LUZERNE COUNTY COUNCIL PUBLIC HEARING May 10, 2016 Council Meeting Room Luzerne County Court House 200 North River Street Wilkes-Barre, Pa.

LUZERNE COUNTY COUNCIL PUBLIC HEARING May 10, 2016 Council Meeting Room Luzerne County Court House 200 North River Street Wilkes-Barre, Pa. 18711 6:45 PM CALL TO ORDER PLEDGE OF ALLEGIANCE AND MOMENT OF SILENCE ROLL CALL PUBLIC COMMENT ON PROPOSED ORDINANCE CREATING A BLIGHTED PROPERTY REVIEW COMMITTEE AND ALLOWING FOR THE ACQUISITION AND DISPOSITION OF REAL PROPERTY UNDER CERTAIN CONDITIONS. ADJOURNMENT Each speaker shall have three (3) minutes to address the Agenda item. Each speaker is asked to submit a Speaker Card before the first speaker is called and to limit individual comments to three (3) minutes. Speakers may not yield or transfer their time to another speaker.

NO. 2016- ORDINANCE An Ordinance of the County of Luzerne Creating a Blighted Property Review Committee and Allowing for the Acquisition and Disposition of Real Property under Certain Conditions WHEREAS, Section 2.09.B. of the Luzerne County Home Rule Charter states that County Council shall have and may exercise, but shall not be limited to, the power to create an authority, board, commission and the functions, powers, and duties thereof in accordance with applicable law and the Home Rule Charter; and WHEREAS, the Redevelopment Authority of Luzerne County (the Redevelopment Authority ) was incorporated on July 12, 1962; and WHEREAS, the establishment of a Blighted Property Review Committee is provided for in the Urban Redevelopment Law, 1945, May 24, P.L. 991, as amended (the Act ); and WHEREAS, it is in the best interest of the citizens of the County of Luzerne that a Blighted Property Review Committee be created and empowered to certify to the Redevelopment Authority of Luzerne County blighted properties within the County of Luzerne so that the Redevelopment Authority may consider holding, clearing, managing or disposing of property for potential residential and related reuse and commercial or industrial reuse, as such authority is set for under the Act; and NOW, THEREFORE, BE IT ORDAINED, by County Council of the County of Luzerne, as follows: I. PURPOSE The purpose of these provisions is to establish a Blighted Property Review Committee of the County of Luzerne to implement the provisions of the Act and to promote the reuse of blighted properties with the boroughs and townships of the County of Luzerne. This Blighted Property Review Committee shall be known as the Luzerne County Blighted Property Review Committee (hereinafter Committee ). II. DEFINITIONS As used in this Ordinance, the following words or phrases shall have the meaning set forth below: Authority or Redevelopment Authority. The Redevelopment Authority of Luzerne County, Pennsylvania, a public body and a body corporate and politic created on July 12, 1962 Luzerne County Council Public Hearing May 10, 2016 Agenda Page 1 of 13

pursuant to the provisions of the Urban Redevelopment Law, 1945, May 24, P.L. 991, as amended. 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 or property maintenance 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 structures. 3. Any dwelling which because it is dilapidated, unsanitary, unsafe, vermin infested, or lacking in the facilities and equipment required by the property maintenance or related code of any municipality, has been designated by the department responsible for enforcement of the code as unfit for human habitation. 4. 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. 5. Any structure which is a fire hazard, or is otherwise dangerous to the safety of persons or property. 6. Any vacant or unimproved lot or parcel of ground, situated within or located in close proximity to a residential 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. 7. Any property which is vacant, which has not been rehabilitated within one year of the receipt of notice to rehabilitate from a municipal code enforcement agency. 8. Any abandoned property. A property shall be considered abandoned if: a. It is a vacant or unimproved lot or parcel of ground on which a municipal lien for the cost of demolition of any structure located on the property remains unpaid for a period of six (6) months; b. It is a vacant property or vacant or unimproved lot or parcel of ground on which the total of municipal liens on the property for tax or any other type of claim of the municipality are in excess of 150% of the fair market value of the property as established by the Luzerne County Tax Assessment Office; or Luzerne County Council Public Hearing May 10, 2016 Agenda Page 2 of 13

c. The property has been declared abandoned by the owner, including an estate that is in possession of the property. County. The County of Luzerne, Pennsylvania. County Council. County Council for the County of Luzerne. County Planning Commission. The Planning Commission of the County of Luzerne. Municipal/Municipality. The County of Luzerne or any borough or township located within the County of Luzerne. Municipal Planning Commission. The local municipal planning commission. Redevelopment Contract. A contract between the Redevelopment Authority and the redeveloper for the redevelopment of an area under the provisions of the Urban Redevelopment Law of 1945, as amended. Residential and Related Use. Residential and related use shall include residential property for sale or rent and related uses, including but not limited to, park and recreation areas, neighborhood community service, and neighborhood parking lots. III. LEGISLATIVE FINDINGS. (a) There exists within the boroughs and townships of the County, properties which have become derelict, abandoned, or unfit for human habitation or other use by reason of age, obsolescence, prolonged vacancy, dilapidation, deterioration, lack of maintenance and care or general neglect (hereinafter Derelict Properties ). (b) Such Derelict Properties both individually and collectively constitute a blight and nuisance in County neighborhoods and create health, fire and safety hazards. (c) Such Derelict Properties, in many cases, are used for criminal purposes. (d) Such Derelict Properties constitute unreasonable interference with the reasonable and lawful use and enjoyment of other properties in County neighborhoods, are harmful to the social economic wellbeing of the County, depreciate property values and generally jeopardize the health, safety, and welfare of the public. (e) 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. (f) Eminent domain is a proper public purpose which will promote public health, safety, and welfare. (g) The creation of a Blighted Property Review Committee, pursuant to the Urban Redevelopment Law of 1945, as amended, will provide for a process of certification to Luzerne County Council Public Hearing May 10, 2016 Agenda Page 3 of 13

the Redevelopment Authority of blighted properties for the Redevelopment Authority to consider holding, clearing, managing, or disposing of property for residential related reuse and commercial or industrial reuse. IV. COMPOSITION OF COMMITTEE The Committee shall consist of five (5) members, holding four (4) year terms to be staggered, as follows: (a) One (1) member of County Council. (b) The County Manager or his/her designated representative. (c) A representative from the Redevelopment Authority, appointed by County Council. (d) Council. A representative from the County Planning Commission, appointed by County (e) A resident of the County, appointed by County Council. V. ADMINISTRATION AND LEGAL ADVICE Administrative functions of the Committee shall be provided by the Redevelopment Authority. In addition, the Redevelopment Authority shall also provide the Blighted Property Review Committee with access to a Solicitor in order to provide the Committee with legal advice when necessary. VI. CERTIFICATION The Committee, upon consultation with the Municipal Planning Commission and the County Planning Commission, upon making a determination that any property is blighted with the terms of this Ordinance and the Act, may certify said blighted property to the Redevelopment Authority, except that: (a) No property shall be certified to the Redevelopment Authority unless it is vacant. A property shall be considered vacant if: (i) The property is unoccupied or its occupancy has not been authorized by the owner of the property. (ii) In the case of an unimproved lot or parcel of ground, a lien for the cost of demolition of any structure located on the property remains unpaid for a period of six (6) months. (iii) In the case of an unimproved lot or parcel of ground, the property has remained in violation of any provision of local building, property maintenance or related codes applicable to such lots or parcels, including licensing requirements, for a period of six (6) months. Luzerne County Council Public Hearing May 10, 2016 Agenda Page 4 of 13

(b) No property shall be certified to the Redevelopment Authority unless the owner of the property or an agent designated by him/her 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 and the Act. Notice shall be served upon the owner or his/her agent in accordance with the rules and regulations established by the Committee. The owner or his/her agent shall have the right to 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 has expired and no appeal has been taken, or if taken, the appeal has been disposed of, and the owner or his/her agent has failed to comply with the order of the Committee or the Court. VII. NOTICE OF DETERMINATIONS The service of Notice of Determination of blight by the Committee shall be served by the Redevelopment Authority, at a minimum, through the following methods: (a) Service by Regular First Class Mail and Certified Mail at the last known address of the owner of record; and (b) Posting of said Notice upon the property that has been determine blighted, record of said posting being made by photograph. (c) If the Committee is unsuccessful in its attempts to serve notice upon the owner of record as provided in (a) and (b) above, Notice of the Determination of Blight shall be advertised in a newspaper of general circulation. VIII. APPEAL OF DETERMINATION OF BLIGHT Any owner or person who is aggrieved by the ruling of the Committee that their property has been determined blighted for the reasons set forth in this Ordinance, may appeal the decision as hereinafter stated. The appeal shall be in the form prescribed by the Committee and shall state the specific reasons for the appeal. The appeal must be filed with the Committee, in writing within thirty (30) days of the date of the receipt of the determination of blight by said owner or his/her agent. Appeals shall be filed at the office of the Redevelopment Authority. The fee for appeal shall be established by resolution of the Committee. The required fee shall be payable to the Redevelopment Authority and must accompany the appeal. IX. RULES AND REGULATIONS Luzerne County Council Public Hearing May 10, 2016 Agenda Page 5 of 13

The Committee, in consultation with the Redevelopment Authority, may promulgate and implement rules and regulations, not inconsistent with this Ordinance and the Act, to fulfill the duties, obligations, and administration of the Act and this Ordinance by the Redevelopment Authority. X. OTHER FUNCTIONS OF THE COMMITTEE (a) The Committee 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 Committee. (b) The Committee may advise, at its own discretion, the County and the Redevelopment Authority in matters relating to the provision of financial, advisory, and technical rehabilitation assistance affecting reinvestment of properties acquired through the certification process of the Committee. (c) The Committee 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 acquired through the certification process of the Committee. (d) The Committee may advise, at its own discretion, appropriate agencies in matters relating to the disposition of publicly owned properties in the County. (e) The Committee 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 by the County by such agencies. (f) The Committee shall cooperate with the citizens and local municipalities of Luzerne County in addressing blighted property issues throughout Luzerne County. (g) The Committee and the Redevelopment Authority may do any other acts necessary to fulfill the duties, obligations, and administration of the Act and this Ordinance. XI. 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 Act, but at least thirty (30) days prior to the acquisition of any property, the Redevelopment Authority shall transmit identification of the Luzerne County Council Public Hearing May 10, 2016 Agenda Page 6 of 13

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 shall be disposed of under a redevelopment contract in accordance with the provisions of the Act. (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. XII. REPEALER. All other ordinances or parts of ordinances enacted prior to this Ordinance and inconsistent herewith are hereby repealed. XIII. EFFECTIVE DATE. This Ordinance shall take effect on the fifteenth (15 th ) day following its enactment. NOW, THEREFORE BE IT ENACTED AND ORDAINED BY THE LUZERNE COUNTY COUNCIL, as follows: The Luzerne County Blighted Property Review Committee is hereby created subject to the terms and conditions stated above. ENACTED AND ORDAINED this day of 2016. LUZERNE COUNTY COUNCIL ATTEST: Sharon Lawrence, Clerk to County Council Linda McClosky Houck, Chair Tim McGinley, Vice-Chair Luzerne County Council Public Hearing May 10, 2016 Agenda Page 7 of 13

All: Attached hereto is the revised Blighted Property Review Committee Ordinance. I revised the Ordinance to include access to a Solicitor and made some typographical changes. In regards to the remaining issues that were discussed (namely the composition of the Committee and references to local municipal planning commissions), a review of my notes, the statute and applicable case law indicate that the Ordinance is Home Rule Charter compliant as is. It is also set up to comply with the Urban Redevelopment Law as the formation of the Committee and the process for blight removal is very statute driven. 8.03.E. of the Home Rule Charter states "except to the extent this Charter or applicable law may require or permit an elective County official or County employee to serve on a County authority, no member of any County authority shall hold any elective County office or serve as a County employee..." The Charter allows a member of Council or a County employee to serve on an Authority if the applicable law requires it. In the present situation, the Pennsylvania Urban Redevelopment Law, at 35 P.S. 1712.1(b), specifically sets forth that the composition of a Blighted Property Review Committee will be as set forth in Council's Ordinance creating the Committee, however, the Committee must include "at least one member of the governing body (County Council), a representative of the Redevelopment Authority, a representative of the appropriate planning commission (Luzerne County Planning Commission), and a representative to be designated by the chief executive officer or officers from the executive branch of the government of the municipality (County Manager's office). Furthermore, the Pennsylvania Urban Redevelopment Law, at 35 P.S. 1712.1(a), vests sole power of blight removal under this statute with a Redevelopment Authority. Only the Redevelopment Authority may proceed with the powers under the law. This is also conditioned upon the formation of a Blighted Property Review Committee and the Committee's adherence to the guidelines in the statute. To that end, the Luzerne County Redevelopment Authority is the driving force behind this Ordinance as it is the Authority who holds the power to act under the statute. This committee cannot be an offshoot of the Planning Commission under the law. In response to the references to local municipal planning commissions within the Ordinance, this is also properly included because the local municipal planning commission, in municipalities where there is one, also must certify the property in question as "blighted". Under the Pennsylvania Urban Redevelopment law, at 35 P.S. 1704(a), only Counties (other than first class counties) and Cities of the first, second, second A or third class may form Redevelopment Authorities. Since only Redevelopment Authorities have the power to address blight removal under this statute, the Review Committee would not only be able to address blighted properties under this statute in the municipalities falling under Luzerne County Planning/Zoning code enforcement but in the other boroughs and municipalities with their own codes and enforcement officers as well. Luzerne County Council Public Hearing May 10, 2016 Agenda Page 8 of 13

Let me know if you have any other questions regarding the above/attached. Thank you. Shannon Crake Lapsansky, Esq. Assistant Solicitor Luzerne County Office of Law From: Haas, Harry Sent: Wednesday, April 13, 2016 7:16 AM To: Houck, Linda McClosky; Lawrence, Sharon Cc: Crake, Shannon Subject: Re: April 26 Council meeting and potential interview dates for Manager applicants Hi Linda, If few council members can make the mgr interview, I'd like to keep the Legislative Committee at 5pm on Tuesday, April26 before the regular council session. The only item on the agenda would be the Blight property ordinance. We would invite Andy Reilly and open it to authority members. We would also invite the county planning director. Per last night's discussion, the sections for amending are: IV Composition VI Certification "the municipal planning commission" XI Other Functions Regarding having a solicitor present at meetings. Thanks! Harry Harry Haas Luzerne County Councilman Luzerne County Council Public Hearing May 10, 2016 Agenda Page 9 of 13

URBAN REDEVELOPMENT LAW - AMEND REDEVELOPMENT CONTRACT PROVISIONS, BLIGHTED PROPERTY REMOVAL AND STATUTE OF LIMITATIONS Act of Oct. 2, 2002, P.L. 796, No. 113 Cl. 14 Session of 2002 No. 2002-113 HB 1952 AN ACT Amending the act of May 24, 1945 (P.L.991, No.385), entitled "An act to promote elimination of blighted areas and supply sanitary housing in areas throughout the Commonwealth; by declaring acquisition, sound replanning and redevelopment of such areas to be for the promotion of health, safety, convenience and welfare; creating public bodies corporate and politic to be known as Redevelopment Authorities; authorizing them to engage in the elimination of blighted areas and to plan and contract with private, corporate or governmental redevelopers for their redevelopment; providing for the organization of such authorities; defining and providing for the exercise of their powers and duties, including the acquisition of property by purchase, gift or eminent domain; the leasing and selling of property, including borrowing money, issuing bonds and other obligations, and giving security therefor; restricting the interest of members and employes of authorities; providing for notice and hearing; supplying certain mandatory provisions to be inserted in contracts with redevelopers; prescribing the remedies of obligees of redevelopment authorities; conferring certain duties upon local planning commissions, the governing bodies of cities and counties, and on certain State officers, boards and departments," further providing for provisions of the redevelopment contract and for blighted property removal; and providing for a statute of limitations. The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows: Section 1. Section 11 of the act of May 24, 1945 (P.L.991, No.385), known as the Urban Redevelopment Law, is amended to read: Section 11. Provisions of the Redevelopment Contract.-- (a) The contract between the Authority and a redeveloper shall contain, without being limited to, the following provisions: (1) A legal description of the redevelopment area covered by the contract, and a covenant running with land to the effect that no person shall be deprived of the right to live in the redevelopment project, or to use any of the facilities therein by reason of race, creed, color or national origin, and such other easements, or other rights as are to be reserved therein by the Authority; (2) Plans and such other documents as may be required to show the type, material, structure and general character of the redevelopment project; (3) A statement of the use intended for each part of the project; (4) A guaranty of completion of the redevelopment project within specified time limits; (4-1) A requirement that every contract for construction, installation, alteration, repair of, or addition to, the redevelopment project, where the estimated cost shall exceed [$500.00] $10,000.00, shall contain a provision obligating the Luzerne County Council Public Hearing May 10, 2016 Agenda Page 10 of 13

contractor to the prompt payment of all material furnished, labor supplied or performed, rental for equipment employed, and services rendered by public utilities in or in connection with the prosecution of the work, whether or not, the said material, labor, equipment and services enter into and become component parts of the work or improvement contemplated. Such provision shall be deemed to be included for the benefit of every person, co-partnership, association or corporation, who as subcontractor, or otherwise, has furnished material, supplied or performed labor, rented equipment, or supplied services in or in connection with the prosecution of the work as aforesaid, and the inclusion thereof in any contract shall preclude the filing by any such person, co-partnership, association or corporation of any mechanics' lien claim for such material, labor or rental of equipment, and further requiring that the contractor shall give to the redeveloper an appropriate bond for the prompt payment by the contractor for materials, supplies, labor, services and equipment in such form as the Authority may prescribe; (5) A provision that the redeveloper shall be without power to sell, lease or otherwise transfer the redevelopment area, or project, or any part thereof, without the prior written consent of the Authority, until the Authority shall have certified in writing that the redevelopment project has been completed; (6) The amount of the consideration to be paid by the redeveloper to the Authority; (7) Adequate safeguards for proper maintenance of all parts of the project; (8) Prohibition against discrimination in the use, sale or lease of any part of the project against any person because of race, color, religion or national origin; (9) Such other continuing controls as may be deemed necessary to effectuate the purposes of this act; (b) Any deed or lease to a redeveloper in furtherance of a redevelopment contract shall be executed in the name of the Authority, by its proper officers, and shall contain in addition to all other provisions, such provisions as the Authority may deem desirable to run with the land in order to effectuate the purposes of this act; (c) Any lease to a redeveloper may provide that all improvements shall become the property of the Authority. The execution of such a lease shall not in itself impose upon the Authority any liability for or by reason of the financing, construction, management or operation of any redevelopment project. Section 2. Section 12.1 of the act, amended or added June 23, 1978 (P.L.556, No.94) and March 30, 1988 (P.L.304, No.39), is amended to read: Section 12.1. Blighted Property Removal.-- (a) Notwithstanding any other provision of this act, any Redevelopment Authority shall have the power to acquire by purchase, gift, bequest, eminent domain or otherwise, any blighted property as defined in this section, either within or outside of a certified redevelopment area and, further, shall have the power to hold, clear, manage and/or dispose of said property for residential and related reuse and commercial or industrial reuse. This power shall be exercised in accord with the procedures set forth in this section. (b) Such power on the part of any Redevelopment Authority shall be conditioned upon the creation or existence of a [vacant] blighted property review committee by ordinance of the governing body of the municipality. The committee shall be made up of members as determined in the said ordinance, but shall include at least one member of the governing body, a representative of the Redevelopment Authority, a representative of the appropriate planning commission, Luzerne County Council Public Hearing May 10, 2016 Agenda Page 11 of 13

and a representative to be designated by the chief executive officer or officers from the executive branch of the government of the municipality. (c) 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 the 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 structures. (3) Any dwelling which because it is dilapidated, unsanitary, unsafe, vermin-infested or lacking in the facilities and equipment required by the housing code of the 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, sewerage 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 predominantly 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. (7) Any unoccupied property which has been tax delinquent for a period of two years prior to the effective date of this act, and those in the future having a two year tax delinquency. (8) Any property which is vacant but not tax delinquent, which has not been rehabilitated within one year of the receipt of notice to rehabilitate from the appropriate code enforcement agency. (9) Any abandoned property. A property shall be considered abandoned if: (i) it is a vacant or unimproved lot or parcel of ground on which a municipal lien for the cost of demolition of any structure located on the property remains unpaid for a period of six months; (ii) it is a vacant property or vacant or unimproved lot or parcel of ground on which the total of municipal liens on the property for tax or any other type of claim of the municipality are in excess of 150% of the fair market value of the property as established by the Board of Revisions of Taxes or other body with legal authority to determine the taxable value of the property; or (iii) the property has been declared abandoned by the owner, including an estate that is in possession of the property. (d) 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. (e) The blighted property review committee and the appropriate planning commission, upon making a determination that any property is blighted within the terms of this section, must certify said blighted property to the Redevelopment Authority, except that: (1) No property shall be certified to the Redevelopment Authority unless it is vacant. A property shall be considered vacant if: (i) the property is unoccupied or its occupancy has not been authorized by the owner of the property; (ii) in the case of an unimproved lot or parcel of ground, a lien for the cost of demolition of any structure located on the property remains unpaid for a period of six months; or Luzerne County Council Public Hearing May 10, 2016 Agenda Page 12 of 13

(iii) in the case of an unimproved lot or parcel of ground, the property has remained in violation of any provision of local building, property maintenance or related codes applicable to such lots or parcels, including licensing requirements, for a period of six months. (2) 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 municipality 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 act. The notice shall be served upon the owner or his agent in accord with the provisions of a local ordinance pertaining to service of notice of determination of a public nuisance. The owner or his agent shall have the right of appeal from the determination in the same manner as an appeal from the determination of public nuisance. (3) No blighted property shall be certified to the Redevelopment Authority until the time period for appeal 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 responsible department or other officer or agency. (f) Acquisition and disposition of blighted property under this section shall not require preparation, adoption or approval of a redevelopment area plan or redevelopment proposal as set forth in section 10, but at least thirty days prior to acquisition of any property under this section, the Redevelopment Authority shall transmit identification of the property to the planning commission of the municipality and shall request a recommendation as to the appropriate reuse of the property. The Redevelopment Authority shall not acquire the property where the planning commission certifies that disposition for residential or related use would not be in accord with the comprehensive plan of the municipality. (g) Power of eminent domain shall be exercised pursuant to a resolution of the Redevelopment Authority and the procedure set forth in the act of June 22, 1964 (Sp.Sess., P.L.84, No.6), known as the "Eminent Domain Code," as amended. (h) Property disposed of within a redevelopment area shall be disposed of under a redevelopment contract in accordance with the provisions of this act. 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 3. The act is amended by adding a section to read: Section 19.2. Statute of Limitations.-- Notwithstanding the provisions of 42 Pa.C.S. 5526(4) (relating to five year limitation) or any other provision of law to the contrary, a proceeding to challenge just compensation or other damages if a redevelopment authority has exercised powers of condemnation pursuant to this act and made payment in accordance with section 407(a) or (b) of the act of June 22, 1964 (Sp.Sess., P.L.84, No.6), known as the "Eminent Domain Code," is subject to a one-year statute of limitations. Section 4. The amendment of section 11 of the act shall apply to contracts entered into after the effective date of this act. Section 5. This act shall take effect in 60 days. APPROVED--The 2nd day of October, A. D. 2002. MARK S. SCHWEIKER Luzerne County Council Public Hearing May 10, 2016 Agenda Page 13 of 13