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                                                      PRINTER'S NO. 2028



No. 1396 Session of 2008

           COSTA, MAY 7, 2008


                                     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
    16     security therefor; restricting the interest of members and
    17     employes of authorities; providing for notice and hearing;
    18     supplying certain mandatory provisions to be inserted in
    19     contracts with redevelopers; prescribing the remedies of
    20     obligees of redevelopment authorities; conferring certain
    21     duties upon local planning commissions, the governing bodies
    22     of cities and counties, and on certain State officers, boards
    23     and departments," further providing for definitions, for
    24     powers of an authority and for blighted property removal.

    25     The General Assembly of the Commonwealth of Pennsylvania
    26  hereby enacts as follows:
    27     Section 1.  Section 3(e) and (m) of the act of May 24, 1945
    28  (P.L.991, No.385), known as the Urban Redevelopment Law, amended

     1  June 26, 1968 (P.L.263, No.125), are amended to read:
     2     Section 3.  Definitions.--The following terms where used in
     3  this act, shall have the following meanings, except where the
     4  context clearly indicates a different meaning.
     5     * * *
     6     (e)  "Field of Operation."--The area within the territorial
     7  boundaries of the city or county for which a particular
     8  Authority is created: Provided, however, That the field of
     9  operation of any county authority shall not include a city
    10  having a redevelopment authority but may include, with the
    11  consent of any such city, parcels of land within the city limits
    12  which are necessary to the corporate purposes of the county
    13  authority or necessary to its successful redevelopment of a
    14  redevelopment area: And, provided further, That the field of
    15  operation of any authority may include parcels of land outside
    16  the territorial boundaries of the city or county, as the case
    17  may be, which are necessary to the corporate purposes of the
    18  authority [or], necessary to the successful redevelopment of a
    19  redevelopment area, or the holding, clearing, managing or
    20  disposing of blighted property in accordance with section 12.1,
    21  with the consent of the governing body of the city or county and
    22  the municipality in which the said parcels are situated, as the
    23  case may be: Provided, however, That, except for the holding,
    24  clearing, managing or disposing of blighted property in
    25  accordance with section 12.1, the field of operation of any
    26  Authority shall not include parcels of land outside the
    27  territorial boundaries of a county unless acquisition thereof
    28  has been approved by a majority of the electors voting in a
    29  primary or general election in the municipality in which said
    30  parcels are situated.
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     1     * * *
     2     (m)  "Redevelopment."--Undertakings and activities for the
     3  elimination of blighted areas. Such undertakings and activities
     4  may include the planning, replanning, acquisition,
     5  rehabilitation, conservation, renewal, improvement, clearance,
     6  sale, lease or other disposition of real property, buildings or
     7  other improvements in blighted areas, or portions thereof[,];
     8  the relocation of businesses and families affected thereby into
     9  or outside of a redevelopment area[, or]; any combination of
    10  [such] the foregoing undertakings and activities[,]; the
    11  installation, construction or reconstruction of streets,
    12  utilities, parks, playgrounds and other improvements necessary
    13  for carrying out in the blighted area the objectives of this act
    14  in accordance with the redevelopment area plan, and carrying out
    15  plans for a program of voluntary repair, rehabilitation, and
    16  conservation of real property, buildings or other improvements
    17  in accordance with the redevelopment area plan; and the holding,
    18  clearing, managing or disposing of blighted properties in
    19  accordance with section 12.1.
    20     * * *
    21     Section 2.  Section 9 of the act is amended by adding a
    22  subsection to read:
    23     Section 9.  Powers of an Authority.--An Authority shall
    24  constitute a public body, corporate and politic, exercising
    25  public powers of the Commonwealth as an agency thereof, which
    26  powers shall include all powers necessary or appropriate to
    27  carry out and effectuate the purposes and provisions of this
    28  act, including the following powers in addition to those herein
    29  otherwise granted:
    30     * * *
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     1     (cc)  To contract to provide redevelopment services to a
     2  municipality that is located in a county that is contiguous to a
     3  county for which a particular authority has been created;
     4  Provided, however, That the municipality is within a county
     5  authority's field of operations.
     6     Section 3.  Section 12.1(b), (e) and (f) of the act, amended
     7  October 2, 2002 (P.L.796, No.113), are amended to read:
     8     Section 12.1.  Blighted Property Removal.--
     9     * * *
    10     (b)  Such power on the part of any Redevelopment Authority
    11  shall be conditioned upon the creation or existence of a
    12  blighted property review committee by ordinance of the governing
    13  body of the [municipality] city or county within which the
    14  property is located. The committee shall be made up of members
    15  as determined in the said ordinance, but shall include at least
    16  one member of the governing body, a representative of the
    17  Redevelopment Authority, a representative of the appropriate
    18  planning commission, and a representative to be designated by
    19  the chief executive officer or officers from the executive
    20  branch of the government of the [municipality] city or county.
    21     * * *
    22     (e)  The blighted property review committee and the
    23  appropriate planning commission, upon making a determination
    24  that any property is blighted within the terms of this section,
    25  must certify said blighted property to the Redevelopment
    26  Authority, except that:
    27     (1)  No property shall be certified to the Redevelopment
    28  Authority unless it is vacant or nonowner occupied.
    29     (1.1)  A property shall be considered vacant if:
    30     (i)  the property is unoccupied or its occupancy has not been
    20080S1396B2028                  - 4 -     

     1  authorized by the owner of the property;
     2     (ii)  in the case of an unimproved lot or parcel of ground, a
     3  lien for the cost of demolition of any structure located on the
     4  property remains unpaid for a period of six months; or
     5     (iii)  in the case of an unimproved lot or parcel of ground,
     6  the property has remained in violation of any provision of local
     7  building, property maintenance or related codes applicable to
     8  such lots or parcels, including licensing requirements, for a
     9  period of six months.
    10     (1.2)  A property shall be considered nonowner occupied if no
    11  portion of it is occupied by an owner of the property.
    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] and the nonowner occupants, if any, have been
    16  served with notice of the determination that the property is
    17  blighted, together with an appropriate order to the owner or his
    18  agent to eliminate the conditions causing the blight and
    19  notification that failure to do so may render the property
    20  subject to condemnation under this act. The notice shall be
    21  served upon the owner or his agent and upon the nonowner
    22  occupants, if any, in accord with the provisions of a local
    23  ordinance pertaining to service of notice of determination of a
    24  public nuisance. The owner or his agent shall have the right of
    25  appeal from the determination in the same manner as an appeal
    26  from the determination of public nuisance.
    27     (3)  No blighted property shall be certified to the
    28  Redevelopment Authority until the time period for appeal has
    29  expired and no appeal has been taken, or, if taken, the appeal
    30  has been disposed of, and the owner or his agent has failed to
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     1  comply with the order of the responsible department or other
     2  officer or agency.
     3     (f)  Acquisition and disposition of blighted property under
     4  this section shall not require preparation, adoption or approval
     5  of a redevelopment area plan or redevelopment proposal as set
     6  forth in section 10, but at least thirty days prior to
     7  acquisition of any property under this section, the
     8  Redevelopment Authority shall transmit identification of the
     9  property to the planning commission of the municipality within
    10  which the property is located and shall request a recommendation
    11  as to the appropriate reuse of the property. The Redevelopment
    12  Authority shall not acquire the property where the planning
    13  commission certifies that disposition for residential or related
    14  use or commercial or industrial reuse would not be in accord
    15  with the comprehensive plan of the municipality.
    16     * * *
    17     Section 4.  This act shall take effect in 60 days.

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