Wednesday, June 20, 2018

43. Another Conservatorship Candidate?

A Queen Ann victorian style home that is abandoned and blighted. The slate roof is badly in need of repair. Circa 1900?  It is in the vicinity of the Case Avenue K-12 complex, hospital, vibrant churches, library and the hospital. 

The property has a side lot that is as large as the house's lot. The side lot is overgrown.

The rear of the house shows that it once was once used as a rentatl property.

The rear portion of the house house might be older than the front of the house. There is a separate brick garage at the rear of the property.

Adjacent to the property is a well-maintained circa 1920 home. Its real estate value as all real estate values has been diminished by abandoned and blighted properties in the City of Sharon.

Arguably the house from its outward appearance only appears to be abandoned. How does it fit the definition of blight under the Pennsylvania Abandoned and Blighted Property Conservatorship Act? 

The Act defines blight as being any three of this list to establish blighted condition of the property. Any of the three described conditions establish blight: 1., The Property needs substantial rehabilitation and none has been done the last 12 months. 2.,The blighted property by its existence decreased property values or business activity. 3., The blighted property by its existence is a public nuisance. 4., The property is unfit for occupancy. 5., The property is an attractive nuisance. 6., The property is a health or safety hazard. 7., The property is subject to entry and is dangerous. 8., The property increases fire risk. 

The condition of the properties roof by itself indicates the need for substantial rehabilitation. From its condition there is a presumption that there is likely problems with water infiltration and with it mold. The blighted property merely by its existence decreases property values. As such, it is a public nuisance. The property has met the first three items on the Act's list. Given the condition of the roof it is the likely reason the house is not occupied as it is unfit for occupancy. By being abandoned it creates by that fact an attractive nuisance for break- in, squatting, partying, illegal activity, vandalism, etc. It is likely a health hazard due to the condition of the roof. Being abandoned with likely health risks such as mold the property is dangerous. As it is subject to invasion it is a fire risk by either the result of vandalism or the crime of arson.

The property, merely by observation from public access provided from the public street and alley, is blighted.

If a petition for conservatorship were filed and awarded, the tax delinquency is manageable upon sale as the property is not on the Repository List eligible for Judicial Tax Sale. If the property was burdened with years of say 3, 5, 10, etc. years of accrued real estate taxes then that would be an impediment for a person to pursue a petition.





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