Bethlehem addresses property blight through three layered authorities: (1) locally, Article 1732 (Abandoned Real Property, Ord. 2013-19, effective 8/28/2013) creates a mandatory registry administered by the Bureau of Housing for properties in default, foreclosure, or transferred under deed in lieu, and defines 'Blighted Property' at §1732.02; (2) Article 1733 (Ord. 2017-35/2022-10) adopts the 2018 ICC International Property Maintenance Code with local amendments, including §304.20 boarded-window 60-day rule and §308.4 prohibition on indoor furniture stored outdoors; (3) statewide, Pennsylvania's Neighborhood Blight Reclamation and Revitalization Act (Act 90 of 2010, 53 P.S. §6101) and the Abandoned and Blighted Property Conservatorship Act (68 P.S. §1101) provide additional remedies including extraterritorial owner liability and court-appointed conservatorship.
Bethlehem's blight framework rests on three legal layers. First, Article 1732 of the Codified Ordinances (Abandoned Real Property), established by Ordinance 2013-19 effective August 28, 2013, defines 'Blighted Property' at §1732.02 as property that (a) has broken or severely damaged windows, doors, walls, or roofs which create hazardous conditions and encourage trespassing; (b) whose maintenance is not in conformance with the maintenance of other neighboring properties causing a decrease in value of the neighboring properties; (c) is cited for a public nuisance pursuant to the City Codes; or (d) endangers the public's health, safety, or welfare because the properties are dilapidated, deteriorated, or violate minimum health and safety standards. §1732.08 declares all abandoned real property a public nuisance per se. Second, Article 1733 (Ord. 2017-35 passed 12/05/2017, amended by Ord. 2022-10 passed 5/3/2022) adopts the 2018 ICC International Property Maintenance Code with local amendments at §1733.02 - notably the boarded-window rule at IPMC §304.20 (no plywood-covered windows facing a public way longer than 60 days), the outdoor furniture prohibition at IPMC §308.4 (indoor furniture cannot be stored on porches, in yards, or anywhere exterior, with 48-hour notice before citation), and the local fine schedule at IPMC §106.4 ($200 first / $500 second / $1,000 third+). Third, statewide, Pennsylvania's Neighborhood Blight Reclamation and Revitalization Act (Act 90 of 2010, 53 P.S. §6101 et seq.) gives Bethlehem the power to pursue extraterritorial in personam liability against absentee owners and to deny permits to owners with serious code violations, and the Abandoned and Blighted Property Conservatorship Act (68 P.S. §1101 et seq.) allows the City or a party in interest to petition for court-appointed conservatorship of a blighted building.
Failure to register an abandoned property under §1732.05 (within 10 days of the mortgagee's vacancy inspection) carries the steepest civil penalty schedule in Bethlehem code: §1732.99 sets $1,000 for the first and second violations, $3,000 for the third, $7,000 for the fourth, and $10,000 for the fifth and subsequent violations. A non-refundable annual registration fee of $200 per property applies under §1732.99(a). IPMC violations under Article 1733 carry the §106.4 schedule of $200/$500/$1,000 for first/second/third+ violations, with each continuing day a separate offense. Under §1732.05(i) the City may take necessary action to bring the property into compliance and lien the cost to the property under the Municipal Claims and Tax Liens Act, 53 P.S. §7101. Under §1732.10 an Enforcement Officer may temporarily secure the property at the mortgagee's expense and bring violations before the magistrate; if the mortgagee does not reimburse within 30 days of invoice, the cost plus administrative fee is liened to the property under §1732.10(d). Under PA Act 90 of 2010 (53 P.S. §6121) the City may deny municipal permits to any owner with serious code violations anywhere in the Commonwealth.
Bethlehem, PA
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