FROM <--
4 THE APPROPRIATE CODE ENFORCEMENT AGENCY.
5 (d) Residential and related use shall include residential
6 property for sale or rental and related uses, including, but not
7 limited to, park and recreation areas, neighborhood service or <--
8 community centers SERVICE, and neighborhood parking lots. <--
9 (e) The Vacant Property Review Committee and the City <--
10 Planning Commission VACANT PROPERTY REVIEW COMMITTEE AND THE <--
11 APPROPRIATE PLANNING COMMISSION, upon making a determination
12 that any property in a city of the first class is blighted <--
13 within the terms of this section, must certify said blighted
14 property to the Redevelopment Authority, except that:
15 (1) No property shall be certified to the Redevelopment
16 Authority unless it is vacant.
17 (2) No property shall be certified to the Redevelopment
18 Authority unless the owner of the property or an agent
19 designated by him for receipt of service of notices within the
20 municipality has been served with notice of the determination
21 that the property is blighted, together with an appropriate
22 order to eliminate the conditions causing the blight and
23 notification that failure to do so may render the property
24 subject to condemnation under this act. The notice shall be
25 served upon the owner or his agent in accord with the provisions
26 of a local ordinance pertaining to service of notice of
27 determination of a public nuisance. The owner or his agent shall
28 have the right of appeal from the determination in the same
29 manner as an appeal from the determination of public nuisance.
30 (3) No blighted property shall be certified to the
19770H1964B2735 - 5 -
1 Redevelopment Authority until the time period for appeal has
2 expired and no appeal has been taken, or, if taken, the appeal
3 has been disposed of, and the owner or his agent has failed to
4 comply with the order of the responsible department or other
5 officer or agency.
6 (4) No single vacant lot or parcel of ground shall be
7 certified to the Redevelopment Authority under this section on
8 which more than ten dwelling units can be constructed under
9 existing zoning regulations.
10 (f) Acquisition and disposition of blighted property under
11 this section shall not require preparation, adoption or approval
12 of a redevelopment area plan or redevelopment proposal as set
13 forth in section 10, but at least thirty days prior to
14 acquisition of any property under this section, the
15 Redevelopment Authority shall transmit identification of the
16 property to the planning commission of a city of the first class <--
17 THE MUNICIPALITY and shall request a recommendation as to the <--
18 appropriate reuse of the property. The Redevelopment Authority
19 shall not acquire the property where the planning commission
20 certifies that disposition for residential or related use would
21 not be in accord with the comprehensive plan of the city of the <--
22 first class. MUNICIPALITY. <--
23 (g) Power of eminent domain shall be exercised pursuant to a
24 resolution of the Redevelopment Authority and the procedure set
25 forth in the act of June 22, 1964 (Sp.Sess., P.L.84, No.6),
26 known as the "Eminent Domain Code," as amended.
27 (h) Property disposed of within a redevelopment area shall
28 be disposed of under a redevelopment contract in accordance with
29 the provisions of this act.
30 Property disposed of outside an urban renewal project area
19770H1964B2735 - 6 -
1 shall be disposed of by deed in accordance with the provisions
2 set forth in the city code. APPLICABLE LAW. <--
3 Section 3. This act shall take effect in 60 days.
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