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HomeMy WebLinkAboutCumberland Ord 12.22.98/1.13.9Sf5.5.99 ORDINANCE 99- I AN ORDINANCE OF THE COUNTY OF CUMBERLAND CREATING A VACANT PROPERTY REVIEW COMMITTEE OF THE COUNTY OF CUMBERLAND. TO BE KNOWN AS THE "CUMBERLAND COUNTY VACANT PROPERTY REINVESTMENT BOARD," AND ALLOWING FOR THE ACQUISITION AND DISPOSITION OF REAL PROPERTY UNDER CERTAIN CONDITIONS. BE IT ORDAINED BY THE COUNTY OF CUMBERLAND, as follows: SECTION 1. LEGISLATIVE FINDINGS. A. There exists within the County of Cumberland. both within and outside of certified redevelopment areas, properties which have become derelict, abandoned, or unfit for human habitation or other use by reasons of age, obsolescence. prolonged vacancy, dilapidation, deterioration, lack of maintenance and care or general neglect (hereinafter "Oerelict Properties.). B. Such Derelict 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 Derelict Properties constitute unreasonable interferences with the reasonable and lawful use and enjoyment of other premises in County neighborhoods, are harmful to the social economic wellbeing of the County of Cumberland, depreciate property values, and generally jeopardize the health, safety, and welfare of the public. D. It is the purpose of the County of Cumberland to preserve and enhance residential 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 Cumberland 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, 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 Cumberland that a Vacant Property Review Committee be created and empowered to certify to the Redevelopment Authority of the County of Cumberland (hereinafter "Redevelopment 2'd XI:L::l .L3L~3Sl:l1 dH 11:21010261..Jdl:l Authority") blighted properties so that the Redevelopment Authority may hold, clear, manage or dispose of property for residential and related reuse and commercial or industrial reuse. SECTION 2.. PURPQSE. The purposes of these provisions are to establish a Vacant Property Review Committee of the County of Cumberland to implement the provisions of the Urban Redevelopment Law, 1945, May 24, P.L. 991, as amended by Act 94 of 1978, Act 39 of 1988, and Act 58 of 1996, and to promote reuse of the reinvestment properties in the County of Cumberland. This Vacant Property Review Committee shall be known as the "Cumberland County Vacant Property Reinvestment Board" (hereinafter the "Board"" SECTION 3. DEFINITIONS. A. "Authority" or "Redevelopment Authority." The Redevelopment Authority of the County of Cumberland, a public body and a body corporate and politiC created and organized in accordance with the provisions of the Urban Redevelopment Law. B. "Blighted Property." Blighted property shall include: 1 . 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. 2. Any premises which because of physical condition, use or occupancy is considered an attractive nuisance to children, including but not limited to. abandoned wells, shafts, basements. excavations, and unsafe fences or structu res. 3. Any dwelling which because it is dilapidated, unsanitary, unsafe, vermin invested, 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. 4. Any structure which is a fire hazard, or is otherwise dangerous to the safety of persons or property. 5. Any structure 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. 6. 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. E'd XI:J.:I L3r~3SI:J"l dH 11:cn 0102 01 Jdl:J 7. Any property which is vacant, which has not been rehabilitated within one year of the receipt of notice to rehabilitate tram a municipal code enforcement agency. C. "Board of Commissioners." The Board of Commissioners of the County of Cumberland. D. "County." The County of Cumberland. E. "Municipal/Municipality." TheCounty of Cumberland or any city, borough or township within the County of Cumberland. F. nMunicipal Planning Commission." The local municipal planning commission. G. "County Planning Commission," The Cumberland County Planning Commission. H. "Redevelopment Area." 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 / as amended. I. "Redevelopment Contract." A contract between the Authority and the redeveloper for the redevelopment of an area under the provisions of the Urban Redevelopment Law, as amended. J. "Residential and Related Use." 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. SECTION 4. COMPOSITION OF BOARD. The Board shall consist of seven (7) members, as foil OW5: A. One (1) member of the Board of Commissioners. 8. The Chairman of the Redevelopment Authority or his/her designee. C. One (11 member of the County Planning Commission, as appointed by the County Planning Commission's chairman. D. Four (4) 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 the Board from the various geographic regions of the County of Cumberland. SECTION 5. CERTIFICATION. The Board, the Municipal Planning Commission, and the County i>'d Xl:l~ -13r~3Sl:ll dH 11:21010261.Jdl:l Planning Commission, upon making a determination that any property is blighted within the terms of this Ordinance, 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 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 Ordinance. The notice shall be served upon the owner or his agent in accord with rules and regulations established by the Board. The owner or his agent shall have the right of appeal from the determination that the property is blighted. C. No blighted property shall be certified to the Redevelopment Authority until the time period for appeal, as provided in the Board's rules and regulations, has expired and no appeal has been taken, or, if taken, the appeal has been disposed of and the owner or his agent has failed to comply with the order of the Board or the Court. SECTION 6. OTHER FUNCTIONS OF THE BOARD, A. The Board 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 Board. B. The Board may advise at its own discretion the County and the Redevelopment Authority in mat1ers relating to the provision of financial, advisory, and technical rehabilitation assistance affecting reinvestment of properties acquired through the certification process of the Board. C, The Board 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 the certification process of the Board. D. The Board may advise at its own discretion appropriate agencies in matters relating to the disposition of publicly owned properties in the County of Cumberland. E. The Board 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 of Cumberland by such agencies. S'd Xl::l.::l 1-3r~3SI::lI dH IP21 0102 61 .Jdl::l F. The Board 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, as amended, and this Ordinance. SECTION 7. REUSE OF ACQUIRED PROPERTY. A. Acquisition and disposition of blighted property under this Ordinance 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. as amended, but at least thirty l30t 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 accord with the Comprehensive Plan of the Municipality or the County. B. Property disposed of within a Redevelopment Area should be disposed of under a Redevelopment Contract in accordance with the provisions of the Urban Redevelopment Law, as amended. 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. SECTION 8, All ordinances or parts of ordinances inconsistent herewith are hereby repealed. ~ J t/JecJ- Chief Clerk SECTION 9. This Ordinance shall be effective upon enactment. ENACTED AND ORDAINED this ;?Vd..dav of ?rltU.-r / 1999. ATTEST BOARD OF COMMISSIONERS OF CUMBERLAND COUNTY BY~f:-;~ c:? ~ 8YC~~ . Earl R. Keller . "'-- BY~~ ~ ~ Marcia L. Myers S'd Xt:l.::l .L3[,~3St:l-' dH 11:210102 61 ...Jdl:J Rulu&Regs 12.1.98(12.22. 98f12.28.9BI1.13.99/4.2B.99/1.13.00/l. 14.00f7 .14.00/l0.19.00 RULES AND REGULATIONS TO GOVERN PROCEDURES OF THE CUMBERLAND COUNTY VACANT PROPERTY REINVESTMENT BOARD I. NAME Cumberland County Vacant Property Reinvestment Soard (hereinafter the "Soard'). II. AUTHORIZATION The authorization for the establishment of the Board is provided for in the. Urban Redevelopment Law, 1945, May 24, P.l. 991, as amended by Act 94 of 1978, Act 39 of 1988, and Act 58 of 1996. Pursuant to the Urban Redevelopment Law, the Board of Commissioners of the County of Cumberland enacted Ordinance 99-_', which established the Board and which further authorized the Board to adopt rules and regulations. III. BOARD MEMBERS Section 1: The Board shall consist of seven (7) members, as follows: A. One (1) member of the Board of Commissioners. B. The Chairman of the Redevelopment Authority of the County of Cumberland (hereinafter the "Redevelopment Authority" I or his/her designee. C. One (,) member of the Cumberland County Planning Commission (hereinafter the .County Planning Commission") as appointed by the County Planning Commission's Chairman. D. Four (41 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 the Board from the various geographic regions of the County of Cumberlando Section 2: Members shall serve for a term of three (3) years dating from January 1 of the year of their appointment and shall continue their membership until December 31 or until their successors have been selected and qualified. Provided, however, that the initial Members as identified in Section' .A.B. and C., shall serve for a term of one (1) year and Members appointed by the Board of Commissioners in Section 1. D. shall serve as follows: two (2) years for two members, so appointed, and three (3) years for two members, so appointed. Lod Xtl.::l 13f'~3Stl~ dH 21 :cn 0102 BY ..Jdtl Section 1 : Section 2: Section 3: Section 4: Section 5: Section 1: Section 2: Section 3: Section 4: Section 5: S'd IV. DESIGNATION OF OFFICERS Chairperson - The Chairperson or in the absence of the Chairperson, the Vice Chairperson, shall preside at all meetings of Board and shall perform such other duties as may from time to time be requested by the Board. Vice Chairperson - The Vice Chairperson shall preside at meetings of tl1e Board in the Chairperson's absence and shall perform such other duties as may from time to time be requested by the Board. Secretary - The Secretary of the Board shall prepare the agenda of regular and special meetings, provide written notice of all meetings to Board members, arrange for proper and legal notice of hearings, attend to correspondence of the Board and perform such duties as are normally carried out by the Secretary. The officers shall serve for a term of one (1) year and be members of the Board. They shall be elected by the members annually at the first regular meeting of the Board in each calendar year. Vacancies in office shall be filled immediately. V. MEETIN GS Regular meetings shall be held bi- monthly at a time and place designated by the Chairperson. A quorum for Board meetings shall consist of four (4) members. Binding action shall require the vote of a majority of Board members present. Special meetings may be called by the Chairperson or on request of a majority of the Board, provided they are called according to the Sunshine Law and that at least three (3) days written notification of the scheduling of the meeting is provided to all Board members. All meetings shall be open to the general public; however, the Board may meet in closed. session for discussion purposes pursuant to the Sunshine Law. Any meeting may be held by telephone conference call by means of which all persons participating in the meeting can hear each other. Unless otherwise specified by a majority vote of a quorum of Board members, Roberts Rules of Order shall govern the proceedings at the meetings of the Board. XI::!::I .l3r~3SI:lI dH 21 :21 0102 61 ..Jdl:l Section 1: Section 2: Section 1: Section 2: Section 3: Section 1: S'd VI. ORDER OF BUSINESS The order of business for meetings shall be as follows: A. Call to order B. Approval of Minutes of previous meeting C. Hearings D. Conespondence E. Old Business F. New Business G. Public Comment Period Removal of any agenda items shall require the vote of the majority of Board members present. VII. BUSINESS PROCEDURES An offici,al agenda of regular Board meetings shall be prepared and mailed to Board members at least one (1) week prior to the meeting date. Property reports of properties to be considered by the Board shall accompany the agenda. All business received after the one (1l week cut off shall be considered as other business. Special meeting called by the Board shall cover only the items which have been scheduled in advance for the specific meeting. VIII. OPERATING PROCEDURES list of Potentially-Eligible Properties - At the direction of the Board, a list of properties that are potentially-eligible for certification as blighted will be prepared by the Redevelopment Authority. The Redevelopment Authority may obtain input from any city, boroughs, or township (hereinafter . Local Municipality") within Cumberland County as to which properties may be potentially-eligible for certification as blighted. The Planning Commission for a Local Municipality (hereinafter "Municipal Planning Commission") shall be provided with information identifying a potentially-eligible property within its Local Municipality that is placed on the list of properties, as aforesaid, The Municipal Planning Commission may provide written comments to the Board concerning the potentially-eligible property, which the Municipal Planning X~.::l 1.3r~3S~1 dH 21 :cn DID2 Sl ,Jd~ Section 2: Section 3: Section 4: 01 . d Commission feels would be relevant for the Board to consider in determining whether the property is blighted. The list shall contain the property's address, owners' names, date of last-known occupancy, and an indication of its current status, Le. vacant, boarded or placarded as unfit for human habitation under any housing code. The list shall also contain information as to the status of any proceedings pertaining to housing code violations for the property and any prior or current rehabilitation of the property. The properties are listed in order of priority for Board action based upon the Redevelopment Authority's view of the degree of blighting influence on the neighborhood in which they are located. The Board selects the properties that it wishes to address. Property Owner Notification Letter - A letter is sent via both regular and certified mail to the owner or its designated agent for service of notices within the county. The letter explains what action needs to be taken by the property owner to eliminate any blight and provides for a reasonable time period for any action to be taken. The letter does not constitute official action by the Board but is only a notice of the fact that the Board may deem the property to be a Blighted Property, as that term is defined in Ordinance 99-1. Property Fact Sheet - In the event that the property owner fails to follow the instructions outlined in the Property Notification Letter, the Property Fact Sheet. which is based on the criteria of blight as defined in OrdInance 99-1, is completed by the Redevelopment Authority based on specifics concerning any evidence of blight, including, but not limited to, any reports and evidence of municipal code violations. First Official Notice - A. The Fact Sheet is evaluated and, if the subject property is declared blighted, a Blight Determination Resolution (hereinafter the "BDR") is to be adopted by the Board. B. The Board/s Secretary shall then provide notice of the adoption of the BDR, as follows: Ii) Mail to the property owner or an agent designated by him for receipt of service of notices within Cumberland County via certified mail, return receipt requested, a copy of the BDR Un the event the mail is returned with notation by the postal authorities that the owner or his agent refused to accept the mail, the Secretary shall have the right of service of the BDR by mailing a copy to the owner or his agent at the same address by ordinary mail with the return address of the Board appearing thereon. Service by ordinary mail is complete if the mail is not returned to the Board within fifteen (15) days after mailing. In the event the mail is returned with the notation by the postal authorities that it was unclaimed, the BDR shall be personally served Xl::I.::I 13r~3Sl::l1 dH 21:210102 61 ~dl::l upon the owner or his agent). In the event that personal service upon the owner or his agent is not able to be made after three (31 such attempts, then the Secretary shall mail the BDA to the owner or his agent at the same address by ordinary mail with the return address of the Board appearing thereon with service by ordinary mail being deemed complete if the mail is not returned to the Board within fifteen (15) days after mailing, (ii) post the property with a copy of the BDR. and (iii) publically advertise the adoption of the BDA. C. In the BDA, the property owner's rights are explained to them. The BDR shall specifically advise the owner of the steps that are to be taken to remedy the blighted condition of the property and of the fact that the failure of the owner to remedy the blighted condition may cause the property to be subject to condemnation. The property owner shall further be advised that it may request a hearing before the Board to seek a review of the determination. Said request for a hearing shall be made in writing to be received by the Board no more than thirty (30) days from the date of the property owner's receipt of the BDR. A request for a hearing shall be accompanied by a check in the amount of $_350.00, made payable to the County of Cumberland. D. In the event the owner of said property decides to comply and remedy the blighted conditions of the property, he must provide to the Board, within thirty (30) days of the property owner's receipt of the BDR, a rehabilitation plan in significant detail to show how the blighted conditions will be removed along with the estimated cost of rehabilitation. The removal of the blighting influences must occur within a six (6) month period from the date of the Board's acceptance of the plan. A deposit of ten per cent (10%) of the estimated rehabilitation cost or $1,000, whichever is less, is required to be posted with the Board along with the rehabilitation plan before the plan will be accepted. If the Board accepts the rehabilitation plan, it will take no further action against the subject property, provided the owner diligently carries out the rehabilitation plan. Prior to acceptance of the rehabilitation plan, the Board shall be satisfied that: (1) the rehabilitation plan will remedy the blighted conditions identified in the BDR, (2) the rehabilitation plan will remedy the existing municipal housing and other applicable code violations, for which prior notice of violation thereof has been provided to the property owner by the municipality, and {31 a building permit can be issued by the municipality for the work contemplated to the property owner. Upon completion of the rehabilitation plan the deposit shall be refunded to the property owner. If the rehabilitation plan is not completed then the deposit shall be forfeited and the property is returned to the Board where the steps for a Second Resolution, as provided for 1 1 . d XI::I.::l L3[,~3SI::l-' dH 21:210102 61 ~dl::l Section 5: Section 6: Sectlo n 7: 2 I . d in Section 10, will be followed. Hearing Before the Board - A. Upon receipt of a written request for a hearing from a property owner, the Board shall provide written acknowledgment to the property owner of the request for a hearing and of the scheduling of the hearing. The hearing shall be scheduled at a regular meeting of the Board. Notice of the time and place of the hearing shall be given not more than fourteen (141 and not less than seven (7) days in advance of any hearing. Such notice shall be published for two consecutive days in a newspaper of general circulation in Cumberland County. B. The Chairman shall select a Hearing Panel to be comprised of three 13) members of the Board, not to include however the Redevelopment Authority or County Planning Commission representative, and shall select a chairperson for the Hearing Panel. C. At the hearing before the Hearing Panel the Redevelopment Authority shall present the evidence of blight and shall be subject to cross examination by the property owner or his representative. The property owner shall be afforded an opportunity to present evidence in defense of the determination that blight exists and shall be subject to cross examination by the Redevelopment Authority. D. The Board shall keep a record of the Proceedings of any hearing, either stenographically or by sound recording. A transcript of the proceeding and copies of graphic or written material received during any hearing shall be made available to any person at their cost. E. At the conclusion ot the hearing, the Hearing Panel shall render a decision as to whether the property is deemed a Blighted Property, as that term is defined in Ordinance 99-1. The decision of the Hearing Panel shall be deemed a final decision of the Board. Any appeals from the decision of the Board may be to the Court of Common Pleas and made pursuant to provisions of the Local Agency Law, 1978, April 28, P.L. 202 No. 53, as amended. Public Notice - Public notice of the BDR shall be deemed satisfied if the SDR is published in a newspaper of general circulation in Cumberland County. Notarized proof of publications shall be retained by the Board Secretary. Certification of Service - Posting - A certificate of service - posting is completed XI::l.:l 13(,~:3SI::lI dH E1 :;:n 0102 61 ...Jdl::l ~" E 1 . d when the property is posted. The property is to be posted by the Redevelopment Authority and is to be done in a manner so as to keep the posting in place for a period of ten (10) days, and can only be removed by tearing it off. This posting is to be witnessed and notarized and a certificate is to be filed with the Board Secretary. Section 8: Certificate of Service - Personal Delivery - A certificate of service - Personal Delivery is completed when the BDR is hand delivered to the owner of said property or his authorized agent. This hand delivery is to be witnessed and notarized and retained by the Board Secretary. Section 9: Rehabilitation Agreement - This Agreement is provided to the owner by the Board upon acceptance by the Board of owner's rehabilitation plan. All conditions of blight must be addressed and timed elements stated for each violation. This document is signed by a Board member, the owner of said property / and notarized. Section 10: Request to County Planning Commission and Municipal Planning Commission - At such time as: (i) the property owner has failed to timely request a hearing before the Board, or (ii) the property owner has exhausted all appeals, and no Rehabilitation Agreement has been entered into with the Board, then the Board shall adopt a "Second Resolution" stating the property owner has been served with a notice of blight, been notified of his/her right to appeal the determination, has failed to correct the violations cited, and has not made satisfactory arrangements to the Board to begin addressing the violations. Prior to adoption of the Second Resolution, the Redevelopment Authority shall conduct a reinspection of the property indicating that the violations cited have not been eliminated. Upon adoption of the Second Resolution, the Board shall transmit to the County Planning Commission and the Municipal Planning Commission, if any, for the municipality in which the property is located the Second Resolution and request that the County Planning Commission and the Municipal Planning Commission determine whether the property is a Blighted Property and, if so, certify said Blighted Property to the Redevelopment Authority. The Redevelopment Authority shall, likewise, be provided with a copy of the Second Resolution and the Board shalf certify said Blighted Property to the Redevelopment Authority. IX. STAFF Section 1: The Board may retain its own staff: however, the Board shall have available to it such staff as the Redevelopment Authority can provide. Xl::J.::l .L3r~3Sl::Jl dH E1:21 0102 61 ~dl::J Rules&Regs 12.1.S8112.22.98112.28.98/1.13,9914.28.99 RULES AND REGULATIONS TO GOVERN PROCEDURES OF THE CUMBERLAND COUNTY VACANT PROPERTY REINVESTMENT BOARD I. NAM E Cumberland County Vacant Property Reinvestment Board (hereinafter the "Soard'). II. AUTHORIZATION The authorization for the establishment of the Board is provided for in the Urban Redevelopment Law, 1945, May 24, P.L. 991, as amended by Act 94 of 1978, Act 39 of 1988, and Act 58 of 1996. Pursuant to the Urban Redevelopment Law, the Board of Commissioners of the County of Cumberland enacted Ordinance 99- , which established the Board and which furth~r authorized the Board to adopt rules and regulations. III. BOARD MEMBERS Section 1: The Board shall consist of seven (7) members, as follows: A. One (1) member of the Board of Commissioners. B. The Chairman of the Redevelopment Authority of the County of Cumberland (hereinafter the "Redevelopment Authority") or his/her designee. C. One (1) member of the Cumberland County Planning Commission (hereinafter the "County Planning Commission") as appointed by the County Planning Commission's Chairman. D. Four (4~ 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 the Board from the various geographic regions of the County of Cumberland. Section 2: Members shall serve for a term of three (31 years dating from January 1 of the year of their appointment and shall continue their membership until December 31 or until their successors have been selected and qualified. Provided, however, that the initial Members as identified in Section 1.A.B. and C., shall serve for a term of one (1l year and Members appointed by the Board of Commissioners in Section 1. D. shall serve as follows: two (2) years for two members, so appointed. and three (3) years for two members, so appointed. vI' d XI:l.::l -L3r~3Stll dH E1 :cn 0102 61 .Jdtl Section 1: Section 2: Section 3: Section 4: Section 5: Section 1: Section 2: Section 3: Section 4: Section 5: S I . d IV. DESIGNATION OF OFFICERS Chairperson. The Chairperson or in the absence of the Chairperson, the Vice Chairperson, shall preside at all meetings of Board and shall perform such other duties as may from time to time be requested by the Board. Vice Chairperson - The Vice Chairperson shall preside at meetings of the Board in the Chairperson's ab~ence and shall perform such other duties as may from time to time be requested by the Board. Secretary - The Secretary of the Board shall prepare the agenda of regular and special meetings, provide written notice of aU meetings to Board members, arrange for proper and legal notice of hearings, attend to correspondence of the Board and perform such duties as are normally carried out by the Secretary. The officers shall serve for a term of one (1) year and be members of the Board. They shall be elected by the members annually at the first regular meeting of the Board in each calendar year. Vacancies in office shall be filled immediately. V. MEETINGS Regular meetings shall be held monthly at a time and place designated by the Chairperson. A quorum for Board meetings shall consist of four (4) members. Binding action shall require the vote of a majority of Board members present. Special meetings may be called by the Chairperson or on request of a majority of the Board, provided they are called according to the Sunshine Law and that at least three (31 days written notification of the scheduling of the meeting is provided to all Board members. All meetings shall be open to the general public; however, the Board may meet in closed session for discussion purposes pursuant to the Sunshine Law. Unless otherwise specified by a majority vote of a quorum of Board members, Roberts Rules of Order shall govern the proceedings at the meetings of the Board. XI:I.::l L3r~3SI:lI dH El :cn 0102 61 ..Jdl:l Section 1: Section 2: Section 1: Section 2: Section 3: Section 1: 9 I . d VI. ORDER OF BUSINESS The order of business for meetings shall be as follows: A. Call to ord er B. Approval of Minutes of previous meeting C. Hearings O. Correspondence E. Old Business F. New Business G. Public Comment Period Removal ot any agenda items shall require the vote of the majority of Board members present. VII. BUSINESS PROCEDURES An official agenda of regular Board meetings shall be prepared and mailed 10 Board members at least one (1) week prior to the meeting date. Property reports of properties to be considered by the Board shall accompany the agenda. All business received after the one (1 ) week cut off shall be considered as other business. Special meeting called by the Board shall cover only the items which have been scheduled in advance for the specific meeting. VIII. OPERATING PROCEDURES List of Potentially-Eligible Properties - At the direction of the Board, a list of properties that are potentially-eligible for certification as blighted will be prepared by the Redevelopment Authority. The Redevelopment Authority may obtain input from any city, boroughs, or township (hereinafter "Local Municipality-) within Cumberland County as to which properties may be potentially-eligible for certification as blighted. The Planning Commission for a Local Municipality (hereinafter "Municipal Planning Commission") shall be provided with information identifying a potentially-eligible property within its Local Municipality that is placed on the list of properties, as aforesaid. The Municipal Planning Commission may provide written comments to the Board concerning the potentially-eligible property, wh ich the Municipal Planning Commission teels would be relevant for the Board to consider in determining XI::l.::l 1.3[,~3SI::lI dH El :21 0102 61 ..Jdl::l Section 2: Section 3: Section 4: L.l . d whether the property is blighted. The list shall contain the property's address. owners' names, date of last-known occupancy, and an indication of its current status, i.e. vacant, boarded or placarded as unfit for human habitation under any housing code. The list shall also contain information as to the status of any proceedings pertaining to housing code violations for the property and any prior or current rehabilitation of the property. The properties are listed in order of priority for Board action based upon the Redevelopment Authority's view of the degree of blighting influence on the neighborhood in which they are located. The Board selects the properties that it wishes to address. Property Owner Notification Letter - A letter is sent via both regular and certified mail to the owner or its designated agent for service of notices within the county. The letter explains what action needs to be taken by the property owner to eliminate any blight and provides for a reasonable time period for any action to be taken. The letter does not constitute official action by the Board but is only a notice of the fact that the Board may deem the property to be a Blighted Property. as that term is defined in Ordinance 99-_. Property Fact Sheet - In the event that the property owner tails to follow the instructions outlined in the Property Notification Letter, the Property Fact Sheet, which is based on the criteria of blight as defined in Ordinance 99-_, is completed by the Redevelopment Authority based on specifics concerning any evidence of blight, including, but not limited to, any reports and evidence of municipal code violations. First Official Notice - A. The Fact Sheet is evaluated and, if the subject property is declared blighted, a Blight Determination Resolution (hereinafter the "BOR") is to be adopted by the Board. B. The Board's Secretary shall then provide notice of the adoption of the BDR, as follows: (i) Mail to the property owner Of an agent designated by him for receipt of service of notices within Cumberland County via certified mail, return receipt requested, a copy of the BDR (In the event the mail is returned with notation by the postal authorities that the owner or his agent refused to accept the mail, the Secretary shall have the right of service of the BDR by mailing a copy to the owner or his agent at the same address by ordinary mail with the return address of the Board appearing thereon. Service by ordinary mail is complete if the mail is not returned to the Board within fifteen (, 5l days after mailing. In the event the mail is returned with the notation by the postal authorities that it was unclaimed, the BDR shall be personally served upon the owner or his agent), (ii) post the property with a copy of the X8::1 13(,~3St:ll dH v1 :21 0102 61 ..Jd8 Section 5: 81 . d BDR, and (iii) publically advertise the adoption of the BDR. C. In the 8DR, the property owner's rights are explained to them. The BDR shall specifically advise the owner of the steps that are to be taken to remedy the blighted condition of the property and of the fact that the failure of the owner to remedy the blighted condition may cause the property to be subject to condemnation. The property owner shall further be advised that it may request a hearing before the Board to seek a review of the determination. Said request for a hearing shall be made in writing to be received by the Board no more than thirty (301 days from the date of the property owner's receipt of the BOR. A request for a hearing shall be accompanied by a check in the amount of $ made payable to the County of Cumberland. D. In the event the owner of said property decides to comply and remedy the blighted conditions of the property, he must provide a rehabilitation plan in significant detail, which shall provide for removal of the blighting influences within a twelve ( 12) month period along with the estimated rehabilitation cost of the removal of the blight. A deposit of ten per cent (10%) of the estimated rehabilitation cost or $1,000, whichever is less. is required to be posted with the Board before the rehabilitation plan will be accepted. If the Board accepts the rehabilitation plan, it will take no further action against the subject property, provided the owner diligently carries out the rehabilitation plan. Said rehabilitation plan along with the required deposit shall be received by the Board within thirty (30) days of the date of the property owner's receipt of the BDA. Upon completion of the rehabilitation plan the deposit shall be refunded to the property owner. If the rehabilitation plan is not completed then the deposit shall be forfeited and the property is returned to the Board where the steps for a Second Resolution, as provided for in Section 10, will be followed. Hearing Before the Board - A. Upon receipt of a written request for a hearing from a property owner, the Board shall provide written acknowledgment to the property owner of the request for a hearing and of the scheduling of the hearing. The hearing shall be scheduled at a regular meeting of the Board . Notice of the time and place of the hearing shall be given not more than fourteen (14) and not less than seven (7) days in advance of any hearing. Such notice shall be published for two consecutive days in a newspaper of general circulation in Cumberland County. B. The Chairman shall.select a Hearing Panel to be comprised of three (31 members of the Board, not to include however the Redevelopment XI:I.::I L3r~3SI:l-' dH -VI :cn 0102 61 ..Jdl:l Section 6: Section 7: Section 8: Section 9: 6 I 'd Authority or County Planning Commission representative, and shall select a chairperson for the Hearing Panel. C, At the hearing before the Hearing Panel the Redevelopment Authority shall present the evidence of blight and shall be subject to cross examination by the property owner or his representative. The property owner shall be afforded an opportunity to present evidence in defense of the determination that blight exists and shall be subject to cross examination by the Redevelopment Authority. O. The Board shall keep a record of the Proceedings of any hearing, either stenographically or by sound recording. A transcript of the proceeding and copies of graphic or written material received during any hearing shall be made available to any person at their cost. E. At the conclusion of the hearing, the Hearing Panel shall render a decision as to whether the property is deemed a Blighted Property, as that term is defined in Ordinance 99-_. The decision of the Hearing Panel shall be deemed a final decision of the Board. Any appeals from the decision of the Board may be to the Court of Common Pleas and made pursuant to provisions of the Local Agency Law, 1978, April 28, P.L. 202 No. 53, as amended. Public Notice - Public notice of the BDR shall be deemed satisfied if the BOR is published in a newspaper of general circulation in Cumberland County. Notarized proof of publications shall be retained by the Board Secretary. Certification of Service - Posting - A certificate of service - posting is completed when the property is posted. The property is to be posted by the Redevelopment Authority and is to be done in a manner so as to keep the posting in place for a period of ten (10) days, and can only be removed by tearing it off. This posting is to be witnessed and notarized and a certificate is to be filed with the Board Secretary. Certificate of Service - Personal Delivery - A certificate of service - Personal Delivery is completed when the BDR is hand delivered to the owner of said property or his authorized agent. This hand delivery is to be witnessed and notari2ed and retained by the Board Secretary. Rehabilitation Agreement - This Agreement is provided to the owner bV the Board upon acceptance by the Board of owner's rehabilitation plan. All conditions of blight must be addressed and timed elements stated for each violation. This document is signed by a Board member. the owner of said Xl::I=l 1-3r~3S8-' dH VI :21 0102 61 ..Jdl:l .. " property, and notarized. -/~- Section 10: Request to County Planning Commission and Municipal Planning Convnlsston - At such time as: (i) the property owner has failed to timely request a hearing bef9r.e the Board, or (ii} the property owner has exhausted all appeals, and no Rehabilitation Agreement has been entered into with the Board, then 1he Board shall adopt a "Second Resolution" stating the property owner has been served with a notice of blight, been notified of his/her right to appeal the determination, has failed to correct the violations cited, and has not made satisfactory arrangements to the 8c;>ard to begin addressing the violations. Prior to adoption of the Second Resolution, the Redevelopment Authority shall conduct a reinspection of the property indicating that the violations cited have not been eliminated. Upon adoption of the Second Resolution, the Board shall transmit to the County Planning Commission and the Municipal Planning Commission, if any, for the municipality in which the property is located the Second Resolution and request that the County Planning Commission and the Municipal Planning Commission determine whether the property is a Blighted Property and, if so, certify said Blighted Property to the Redevelopment Authority. The Redevelopment Authority shall. likewise, be provided with a copy of the Second Resolution and the Board shall certify said Blighted Property to the Redevelopment Authority. IX. STAFF Section 1: The Board may retain its own staff; however, the Board shall have available to it such staff as the Redevelopment Authority can provide. X. AMENDMENTS These rules and regulations may be amended by a majoritY vote of the entire membership of the Board. OZ.d XI:L:l 13[,~3Sl::l-' dH Sl:21 0102 61 ~dl::l