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An Ordinance of the County of Allegheny, Commonwealth of Pennsylvania, amending and supplementing the Administrative Code of Allegheny County, Article 701, entitled “Grounds, Properties and Buildings,” §5-701.01, entitled “Record maintenance,” in order to provide for a publicly accessible listing of County properties that may be available for sale.
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Whereas, Allegheny County is the recorded owner of a significant number of property parcels located throughout the County; and
Whereas, the County can acquire ownership of property through a number of processes, but in some cases, the end result is sometimes that the County becomes the owner of parcels for which it has no use or need; and
Whereas, while these parcels are owned by a unit of government, they are fully exempt from property taxation, which adversely impacts the property tax revenues of the County, municipality, and school district in which the properties are located, and therefore also increases the tax burdens of non-exempt taxpayers; and
Whereas, in addition to the deleterious impacts that retaining County ownership has on the tax structure, the County also incurs the costs of maintaining the unusable parcels while it owns them; and
Whereas, from time to time, the County conveys properties of this nature to private buyers, which both eliminates maintenance cost for the County and renders the property taxable (when the purchaser is not also exempt from real property taxes); and
Whereas, these sale transactions are undertaken with legislative approval, pursuant to the terms of Article IV, §2(k) of the Home Rule Charter of Allegheny County and §5-701.03 of the Administrative Code of Allegheny County; and
Whereas, the County has not yet made a listing of properties that may be for sale available to the public as a means of notifying potential buyers and thus facilitating the purchase process; and
Whereas, it is the desire of the Council to provide for such a listing in the Administrative Code provision that already governs record maintenance for County-owned properties;
The Council of the County of Allegheny hereby enacts as follows:
SECTION 1 Amendment of the Code.
The Administrative Code of Allegheny County, Article 701, entitled “Grounds, Properties and Buildings,” §5-701.01, entitled “Record maintenance,” is hereby amended as follows:
ARTICLE 701
Grounds, Properties and Buildings
§ 5-701.01. Record maintenance.
A. The County Manager shall identify the department, which shall maintain a record of all grounds, properties and buildings to permit identification of all property now owned, leased, or hereafter acquired or leased. Within six months of the adoption of this Administrative Code, a complete inventory of fixed assets shall be completed. A complete inventory of fixed assets shall be completed within the final six months of each Chief Executive's administration and shall be made available to the incoming Chief Executive's administration.
B. The County Manager shall cause the department, utilizing the list of properties identified pursuant to the terms of Subsection A and any other relevant information, to compile a list of all parcels of County-owned real property that are deemed potentially eligible for sale, to the extent that such sale would render the parcel(s) to be conveyed subject to property taxation by the County. Such listing shall be completed no later than December 31, 2025 and shall updated at least annually thereafter, and at any other time(s) deemed appropriate by the County Manager. Such listing, together with instructions relating to the purchase process for prospective buyers, shall be posted on the County website and made available to the public free of charge. Nothing contained within this Section shall be deemed to satisfy, eliminate, reduce, or otherwise alter other requirements established by federal, Commonwealth, or County law governing real property conveyances, including but not limited to Article IV, §2(k) of the Home Rule Charter of Allegheny County and the other provisions of this Article.
§ 5-701.02. Acquisition of real property.
A. The County may acquire any real property necessary for carrying out any of its functions.
B. The County shall have authority to obtain title to or possession of land and buildings, and construct new buildings.
C. The approval of County Council shall be required for any action authorized by this section.
D. The approval of the Court of Common Pleas shall not be required for any action authorized by this section.
E. Directors shall first seek authorization from the Manager to enter into any action permitted under this section. The Law Department shall review the proposed action and advise the Manager regarding the terms and conditions.
§ 5-701.03. Authority to sell or lease County-owned real property.
A. The County may sell or lease any County-owned real property necessary for carrying out any of its functions.
B. In the case of any lease of real property, any improvements shall be subject to taxation.
C. The approval of County Council shall be required for any action authorized by this section.
D. The approval of the Court of Common Pleas shall not be required for any action authorized by this section.
E. In the case of a sale or lease to a private party, the Manager shall first determine that it is no longer in the interest of Allegheny County to maintain the property. Secondly, the Manager shall have the property appraised by an independent appraiser to determine fair market value. All costs associated with the appraisal and transaction shall be borne by the private party.
F. Directors shall first seek authorization from the Manager to enter into any action permitted under this section. The Law Department shall review the proposed action and advise the Manager regarding the terms and conditions. County Council shall approve by ordinance any sale or lease.
§ 5-701.04. Authority to acquire personal property.
A. The County may acquire any personal property necessary for carrying out any of its functions.
B. Personal property shall be acquired in accordance with the provisions of Article IX of this Administrative Code.
§ 5-701.05. Authority to sell, lease or dispose of County-owned property other than real property.
A. The County may sell at private sale any County-owned property other than real property valued at not more than $5,000, under terms and conditions prescribed and approved by ordinance.
B. The County may sell any County-owned property other than real property valued at more than $5,000 at public sale under terms and conditions prescribed and approved by ordinance.
C. The County may dispose of any County-owned property other than real property determined by the Controller to have nominal value. All County-owned personal property having nominal value shall be disposed in such manner as shall be approved by the Manager.
D. The County may lease any County-owned property other than real property under terms and conditions prescribed and approved by County Council.
§ 5-701.06. Authority to raze or demolish existing buildings.
A. The County may raze or demolish any existing County building that may be no longer necessary for the carrying out of any of its functions under terms and conditions prescribed and approved by ordinance.
B. The approval of the Court of Common Pleas shall not be required for any action authorized by this section.
SECTION 2. Effective Date.
The provisions of this Ordinance shall become effective immediately upon the date of final approval.
SECTION 3. Severability. If any provision of this Ordinance shall be determined to be unlawful, invalid, void or unenforceable, then that provision shall be considered severable from the remaining provisions of this Ordinance which shall be in full force and effect.
SECTION 4. Repealer. Any Resolution or Ordinance or part thereof conflicting with the provisions of this Ordinance is hereby repealed so far as the same affects this Ordinance.