DRAFT
Comprehensive Blight Strategy Plan City of Connellsville January 2019
I.
Introduction
Blight and abandonment are expensive and contagious and, left unaddressed, can undermine the social and economic fabric of a community. Attacking the challenge of fighting blight can be overwhelming. Developing a plan to fight blight helps communities prioritize proven strategies and target resources to turn around blighted properties and, in doing so, increase home values and tax revenue, reduce crime, and support thriving and healthy communities. In its continuing effort to fight blight and promote community investment in the City of Connellsville, the Connellsville Redevelopment Authority sought assistance from the Housing Alliance of Pennsylvania to develop a comprehensive plan for implementing effective strategies to address blight in Connellsville. With support from the Claude Worthington Benedum Foundation, the Housing Alliance of Pennsylvania worked with the Connellsville Redevelopment Authority and the Fayette County Cultural Trust to develop a comprehensive strategy plan for addressing blighted properties in the City and returning them to productive use (Blight Plan). This Plan recommends and prioritizes strategies and best practices for preventing and remediating blighted properties and redeveloping those properties in accordance with local needs and priorities. On behalf of the Housing Alliance, Winnie Branton of Branton Strategies LLC prepared and wrote the Blight Plan. Information relied upon and reported in the Plan was gathered in a series of interviews, meetings, and conversations with representatives from the City, the Redevelopment Authority, the Fayette County Cultural Trust and other local organizations, residents and stakeholders. Additional information was gathered from the team working on the City’s Comprehensive Plan. The recommended strategies in this Blight Plan are expected to be integrated into the Comprehensive Plan.
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Recommended Strategies Tools to Prevent and Eliminate Blight and Keep Properties Up To Code 1. Help Owners and Tenants Better Understand Property Maintenance Responsibilities* 2. Promote Existing Homeowner Repair Programs and Consider Expansion* 3. Consider Requiring Rental Property Inspections* 4. Require Pre-Sale Inspections 5. Require Buyers to Bring Property Up to Code Within 12 Months Under the Municipal Code and Ordinance Compliance Act 6. Renew the Vacant and Abandoned Real Property Registration Ordinance* 7. Disqualify Tax Sale Bidders Who Have Delinquency or Code Violations 8. Impose Criminal Misdemeanor Sanctions for Multiple Code Violations* Tools to Address Long-Term Vacant and Abandoned Properties 1. Prioritize and Demolish Unsafe Structures and Prepare for Reinvestment* 2. Adopt a Public Nuisance Abatement Ordinance* 3. Work with the Redevelopment Authority of the County of Fayette in its capacity as Land Bank to Acquire, Manage and Market Vacant Properties 4. Condemn Properties Using a Blighted Property Review Committee* 5. Strengthen Incentives for Development
*Indicates High Priority Strategy
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II.
What is Blight?
As noted in the Comprehensive Plan, blight is often defined in different ways, but generally refers to objectively determinable signs of deterioration that are sufficient to constitute a threat to human health, safety and/or public welfare. 1 Because many of the legislative tools available to address blight require that targeted properties meet the definition of “blighted property” under Pennsylvania’s Urban Redevelopment Law, we will use that definition for purposes of this Blight Plan. “Blighted property” is defined in the Urban Redevelopment Law as property that meets at least one of the following eleven criteria: 1. Public nuisance 2. Attractive nuisance to children 3. Accumulation of trash and debris or haven for vermin 4. Unfit for human habitation 5. Fire hazard 6. Lack of water, gas, or other utilities 7. Tax delinquent for two years and vacant 8. Vacant and not code compliant within a year of receiving notice of violations 9. Abandoned property where: a. municipal lien for cost of demolition remains unpaid for 6 months b. municipal liens exceed 150% of its value or c. declared abandoned by owner 10. Defective or unusual condition of title 11. Environmentally hazardous conditions or contamination. 2 III.
Observations and Data Regarding the Nature and Extent of Blight • The Comprehensive Plan made a finding that blight in Connellsville threatens neighborhood health. • Plan stakeholders identified neighborhood blight as a major issue in Connellsville. • The City employs only one full-time code enforcement officer who also serves as the zoning officer and the health inspector. • Rental property conditions reported in the Fayette County Cultural Trust Quality of Life Initiative demonstrate a need for stronger regulation and harsher penalties for landlords. 3 • More housing units are occupied by renters (51%) than owners (49%).
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Connellsville Next, City Comprehensive Plan, January 2019 Draft, p. 54. 35 P.S. § 1712.1(c). 3 A copy of the Quality of Life Initiative is included in the Appendix. 2
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•
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IV.
In 2018, there were 1,059 residential rental units registered with the City. Regulating and addressing rental properties takes up 80% of the code enforcement officer’s time. Currently, there are 12 properties in Connellsville that the Board of Health has determined are unfit for habitation and many other properties, occupied and vacant, are severely deteriorated and in need of repair or demolition. Most of the properties deemed unfit for habitation have owners who are located in Pennsylvania. In 2018, about 70 properties were registered with the City as foreclosed properties or vacant structures. As of 2016, there were 384 vacant homes in the City comprising a little over 10% of all homes. Half of these were vacant for purposes such as being for sale or rent or for seasonal use, while half were vacant for “other” reasons, a category that tends to correlate with abandonment.4 The City does not appear to have a large inventory of tax foreclosed properties. In 2018, only 5 Connellsville properties went to judicial tax sale and only 15 Connellsville properties are on the Fayette County Tax Claim Bureau repository list of unsold properties. There were 65 real estate transfers in Connellsville in 2018. Weak real estate market conditions, poverty and an older housing stock are all contributors to poorly maintained residential properties.
Existing Programs, Policies and Initiatives to Address Blight A. Legal Framework Code enforcement – The City has adopted the following five ordinances to prevent and mitigate blighted properties, and promote redevelopment: • Property Maintenance Code 5 • Blight Reclamation and Revitalization Ordinance 6 • Landlord Registration and Occupancy Ordinance 7 • Vacant and Abandoned Real Property Registration Ordinance 8 • Local Economic Revitalization Tax Assistance Act (LERTA) Ordinance 9
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Connellsville Next, City Comprehensive Plan, January 2019 Draft, Background Studies, The Housing Market, p. 22. City of Connellsville Ordinance No. 1483 (enacted December 11, 2011). 6 City of Connellsville Ordinance No. 1534 (enacted June 28, 2018). 7 City of Connellsville Ordinance No. 1471 (enacted November 12, 2009). 8 City of Connellsville Ordinance No. 1508 (enacted August 19, 2014). 9 City of Connellsville Ordinance No. 1522 (adopted August 22, 2016). 5
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B. City, County and Community Programs to Improve and Maintain Properties and Promote Redevelopment The Connellsville Redevelopment Authority assists property owners with accessing home repair and rehabilitation grants and loans through the U.S. Department of Agriculture Rural Development program and the federal HOME program operated by the Fayette County Redevelopment Authority. The Connellsville Redevelopment Authority manages a number of programs and initiatives to improve the quality of life for the residents of Connellsville and to encourage community and economic development within the city. The Fayette County Cultural Trust oversees the Neighborhood Partnership Program (NPP), a tax credit program that leverages private investment to help build capacity and drive revitalization in participating communities. Through the program, participating companies receive an 80% tax credit in exchange for multi-year contributions to qualifying community development organizations. The Fayette County Cultural Trust Quality of Life Initiative includes recommendations for addressing substandard rental housing and abandoned and blighted buildings. Façade improvement grants (restricted to commercial and historic properties) are administered by the Fayette County Cultural Trust. LERTA tax exemption for improvements to commercial, industrial and other business properties in designated deteriorated areas for 5 years. 10 The Tax Cuts and Jobs Act created a new federal program to encourage capital investment in Qualified Opportunity Zones. Two census tracts (2607 and 2608) within the City have been designated as Qualified Opportunity Zones. Opportunity Zones are designed to spur economic development and job creation in distressed communities by providing tax benefits to investors. 11 This new program has the potential to bring long-term investment in housing, businesses and properties located in the Opportunity Zones in the City. Downtown Connellsville has created an Investment Prospectus to attract investors to the City’s Opportunity Zones. 12 V.
Recommended Strategies to Supplement Existing Programs, Policies and Initiatives A. Tools to Prevent and Eliminate Blight and Keep Properties Up to Code 1. Help Owners and Tenants Better Understand Property Maintenance Responsibilities In 2011, the City adopted the International Property Maintenance Code (IPMC) (2012 edition) to regulate the conditions and maintenance of all property, buildings and structures by passing 10
City of Connellsville Ordinance No. 1522 (adopted August 22, 2016). https://www.irs.gov/newsroom/opportunity-zones-frequently-asked-questions. 12 https://www.downtownconnellsville.org/upload/Connellsville%20Opportuinity%20Zone%202019.pdf. 11
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Ordinance 1483.13 According to the Ordinance, the City keeps three copies of the IPMC in the office of the City Clerk. Including a link to the IPMC would make it easier for owners to access and understand the property maintenance requirements. In addition, including information on the website like common violations or FAQs about code enforcement also helps to educate and inform property owners and residents. Brochures and handouts on code enforcement are another way to inform and encourage compliance. One example of a simple, well-designed brochure on code enforcement comes from the City of Youngstown, Ohio. 14 This recommended strategy aligns with and supports one of the goals of the Comprehensive Plan to improve compliance with the property maintenance code. The Comprehensive Plan recommends that the City develop a resource guide that the zoning/code officer can provide to violators. The Fayette County Cultural Trust Quality of Life initiative makes a similar recommendation. Such a resource guide could help violators bring their properties back up to code and prevent blighting conditions from developing. Tenants in rental properties are partners in property maintenance. Providing a resource guide for tenants can help them choose a safe, quality rental property and better understand their rights and responsibilities. North Penn Legal Services in the Lehigh Valley has developed a Self Help Handbook for Tenants that covers topics like what to look for when renting, getting repairs done, and fair housing requirements. 15 2. Promote Existing Homeowner Repair Programs and Consider Expansion Most homeowners take pride in their properties and properly maintain them. But unfortunately, some homeowners simply can’t afford to maintain their properties. Federal home repair programs through the U.S. Department of Agriculture and the Fayette County Redevelopment Authority provide financial assistance to low income homeowners. All communications with homeowners regarding code violations should include information about available home repair financial assistance programs. If there is greater need for assistance than is available through existing programs, the City should consider working with area lenders, nonprofit housing partners, DCED and others to explore City-based financial assistance programs. By making grants and loans available, the City and its partners can help low-income homeowners become code-compliant, improve their housing conditions, and be good neighbors.
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Ordinance No. 1483, enacted December 11, 2011. https://www.connellsville.us/1483%20ipmc-1.pdf. https://vacantpropertyresearch.com/wp-content/uploads/2017/01/20161202_CE-Brochure-1.pdf. 15 https://www.northpennlegal.org/sites/www.northpennlegal.org/files/NPLS_Handbook_05_04_2016_FINAL.pdf. 14
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3. Consider Requiring Rental Property Inspections According to the U.S. Census Bureau American Community Survey estimates, 51% of the housing units in Connellsville are renter-occupied.16 There are 3,747 total housing units in Connellsville and 1,762 units are renter-occupied. 17 As evidenced by the photographs in the Quality of Life Initiative report and local sources, residential rental properties are presenting a challenge to Connellsville. Currently, Connellsville has a Landlord Registration and Occupancy License Ordinance which requires annual registration of units and payment of a $10 fee per unit for an occupancy license. 18 No inspections are required. With registration, owners must list the names and addresses of current tenants and update this information within 10 days of any new tenants occupying a unit. In 2018, there were 1,059 residential rental units registered in the City. 19 To ensure safe housing conditions and prevent blighting conditions from developing, some communities have adopted rental property inspection programs to go along with registration. The goal of rental registration and inspection ordinances is to preemptively address the burdens that problematic rental properties place on local governments. Key components of those programs include: • • • •
registration of units prior to leasing owner required to supply detailed contact information and identify a local agent with contact information if owner is not local owner required to make the property available for regular inspections owner required to pay an annual fee that covers the municipality’s cost of administering the program, including the costs of regularly inspecting properties and responding to complaints.
Large and small municipalities in PA have adopted rental property registration and inspection ordinances. Big cities like Allentown 20 and smaller cities like Shamokin 21 have adopted these ordinances. Past efforts to establish a rental property inspection program in Connellsville were challenged and eventually abandoned. Given the priorities established through the Comprehensive Plan process, it may be the right time to reconsider a rental property inspection program. The Comprehensive Plan describes blight as a drag on neighborhoods and pride of place in 16
U.S. Census Bureau, 2013-2017 American Community Survey 5-Year Estimates. Ibid. 18 City of Connellsville Ordinance No. 1471 (adopted November 12, 2009). 19 Not all residential rental units are subject to the Ordinance – one of the groups of properties specifically excluded is multi-housing complexes regulated by HUD or any other Federal agency. This may explain, at least in part, the difference between the number of rental units registered and the ACS estimate of rental units. 20 https://www.allentownpa.gov/Portals/0/files/BuildingStandards/buyernotificationprogram/Article1759.pdf. 21 http://www.shamokincity.org/Landlord%20Tenant%20Ord.pdf. 17
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Connellsville. The Plan identifies the need for a wide variety of high-quality housing types and amenities to meet the existing and future needs of all residents. A rental property inspection program ensures that rental properties are held to some basic minimum standards and encourages owners to keep their properties up to code. Connellsville has a relatively weak real estate market and rental units command fairly modest rents. The median rent in the City is $476 per month.22 A rental inspection program must be designed to take into account the economics of the rental market so as not to overburden landlords. The goal is to hold negligent owners—those who fail to take care of their properties or rent to tenants with bad behavior—accountable, not to add significant costs or burdens to responsible owners of residential properties. An additional staff person for the City’s Code Enforcement Department would be needed to implement and manage a rental property inspection program. The City may charge rental registration fees to cover the cost of the program, including staff. 4. Require Pre-Sale Inspections Mandatory presale inspections represent a proactive, preventive approach to stabilize and repair older buildings. Presale inspection laws require that all properties for sale must be inspected by the municipality for code violations before transfer to a new owner. The seller pays a fee to the municipality for the inspection. Violations are identified and reported to the seller. If violations are found, the seller may fix the violations or give the buyer a copy of the report listing all violations. For the sale to proceed, the buyer must commit to correcting the violations within a stated period of time from the purchase date. Other features of presale inspection laws include verifying allowable use and compliance with zoning before sale and protecting potential purchasers from buying a house they cannot afford to repair. Presale inspections are considered less onerous than rental property inspections because they are one-time inspections resulting from an owner’s decision to sell.
22
U.S. Census Bureau, 2013-2017 American Community Survey 5-Year Estimates.
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In 2018, there were 65 property transfers in Connellsville. Additional code enforcement staff time or a third party contractor would be needed to manage presale inspections.
Who’s Using This Tool? City of Allentown Anyone who offers a property for sale must have the property inspected for compliance with the City of Allentown’s property maintenance and zoning codes. Seller requests an inspection within 5 days of putting property up for sale and pays a fee of $100 (up to 3 units). Code official performs the inspection and prepares a Buyer’s Notification Report outlining any code or zoning violations. The Report is good for one year. If no violations found, a Certificate of Compliance is issued. If violations found, the seller has two options – correct the violations prior to the transfer of title OR have the buyer commit to correct the violations within six months of the transfer. Once a re-inspection is performed and correction of the violations is confirmed, the City issues a Certificate of Compliance.
A copy of the City of Allentown’s presale inspection ordinance is included in the Appendix. 5. Require Buyers to Bring Property Up to Code Under the Municipal Code and Ordinance Compliance Act If the City enacts a presale inspection ordinance, the City would then be able to rely on the PA Municipal Code and Ordinance Compliance Act to demand that the buyer correct any known code violations within 12 months (or longer by agreement with municipality). 23 The law provides penalties and fines ranging from $1,000 to $10,000. Requiring code violations to be corrected within a set time period helps to prevent further deterioration and motivates owners to complete repairs and improvements in a timely fashion. 6. Renew the Vacant and Abandoned Real Property Registration Ordinance The City has in place an ordinance which requires, among other things, annual registration of properties in foreclosure as well as vacant buildings and structures, and includes fees. The annual registration fee escalates with the number of vacant and foreclosed properties owned and the length of time a property remains vacant. All annual registration fees collected under 23
68 P.S. §§ 1081-1083. This statute only applies if the municipality has a presale inspection ordinance.
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this ordinance may only be used for the rehabilitation, demolition, repair, or improvement of abandoned real property or vacant buildings or structures by the City or any land bank in which the City belongs or participates. About 70 properties were registered under the ordinance in 2018. The ordinance includes a sunset provision and has a sunset date of September 26, 2019. The City should consider amending the Vacant and Abandoned Real Property Registration Ordinance to remove the sunset provision and make it permanent. The registration program is working well and helps the City stay in touch with and on top of owners of properties that are foreclosed or vacant. 7. Disqualify Tax Sale Bidders Who Have Delinquency or Code Violations The Fayette County Tax Claim Bureau (TCB) holds tax sales to recover real estate taxes owed on properties located in the County. The tax delinquent properties are sold at a public auction to the highest bidder pursuant to the Real Estate Tax Sale Law (RETSL). 24 At judicial tax sales (commonly known as free and clear sales), the starting bid for most properties is under $2,000. Under RETSL, a successful bidder must certify that he: (1) is not delinquent in paying real estate taxes on any property owned in the county; (2) does not have municipal utility bills that are more than one year outstanding; (3) has not had a landlord license revoked. 25 RETSL also authorizes municipalities to challenge the sale of property to a purchaser who owns property anywhere in the county where uncorrected housing code violations were permitted to continue unabated for six months or more after being convicted of such violation. 26 By tracking individuals and corporate entities who meet the conditions for tax sale disqualification and sharing that information with the TCB, the City can request that the TCB reject bids from these negligent and irresponsible owners and stop them from acquiring more properties in the City. Agreement from the County Tax Claim Bureau Director is necessary to implement this strategy. 8. Impose Criminal Misdemeanor Sanctions for Multiple Code Violations For those owners who are chronic violators and refuse to maintain their properties, harsher penalties are needed to get their attention and protect public health and safety. The goal of criminalizing repeated and severe code violations is to wield a penalty sufficient to give owners an incentive to bring their properties up to code. Targeting chronic violators with criminal misdemeanor sanctions also demonstrates to other would-be violators that non-compliance has significant and costly consequences.
72 P.S. §§ 5860.101 et seq. 72 P.S. §§ 5860.619.1(a), 5860.601(d) (additional conditions must be met to disqualify a purchaser who has a revoked landlord license). . 26 72 P.S. § 5860.619. 24 25
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Pennsylvania law includes a criminal offense for failure to comply with a code requirement. 27 A property owner is guilty of a second degree misdemeanor if (1) the owner has been convicted two or more times of a serious violation of the same provision of the building, housing or property maintenance code for the same property, and (2) the owner has made no reasonable attempt to address the violation. The violation must be serious enough to threaten public health, safety or property or be a public nuisance. If convicted, along with fines, jail time may be imposed. 28 Where an owner has been convicted three or more times for the same violation, the offense escalates to a first degree misdemeanor. Collaboration and cooperation with the County District Attorney is needed to pursue criminal sanctions against chronic code violators. The District Attorney or his designee would be responsible for prosecuting any criminal charges for failure to comply with a code requirement. Getting a criminal conviction for code violations can be difficult, lengthy and expensive - court costs, staff time and other costs. For all of these reasons, criminal sanctions should be reserved for the most serious and chronic violators. B. Tools to Address Long-Term Vacant and Abandoned Properties 1. Prioritize and Demolish Unsafe Structures and Prepare for Reinvestment One of the high priority goals of the Comprehensive Plan is to revitalize vacant and underutilized properties. The Plan identifies and maps priority sites that should be targeted as cornerstones of the City’s revitalization strategy. In addition, Comprehensive Plan stakeholders identified neighborhood blight as a major issue in Connellsville, as run-down, often abandoned properties pose safety problems and pull down property values for surrounding homes. To achieve the goals of economic development and neighborhood revitalization, demolition of blighted, obsolete and unsafe structures is often needed. Where funding is limited, prioritizing properties for demolition is necessary. Some of the factors to consider include but are not limited to: severity of dangerous or hazardous conditions; property condition; number of nearby blighted properties; impact on street/block; redevelopment potential; local market conditions; located on a gateway street; assessed value. Suggested criteria for evaluating properties and ranking them for demolition is included in the Appendix. 2. Adopt a public nuisance abatement ordinance. The Third Class City Code provides a standardized procedure for addressing public nuisances (including blighted structures) by ordering the property owner to abate the nuisance or
27
53 P.S. § 6115. Second degree misdemeanor convictions carry fines up to $5,000 and imprisonment for not more than two years. 18 Pa.C.S. §§ 1101, 1104. 28
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enabling the City to abate the nuisance. 29 Adopting an ordinance that tracks the nuisance abatement chapter of the Third Class City Code would give the City all of the remedies for addressing public nuisances as provided in the chapter including summary abatement (e.g. demolition) and the imposition of costs and civil penalties. The ordinance would establish clear, standardized procedures for addressing nuisance properties and recovering abatement costs from the property owner. 3. Work with the Redevelopment Authority of the County of Fayette in its capacity as Land Bank to Acquire, Manage and Market Vacant Properties The Redevelopment Authority of the County of Fayette (RACF) has been designated as the County’s Land Bank. Under state law, a land bank has the power to acquire judicial tax sale properties without bidding at the public auction. The County Land Bank could partner with the City and the Connellsville Redevelopment Authority to acquire judicial tax sale properties in Connellsville. Last year, there were 5 properties located in Connellsville on the Judicial Tax Sale List (July 30, 2018). 30 Another possible opportunity to work with the County Land Bank would be on a side lot program. The most recent repository list shows 15 Connellsville properties. 31 The City and the Connellsville Redevelopment Authority could work with the County Land Bank and the Tax Claim Bureau to market repository list properties to neighboring owners. Discussions with the RACF may present other possible opportunities for partnering on projects to return tax-delinquent and abandoned properties to productive use. 4. Condemn Properties Using a Blighted Property Review Committee Under the Urban Redevelopment Law, a redevelopment authority may use the power of eminent domain to take properties that have been certified as “blighted” where the owner refuses to take the necessary steps to bring the property into compliance. Condemnation is a powerful and sometimes controversial tool. Fortunately, the threat of condemnation is a powerful motivator, and chronically unresponsive owners often bring their properties up to code or sell them during the 12- to 18-month condemnation process. But for the tool to be used effectively, the redevelopment authority must be prepared to follow through and complete the condemnation when the owner fails to take action. For a redevelopment authority to acquire a blighted, vacant property under the Urban Redevelopment Law, a Blighted Property Review Committee (BPRC) must be appointed by the local governing body. The BPRC, with the assistance of code enforcement staff, compiles a list of properties that might meet the definition of “blighted property” under state law. The owners of those properties are contacted and encouraged to take action to bring their properties into compliance. Where an owner fails to take adequate steps to address violations, 11 Pa.C.S.A. § 127A01 et seq. http://www.co.fayette.pa.us/taxclaim/Documents/FREE%20%20CLEAR%202018pdf%20%282%29.pdf. 31 http://www.co.fayette.pa.us/taxclaim/Documents/Repositylist.pdf. 29 30
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the BPRC conducts a public review process to determine whether the property is “blighted” and should be certified to the Redevelopment Authority for acquisition by eminent domain. A property must meet at least one of twelve criteria to be deemed “blighted.” To be certified to the Redevelopment Authority for acquisition, a property must also be vacant. Upon certification, the legal process of eminent domain begins. To take the property by eminent domain, the redevelopment authority must pay fair market value for the property (“just compensation”). The Connellsville Redevelopment Authority has a long history of successfully managing programs and initiatives that support economic development, neighborhood revitalization, and property maintenance. The Comprehensive Plan recommends enhancing the Redevelopment Authority’s ability to revitalize property and support business development and expanding capacity at the Authority for housing rehabilitation and other initiatives. The Authority’s use of eminent domain power, in partnership with the City and a BPRC, could support these recommendations. For the City to use this tool, Council would need to pass an ordinance creating a Blighted Property Review Committee. Funding to pay “just compensation” and other expenses related to taking a property using eminent domain would also be needed. Additional code enforcement staff time may also be needed to gather the evidence and prepare for the blight determination hearing and related activities. Finally, the Connellsville Redevelopment Authority would need to be willing to exercise its eminent domain powers to acquire the properties and then market those properties to new owners. Some communities are reluctant to use eminent domain because of past incidents of eminent domain abuse. If this strategy is to be considered, public engagement and full legal review by the Redevelopment Authority’s Solicitor is recommended.
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Who’s Using This Tool? City of Erie and the Erie Redevelopment Authority (excerpt from the Authority’s website, http://www.redeveloperie.org/era_initiatives/blighted_property_reclamation/)
Blighted Property Reclamation One of the powers bestowed upon Redevelopment Authorities by Pennsylvania's Urban Redevelopment Law involves the acquisition, management, and disposition of blighted properties. The Urban
Redevelopment Law includes specific descriptions of characteristics to be considered when declaring a property blighted. The City of Erie's Blighted Property Review Committee (BPRC) is the first body to consider whether a property meets the criteria to be deemed blighted. It is the ultimate goal of the City, the BPRC, and the Redevelopment Authority for responsible property owners to remediate the blighting conditions. If conditions are not promptly corrected, or if public safety conditions warrant, the Erie Redevelopment Authority can use eminent domain powers to acquire the property, make the necessary improvements (which may include demolition of any structures), and identify a new appropriate use or owner for the property.
5. Strengthen Incentives for Development Once repaired or demolished, blighted properties present opportunities for redevelopment. But there are challenges that need to be overcome. The Comprehensive Plan acknowledges this need: Blight is a drag The City’s central business district and other commercial corridors suffer from pockets of blight. These distressed properties present a challenge due to higher cost and complexity of redevelopment efforts, especially when taking into 15
account local market constraints. Connellsville must compete for new investment with nearby municipalities that have developable greenfield land. While Connellsville doesn’t have a historic district, it has many historic buildings at threat of demolition. 32 To encourage the redevelopment of blighted properties, the City has adopted a Local Economic Revitalization Tax Assistance Act (LERTA) ordinance which exempts real estate taxes on improvements to commercial, industrial and other business properties located in designated deteriorated areas for five years. 33 Other incentives to consider and investigate: •
•
• •
Tax Increment Financing (TIF) permits a community to borrow money through a bond issue to improve a distressed property and to repay the bonds with future tax revenue generated by the improved property.34 The Comprehensive Plan recommends considering TIF as part of the redevelopment strategy for Gibson Terrace. Real estate tax abatements for new construction and improvements to residential properties in deteriorating areas under the Improvement of Deteriorating Real Property or Areas Tax Exemption Act. 35 This state law authorizes local governments to create tax exemption programs similar to LERTA but for residential properties. Incentives to preserve historic buildings that are central to the City’s sense of self and pride of place. As noted in the Comprehensive Plan, the Qualified Opportunity Zones in Connellsville present a new opportunity to attract private investment in redeveloping blighted properties.
Input from local real estate investors and developers, OZ funds, home builders, realtors, the Greater Connellsville Chamber of Commerce, DCED, and other sources should be sought regarding the type, duration and size of incentives that would make purchasing and improving properties in Connellsville more attractive. VI.
Prioritizing Action Steps and Implementation The City of Connellsville and its many partners are already very engaged in tackling blight. The goal is to build on those efforts. The strategies recommended in this Blight Plan are intended to complement and advance the work that is currently being done to prevent, remediate and redevelop blighted properties. The Blight Plan also supports the City’s Comprehensive Plan.
32
Connellsville Next, City Comprehensive Plan, January 2019 Draft, p. 38. City of Connellsville Ordinance No. 1522 (adopted August 22, 2016). 34 53 P.S. § 6930.1 et seq. 35 72 P.S. § 4711-101 et seq. 33
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This Blight Plan is a first - not the final - step to more effectively address blighted properties in Connellsville. The strategies recommended must be implemented, beginning with those identified as high priority, in order to make an impact. To ensure implementation, an Action Team should be formed. The team should include individuals and representatives of organizations that will have a role in putting the Blight Plan into action. The job of the Action Team is to develop a detailed action plan for each strategy recommended, beginning with those identified as high priority. The Action Plan should include: •
Tasks necessary to implement each strategy
•
Time frame for completing tasks
•
Lead organization
•
Resources needed
•
Measurements of success
A sample Action Plan is included in the Appendix. The Action Team should include representatives of the City, including but not limited to the Code Enforcement Officer and the Solicitor, City Council, the Connellsville Redevelopment Authority, and the Fayette County Cultural Trust, and any other agencies or organizations who play a key role in addressing blight. The Action Team should meet regularly to assess progress, consider the best ways to address implementation issues, update the plan as needed, and identify prominent blighted properties that might be good opportunities for redevelopment and reuse. VII.
Funding and Community Resources
Effectively deploying existing and future financial and community resources is critical to successful implementation. In January, the Richard K. Mellon Foundation awarded the Connellsville Redevelopment Authority a $550,000 grant to acquire and demolish blighted properties and spur economic development. The focus of this effort is likely to be on properties located downtown and especially in the area of the Great Allegheny Passage bike trail, which has become a thriving business district in recent years. The Neighborhood Partnership Program (NPP) is another possible funding source for funding implementation of the recommended strategies to address housing concerns and mitigate blight. As noted above, the City is currently participating in the NPP; extending the program for an additional six years could provide funding to support this Plan.
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Other funding options to consider include state programs like Keystone Communities and the Pennsylvania Housing Affordability and Rehabilitation Enhancement (PHARE) Realty Transfer Tax (RTT) fund.36 Technical assistance and grant funding through the federal EPA Brownfields Program should also be investigated and pursued. The City should work with the Redevelopment Authority, the Fayette County Cultural Trust and all other partners to pursue all available funding sources to ensure implementation of the strategies prioritized in this Blight Plan. Community resources and support are also critical to implementation. Tackling blight is a community effort. It cannot be accomplished by government alone; it requires collaboration. In Connellsville, there are an abundance of local and regional institutions, organizations and individuals that have resources (monetary and non-monetary) that can be leveraged to help transform the City. They are essential partners for implementing the strategies in this plan to resolve and repurpose blighted properties. In addition, law enforcement leaders such as the Police Chief, the Fire Chief, the Solicitor and the District Attorney, play critical roles in the City’s effort to fight blight and they should be actively involved in implementing this plan. City and County staff and officials, residents, neighborhood and nonprofit organizations, community leaders, landlords, businesses, and institutions all have a role to play in the successful implementation of this Blight Plan.
36
PHARE program funding assists with the creation, rehabilitation and support of affordable housing throughout the Commonwealth.
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APPENDIX 1. Quality of Life Initiative, Fayette County Cultural Trust 2. City of Allentown Presale Inspection Ordinance 3. Suggested Criteria for Evaluating Properties for Demolition 4. Sample Action Plan
APPENDIX – QUALITY OF LIFE INITIATIVE
Connellsville, Pennsylvania Quality of Life Initiative
This document demonstrates the need for housing and sidewalk rehabilitation in Connellsville to promote a more safe and healthy environment for low income families in which to pursue a more successful and healthy life.
Typical run down duplex in Connellsville. Half of this house is condemned while the other half is rented out. Notice the orange past due tax notice on the door. Houses like this are a problem in the city. They create hazards and serious health risks for the community and resident families. Sidewalks are also a serious concern for residents in low income areas and downtown. Some are uneven, not handicapped accessible and nonexistent. All tenants have a right to clean, habitable housing, and landlords are required to maintain livable units—ones in which doors and windows are not broken; the roof and walls keep out water; plumbing works and dispenses hot and cold water; and there are no vermin running free in the building and unit.
The city of Connellsville has a Code Enforcement Officer. As there are over 3000 homes in Connellsville it is difficult for one person working weekdays to be able to see all that is going on in the residential areas of the city. Connellsville currently has a landlord registration and occupancy ordinance. It is the purpose of this Ordinance and the policy of the Council of the City of Connellsville, in order to protect and promote the public health, safety and welfare of its citizens, 1) to establish licensing and registration requirements for landlords in the City of Connellsville and 2) to establish and maintain a current record of all rental properties and tenants occupying such properties. As a general finding, the Connellsville postal workers deliver mail to approximately 8,500 units per day in the city. The Connellsville Post Master receives 6,000 requests for change of mailing address each year. As a result of this finding, the City of Connellsville, by enacting this Ordinance, provides a mechanism for monitoring those inhabiting the city. Connellsville low income families realize they are not living in the land of opportunity. Connellsville and Fayette County has one of the highest unemployment rates in Pennsylvania and its citizens are the second unhealthiest in the State right behind Philadelphia. In Connellsville, 1,704 out of 7,458 people live below the poverty line, a number that is higher than the national average of 14%. According to the 2017 County Health Rankings, Fayette County, PA has a Diabetes Prevalence value of 15.9%, the highest value of any county in Pennsylvania. This represents a 26.2% growth from the previous year, which had a value of 12.6%. According to the 2017 County Health Rankings, Fayette County, PA has a Adult Smoking Prevalence of 20.5%, the highest value of any county in Pennsylvania. This represents a 8.89% decline from the previous year, which had a value of 22.5%. Some of the blighted properties in Connellsville are also being used as a front for drug dealers. Poverty is a multi-faceted phenomenon which affects not only the ability to purchase goods, but also vulnerability towards various pressures that may prohibit an individual from enjoying life. This vulnerability may be gauged from living conditions such as employment, health, education, and housing. Living in substandard properties affects the well being of the low income family which attributes to their poor health and a feeling of isolation. Homes and communities are the key to an individual leading a successful life, low-income families must have access to living environments that are conducive to their success.
Connellsville, PA has a population of 7637 people with a median age of 38.8 and a median household income of $28,618. The total number of homes in Connellsville is 3,341. The median property value in Connellsville is $81,800, and the homeownership rate is 49.1%, leaving the rental rate of homes at 50.9%. Some of these homes are kept up, mostly single family homes where home owner occupied residence exists. The housing stock in Connellsville is older. 49% of homes were built prior to the 1940s, 11% constructed between 1940 – 1949, and 14% were constructed in the 1950s. Today, some of the older stock of homes are being raised with newer homes taking their place. Other homes are being renovated and brought back up to code. Over the years, single family homes have been turned into duplexes, triplexes and other forms of accommodations. Some of the owners of rental properties live in Connellsville, and some are absentee landlords. Slumlords, by contrast, are profiteers who often take advantage of tenants’ inability to qualify for or afford legitimate housing. Many continue collecting rents until buildings are condemned, then sell the property to developers. Unfortunately, the image of an absentee landlord who owns numerous derelict properties is often true.
The problems that plague Fayette County and Connellsville are not new as reported in the Connellsville Daily Courier back in the 1950’s.
Everyone deserves to live in a safe and healthy home. It’s important for people of all ages, especially children, adults, and seniors, because their health can be affected most by their environment. Most people spend 70 percent or more of their time inside their home. Millions of homes, however, have hidden hazards that can affect the health of the family and their visitors. Scientific research has revealed that many homes contain one or more hazards that adversely affect human health. A 2013 federal government task force and the National Center for Healthy Housing found that these home hazards pose a wide range of risks: Mold and pests can cause and worsen asthma, allergies, and other respiratory illnesses. Poor housing conditions play a significant role in the respiratory health of vulnerable family members. The Centers for Disease Control and Prevention (CDC) estimates that 1 in12 adults and 1 in10 children in the U.S. suffer from asthma.
A rental property in Connellsville shows deteriorating ceilings and a bucket used in one of the bedrooms to collect the water that pours through the roof. Toxins such as lead, asbestos, and many household chemicals harm human health in a variety of ways. Lead poisoning in children causes reduced IQ and attention span, hyperactivity, impaired growth, reading and learning disabilities, hearing loss. The U.S. Department of Housing and Urban Development (HUD) estimates that almost 24 million homes have lead hazards from the paint, dust, or soil, and the CDC says that there are about 500,000 children in the U.S. with elevated blood lead levels. Invisible poisonous gases such as carbon monoxide and radon also pose serious threats to family health. Carbon monoxide poisoning results in more than 200 accidental deaths a year and, at much lower levels, causes flu�like symptoms, which often go undiagnosed. Radon can increase the risk of cancer, and is responsible for approximately 21,000 lung cancer deaths per year. Falls are the leading cause of accidental injuries for people aged 65 and older. Older adults are more likely to be victims of falls, and the resulting injuries can affect their ability to lead an active life.
This rental unit has broken windows leading to the infestation of pigeons, insects and other parasites that can affect the health and safety of its residents.
Pigeon droppings on the interior steps of a rental house in Connellsville as the result from broken windows.
These photos were taken in several occupied rental units. Electrical wires hanging out of the walls and ceilings, and electrical panels hooded up in unsafe manners with no doors protecting it from the damp and sometimes wet basements. You can see mold growing on the walls where the above electrical panel is located.
This bedroom in a rental unit consists of a leaky moldy ceiling, and mattresses that people are sleeping on that contain mold spores as seen in the blue mattress below. Community Ministries which operates the food pantry and furniture store in Connellsville denied these renters furniture based on the living conditions present in the building that they are in.
Some rental unites were found to have inadequate plumbing such as the shower pictured above and the kitchen sink below.
Inoperative fire detector.
This rental unit was found with not only deteriorating ceilings, but also unsafe lighting fixtures and wires. A majority of the rental units that were blighted did not have any type of emergency warning devices that could detect smoke or fire.
Above is the ceiling tile that is covered in damp mold and mildew. Below is a bucket used to catch water coming in from the ceiling, and pieces of plaster on the tables and floor.
This family lives in a musty, damp and unsafe house. The photo of the exterior of this house is actually on the front page of this document. Low income families usually put up with these types of houses because the rents are lower than HUD provided houses, even though the standards of living would be substandard. When they run out of money to pay the rent, the landlord usually evicts them and they move on to another substandard home. Connellsville experiences a large number of people moving from one home to another.
It is important to mention that not all slum owned properties are being rented by low income individuals. Some are being used as a cover for drug dealers who rent out cheap properties and sell drugs in the city and surrounding areas. This burned out duplex has been sitting here for over 2 years.
14 September 2016 and today
This five plex house is in such bad shape one of the tenants sued the owner because the bathroom ceiling fell on them. The house now sits vacant with holes in the roof and dead trees in the yard. A dead tree that was located in the back yard of this house just recently fell onto the building making a larger hole in the roof. No action was taken to fix the damage.
When blighted properties are no longer rentable the owner usually lets the property sit and deteriorate further and then walks away leaving the city and the Connellsville Redevelopment Authority to fund the demolition of the structure. The owner of the above house has not paid taxes on this property for years.
The sidewalks in Connellsville need to be improved. In the business district, sidewalks are uneven in areas where trees were planted due to roots, and some sidewalks are sinking due to the presence of basements that were installed under the sidewalks when the older buildings were built. Sidewalks in most low income housing areas are in disrepair or missing. Sidewalks provide many benefits including safety, mobility, and healthier communities. Sidewalk inactivity contributes to the incidence of obesity, diabetes, hypertension, heart disease and certain cancers; and it carries a risk burden close to that of smoking. Sidewalks also provide reduced crime risk through increased pedestrian traffic, improved access to buses, enhanced sense of community through better connections to neighbors and businesses. Other benefits can also include decreased use of cars for short trips, saving gas and lowering emissions.
Initiatives, Outcomes and Programs
Creating a booklet for landlords detailing the city codes regarding property maintenance, city requirements and explains the hazards of lead, mold and unsafe conditions. Create a booklet for renters that shows their rights and responsibilities as a renter Helping low income families living in substandard conditions find safe and sustainable housing. Create a listing of approved and inspected city apartments that are ready for occupancy Create a job bank
Creating a more walkable community by adding and fixing sidewalks around the downtown and low income areas Building a city that is inclusive, resilient and sustainable Education and Health Start up programs geared towards substance abuse Partnership with Connellsville’s Highlands Hospital and the Wesley Health Clinic to create stop smoking programs Work with Connellsville Community Ministries who administers the Food Bank to not accept any sugar laden products such as donuts that could be used to further the appeal of junk food for low income families. – Fayette County is second county in the state with the highest diabetic rates. Partnership with the Connellsville Carnegie Free Library to give children of low income families a safe place to use the internet and attend programs geared to learning Expand the local farmers market to encourage eating fresh produce Community Safety Create a listing of trouble properties where drug dealers reside and are arrested
APPENDIX – CITY OF ALLENTOWN PRESALE INSPECTION ORDINANCE
The fee to reinstate a revoked Residential Rental Registration or a Residential Rental License shall be One Hundred ($100) Dollars per residential rental unit. (14047 §1 12/10/02; 14436 §1 11/7/06; 14737 §1 8/24/2009) B.
PENALTIES
1. Revocation of Residential Rental Registration or Residential Rental License: A fine of not less than Five Hundred ($500) Dollars per residential rental unit for each month the violation exists. Each month the violation exists constitutes a separate violation. A fine shall not be sought for any period during which the residential rental unit is vacant and the owner, operator, responsible agent or manager is taking appropriate action to correct the violations. (14436 §1 11/7/06) 2. Failure to Register, or Failure to Seek a Residential Rental License (for newly constructed, newly created or substantially rehabilitated residential rental units): The owner, responsible agent or manager shall be sent a Thirty (30) Day Notice of Violation, warning them of their failure to comply with the terms of this Article. If they do not comply at the end of thirty (30) days, there shall be a fine of not less than Five Hundred ($500) Dollars per residential rental unit for each month the violation exists. Each month the violation exists constitutes a separate violation. 3. There shall be a penalty fee of Five Hundred ($500.00) dollars for the unauthorized removal of any official notice or placard placed on a property by an official from the City of Allentown, including but not limited to a notice posting a property as uninhabitable or being an illegal unit. Any unpaid charges relative to this penalty may be subject to a lien being placed upon the property. (14820 § 9/17/2010; 15120 § 3/19/2014) 4. There shall be a penalty fee of One Thousand ($1,000.00) dollars for occupying, or allowing to be occupied any unit that has been identified by the City as “unfit for human habitation” or “occupancy unlawful”. Any unpaid charges relative to this penalty shall be subject to a lien being placed upon the property. (14820 §1 9/17/2010) 5. There shall be a penalty fee of One Thousand ($1000.00) dollars for each unit identified by the City as an illegal unit. Any unpaid charges relative to this penalty shall be subject to a lien being placed upon the property. (14820 §1 9/17/2010; 15120 § 3/19/2014) C.
FINES/LEGAL ACTIONS (15022 §1 10/23/12)
1. Whoever violates any provision of this Code or any Section of this Code shall upon a first offense be fined not more than One Thousand ($1,000) Dollars or imprisoned not more than ninety (90) days, or both. (15022 §1 10/23/12) 2. If, after any conviction for violation of this Code or any lawful order issued pursuant thereto, such person continues violation, then such person shall be liable for further prosecution, conviction, and punishment without any necessity of the Public Officer to issue a new notice of violation or order, and until such violation has been corrected. 15022 §1 10/23/12) 3. In addition to prosecution of persons violating this Code, the Public Officer, or the Bureau of Law or any duly authorized agent of the City may take such civil or equitable remedies in any court of record of the Commonwealth of Pennsylvania, against any person or property, real or person, to effect the provisions of this Code. (14737 §1 8/24/2009; 15022 §1 10/23/12)) (A section of the initiative also states that the Department of Community Development shall be responsible for promulgating rules and regulations to carry out Article 1759.) ARTICLE 1760 PRE-SALES INSPECTION OF RESIDENTIAL PROPERTIES AND UNITS 1760.01 1760.02 1760.03 1760.04 1760.05 1760.06 1760.98 March 2018
Purpose Definitions Inspections Required Compliance Abatement of Violations Guarantee Severability
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1760.99 Fees/Penalties Created by Ordinance No. 14561 §1 12/20/07 1760.01 Purpose To protect and improve the public health and safety by causing all residential properties and units to be inspected for compliance prior to transfer of title with the standards for basic safety and maintenance as found in the City of Allentown Property Rehabilitation and Maintenance Code and the allowable use designation according to the City of Allentown Zoning Ordinance. To make sellers aware and to notify buyers of property defects as related to the applicable Codes. 1760.02 Definitions The following definitions are hereby added to section 1742.03 – Definitions. Inspection Report means a Notice of Violation which is issued to a seller of residential property or units upon inspection by the public officer as required under Article 1760. The Inspection Report shall list any discovered or uncorrected violations of the Allentown Property Rehabilitation and Maintenance Code and the allowable use designation according to the City of Allentown Zoning Ordinance. The Inspection Report shall expire one year from the date of original inspection. (14737 §1 8/24/2009) Certificate of Occupancy means a certificate issued by the public officer at compliance with the standards in the City of Allentown Property Rehabilitation and Maintenance Code and the allowable use designation according to the City of Allentown Zoning Ordinance following inspection of such property as required by this Ordinance. ordinance.
Temporary Certificate of Occupancy means a certificate issued at compliance with section 1760.05(2) of this
Transfer of Title means the conveyance of ownership, either in whole or in part, of real estate whether by will, voluntary or involuntary transfer, or any other means. Unfit for Human Habitation means a dwelling, dwelling unit or rooming unit which is dangerous or detrimental to life or health because it is dilapidated, unsanitary, unsafe, vermin-infested or lacking in the facilities and equipment standards according to the City of Allentown Property Rehabilitation and Maintenance Code, as designated by the City of Allentown Bureau of Building Standards and Safety. 1760.03 Inspections Required A. The seller of any residential property in the City of Allentown is hereby required to secure the Inspection Report from the City of Allentown prior to the transfer of title. The seller of the property or their agent shall have five (5) business days from the date of listing, or offer to sell, to request an inspection from the Bureau of Building Standards and Safety and pay the appropriate fee for said inspection. Upon inspection, an Inspection Report shall be prepared and issued by the public officer, within three (3) business days. Failure of the seller to comply with this subsection and/or refusal to provide access to the public officer for inspection upon reasonable notice shall be deemed a violation of this Ordinance. B. In the event that any transfer of title occurs without an inspection having been conducted under the requirement in Article 1760.03 A, the buyer is responsible for obtaining the Inspection Report, to include paying the appropriate fee for said inspection. (14737 §1 8/24/2009) 1760.04 Compliance A. Notices shall be issued as required in the City of Allentown Property Rehabilitation and Maintenance Code. A Certificate of Occupancy shall be issued by the public officer upon compliance with the City of Allentown Property Rehabilitation and Maintenance Code and the allowable use designation according to the City of Allentown Zoning Ordinance. A Temporary Certificate of Occupancy shall be issued by the public officer upon compliance with Section 1760.05(2) of this Ordinance. The public officer shall not issue a Temporary Certificate of Occupancy for a residential property if the property is unfit for human habitation. B. The buyer and/or their agent, shall within three (3) business days of transfer of title, provide to the City of Allentown Bureau of Building Standards and Safety, the buyers name, address and date of transfer. C. All properties subject to Article 1759 of the City of Allentown Property Rehabilitation and Maintenance Code must comply with both the provisions of Article 1759 as well as the provisions of Article 1760. 1760.05 March 2018
Abatement of Violations
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In the event that the violation of the City of Allentown Property Rehabilitation and Maintenance Code exist in or upon the premises, such violations shall be addressed by either: (1)
The seller abating the violations prior to the transfer of title; or
(2)
The buyer executing a notarized statement acknowledging: (a)
Receipt of the Inspection Report; and
(b)
That such buyer who shall use the premises as their single-family, owner occupied, primary residence shall begin to abate the violations set forth in the Buyer Notification Report within 30 days of taking possession and shall fully comply the premise within six months of taking possession; or
(c)
All buyers not covered under 1760.05(2)(b) shall abate the violations set forth in the Inspection Report under the provisions of the City of Allentown Property Rehabilitation and Maintenance Code. (14737 §1 8/24/2009)
1760.06 Guarantee Compliance with City of Allentown Property Rehabilitation and Maintenance Code does not indicate compliance with any other standard or Code. Permits are required for work done to comply with the Code. Appropriate fees apply. There is no guarantee made or liability of any kind assumed by the City of Allentown under this Article as a result of the inspection of any property or the issuance of a Inspection Report. 1760.98 Severability The provisions of this Code are severable and if any provision of this Code is held unconstitutional or illegal the remaining provision of this Code shall in no way be affected or impaired. 1760.99 Fees/Penalties A. All fees must be paid prior to scheduling inspections or re-inspections, except upon application to the Bureau of Building Standards and Safety providing sufficient proof of economic hardship, in which case, such fees shall be paid at time of transfer or sale. Fees for inspections made pursuant to these requirements shall be: 1. $100 per property up to and including three (3) units. An additional Twenty-Five ($25) Dollars will be charged for each unit over three (3). This fee includes one (1) re-inspection. (15404 §1 12/6/2017) 2. Seventy-Five ($75) Dollars for each second presale re-inspection fee per unit. (15404 §1 12/6/2017) 3. One Hundred Fifty ($150) Dollars for each third and subsequent presale re-inspection fee per unit. (15404 §1 12/6/2017) B. Fees for inspection shall be amended from time to time, no more frequently than annually, after a public hearing and with approval of City Council. C. Penalties Property owners who violate any provisions of this Article shall be subject to a minimum fine as follows: 1. First violation: Written Notice of Violation 2. Second Violation: A fine of Five Hundred ($500.00) dollars. 3. Third violation: A fine of Seven Hundred Fifty ($750.00) dollars 4. Fourth and each subsequent violation thereafter shall be a fine of One Thousand ($1,000.00) dollars (14737 §1 8/24/2009)
____________________________________________________________________________________________________________ March 2018
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ADDENDUM TO RESIDENTIAL RENTAL AGREEMENT This Addendum to Residential Rental Agreement is made this __________ day of _______________, __________, and is incorporated into and shall be deemed and amend and supplement the Residential Rental Agreement made by the undersigned Tenant and Landlord, their heirs, successors and assigns, dated ________________________. The Residential Rental Agreement and this Addendum pertaining to the premises described in said agreement and located at _______________________________________. This Addendum is required by Section 1759.03(A) of the Certification of Residential Rental Units Ordinance of the City of Allentown. ADDITIONAL COVENANTS AND OBLIGATIONS In addition to the covenants and obligations set forth in the aforementioned Residential Rental Agreement, Tenant and Landlord hereby covenant and agree as follows: A.
Landlord's Covenants and Obligations: 1. Landlord shall keep and maintain the leased premises in compliance with all applicable Codes and Ordinances of the City of Allentown and all applicable state laws and shall keep the leased premises in good and safe condition. 2. The manager for the leased premises shall be as follows: _____________________________________________ Name
________________________________ Telephone Number
_____________________________________________ Address 3. The Landlord shall be responsible for regularly performing all routine maintenance, including lawn mowing and ice and snow removal, and for making any and all necessary repairs in and around the leased premises, except for any specific tasks which the parties hereby agree shall be delegated to the Tenant and which are identified as follows: 4. 5. Pennsylvania. B.
The Landlord shall promptly respond to reasonable complaints and inquiries from the Tenant. The Landlord shall comply with all applicable provisions of the Landlord-Tenant Act of the Commonwealth of
Tenant's Covenants and Obligations: 1. Tenant shall comply with all applicable Codes and Ordinances of the City of Allentown and all applicable state laws.
2. Tenant agrees that the maximum number of persons permitted within the regulated rental unit at any time shall be ____________ and the maximum number of persons permitted within the common areas of the leased premises at any time shall be ____________. 3. Tenant shall dispose of all rubbish, garbage and other waste from the leased premises in a clean and safe manner and shall separate and place for collection all recyclable materials in compliance with the City of Allentown's Solid Waste and Recycling Ordinances. 4. Tenant shall not engage in any conduct on the leased premises which is declared illegal under the Pennsylvania Crimes Code or Liquor Code, or the Controlled Substance, Drug, Device and Cosmetic Act, nor shall Tenant permit others on the premises to engage in such conduct. 5. Tenant shall use and occupy the leased premises so as not to disturb the peaceful enjoyment of adjacent or nearby premises by others. 6. and tear. March 2018
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7. Tenant shall not engage in, nor tolerate nor permit others on the leased premises to engage in "disruptive conduct" which is defined as "any form of conduct, action, incident or behavior perpetrated, caused or permitted by any occupant or visitor of a residential rental unit that is so loud, untimely (as to hour of the day), offensive, riotous or that otherwise disturbs other persons of reasonable sensibility in their peaceful enjoyment of their premises or causes damage to said premises, such that a report is made to a Police Officer and/or a Public Officer complaining of such conduct, action, incident, or behavior. It is not necessary that such conduct, action, incident or behavior constitute a criminal offense, nor that criminal charges be filed against any person in order for said person to have perpetrated, caused or permitted the commission of disruptive conduct as defined herein. Provided, however, that no disruptive conduct shall be deemed to have occurred unless a Public Officer or a Police Officer shall investigate and make a determination that such did occur, and keep written records, including a Disruptive Conduct Report of such occurrence. The tenant and the owner, operator, responsible agent or manager shall be notified of any such occurrences in writing." 8. Tenant acknowledges and agrees that this tenancy is subject to the provisions of the Certification of Residential Rental Units Ordinance of the City of Allentown and that the issuance by a Public Officer or Police Officer of the City of Allentown of three (3) disruptive conduct reports in any twelve (12) month period relating to the leased premises or any violation of Landlord Tenant Act relating to drug offenses set forth in 68 P.S. 205.505A, shall constitute a breach of the rental agreement of which this addendum is a part. Upon such breach, Landlord shall have the right and option to pursue any and all of the following remedies: a. Termination of the rental agreement without prior notice; and b. Bring an action to recover possession of the leased premises without abatement of rents paid, including reasonable attorney's fees and costs; and c. Bring an action to recover the whole balance of the rent and charges due for the unexpired lease term, including reasonable attorney's fees and costs; and d. Bring an action for damages caused by Tenant's breach, including reasonable attorney's fees and costs. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above written. ________________________________ WITNESS _________________________________ WITNESS _________________________________ WITNESS _________________________________ TENANT _________________________________ TENANT _________________________________ TENANT
March 2018
____________________________________ WITNESS ____________________________________ WITNESS ___________________________________ WITNESS ___________________________________ TENANT ___________________________________ TENANT ____________________________________ TENANT
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APPENDIX A Section 205.505A of the Landlord Tenant Act 68 P.S. 205.101 et seq. is reprinted below to provide notice of the provisions. § 250.505-A. Use of illegal drugs (a)
The following acts relating to illegal drugs shall be a breach of condition of the lease and shall be grounds for removal of the tenant from a single-family dwelling, apartment, multiple dwelling premises or tenement building:
1.
The first conviction for an illegal sale, manufacture or distribution of any drug in violation of the act of April 14, 1972 (P.L. 233, No. 64), known as “The Controlled Substance, Drug, Device and Cosmetic Act.” [FN1] on a single-family dwelling or any portion of the multiple dwelling premises or tenement; 2. The second violation of any of the provisions of “The Controlled Substance, Drug, Device and Cosmetic Act” on a single-family dwelling or any portion of the multiple dwelling premises or tenement; 3. The seizure by law enforcement officials of any illegal drugs on the leased premises in the single-family dwelling or multiple dwelling premises or tenement. (b) Failure to remove any tenant for violation of any of the provisions of subsection (a) shall not act as a waiver of the landlord’s rights with regard to the same or an other tenant relating to any subsequent acts. CREDIT(S) 1951, April 6, P.L. 69, No. 20, § 505-A, added 1990, Dec. 20, P.L. 1465, No. 221, § 2, effective in 60 days. Editorially renumbered from § 250.555 in 1993. [FN1] 35 P.S. § 780-101 et seq.
March 2018
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APPENDIX - SUGGESTED CRITERIA FOR EVALUATING PROPERTIES FOR DEMOLITION
Points 25 20 15 10 7 7 5 3 3 3 2 100
Suggested Criteria For Evaluating Properties for Demolition Property has documented conditions that jeopardize public health and/or safety Reputable buyer has expressed interest in buying the property and returning it to productive use Property is needed for redevelopment project being pursued by city Property has been cited for multiple code violations and has been condemned by the City Property is located on a gateway street Property is located in a stable neighborhood  Property is located in a transitional neighborhood Property is located in a challenged neighborhood Property is a corner property located at the intersection between two streets Property is not a historical or architectural resource Property has been owned by the same individual for at least 12 months
APPENDIX – SAMPLE ACTION PLAN
ACTION PLAN FOR LAND BANK Strategy and Tasks
Strategy 1. Establish a Land Bank
Lead Organization
Time Frame for Accomplishment
$ Resources Required $20,000 seed money
Mayor and City
Task a. Meet with County to discuss Land Bank planning and begin discussions on ICA
May 1
none
Task b. Prepare a preliminary budget for years 1-3 of Land Bank operations
May 15
none
Task c. Apply for grants for seed money for the Land Bank
June 1
none
Task d. Draft Land Bank formation documents and acquisition and disposition policies and procedures
June 15
none
Task e. Outreach and briefings for County, School District, Council, key stakeholders, and public
Ongoing June 15 to Sept 1
none
Task f. Prepare a Business Plan and Budget for the Land Bank
July 15
none
Task g. Reach agreement with County and School District on terms of ICA
Aug 1
none
Task h. Present Land Bank ordinance to Council for consideration and approval
Sept 1
none
Measurements of Success Land Bank ordinance adopted and ICA with tax bodies executed.