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Bethlehem, PA Property Maintenance: Property Blight (2026)

Significant Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Governing article
Codified Ordinances § 149.01-149.05
Committee size
Up to 7 members, unpaid
Member terms
4 years, staggered
Appeal deadline
30 days to court of common pleas
Eligible property
Vacant property only
Re-enacted
Ordinance 2016-24, Sept. 6, 2016

Summary

Bethlehem's Blighted Property Review Committee can certify a vacant property as blighted under Article 149, triggering a Redevelopment Authority power to acquire it by purchase, gift, or eminent domain. The city gives owners an order and notice with a deadline to fix the conditions before condemnation follows.

Upon receipt of such recommendations from the Planning Commission and the evidence from reporting City officials and departments that such property may be blighted, and in the event the Blighted Property Review Committee determines that a blighted condition exists, the Committee shall prepare an appropriate Order and Notice... (1) the determination that the property is blighted; and (2) the requirement to eliminate the conditions causing the blight within the stated period of time; and (3) that failure to eliminate the conditions causing the blight within the stated period of time may render the property subject to condemnation under the Urban Redevelopment Law.

Full Breakdown

Article 149 of the Codified Ordinances lets City officials and departments report a possibly blighted property to the Planning Commission, which recommends whether the property appears blighted and shares that recommendation with the seven-member Blighted Property Review Committee (149.03, 149.04(a)). The Committee includes at least one City Council member, a Redevelopment Authority board representative, a mayoral appointee, and a Planning Commission representative, serving staggered four-year terms without compensation. Only vacant property can be certified as blighted; "blighted," "abandoned," and "vacant" property are defined by reference to 35 P.S. § 1712.1(c), (c)(9) and (e)(1) (149.01).

If the Committee finds blight, it must serve an Order and Notice by posting a copy at the property and by hand delivery or mail requiring a signed receipt, stating the blight determination, the deadline to eliminate the conditions, and that failure to do so may subject the property to condemnation under the Urban Redevelopment Law (149.04(b), (c)). The Order and Notice counts as an adjudication under the Local Agency Law, giving the owner 30 days to appeal to the court of common pleas of the county where the property sits, under 2 Pa.C.S. § 752 and 42 Pa.C.S. § 5571(b) (149.04(b)(4)).

If the appeal period lapses without an appeal, or an appeal is resolved against the owner and the conditions still are not fixed, the property is deemed certified as blighted without further proceedings (149.04(d)). Once certified, the Redevelopment Authority may acquire the property by purchase, gift, bequest, or eminent domain, inside or outside a certified redevelopment area, and may hold, clear, manage, or dispose of it for residential, commercial, or industrial reuse, without preparing a full redevelopment area plan as long as the Planning Commission already found the proposed reuse consistent with the comprehensive plan (149.05(a), (b)).

Eminent domain proceeds under the 1964 Eminent Domain Code, and disposition inside a redevelopment area follows a redevelopment contract under 35 P.S. § 1712.1 (149.05(c), (d)). Article 149 was repealed and re-enacted in its entirety by Ordinance 2016-24, passed September 6, 2016.

Violations & Fines

Failure to eliminate the blight conditions within the deadline set in the Committee's Order and Notice exposes the property to condemnation proceedings by the Redevelopment Authority under the Urban Redevelopment Law rather than a fine. Owners who miss the 30-day appeal window, or lose an appeal and still fail to comply, are deemed certified as blighted automatically, clearing the way for acquisition by purchase, gift, or eminent domain.

Frequently Asked Questions

Can Bethlehem take a blighted property from its owner?
Yes. Once the Blighted Property Review Committee certifies a vacant property as blighted and the appeal period expires or an appeal fails, the Redevelopment Authority of the City of Bethlehem may acquire it by purchase, gift, bequest, or eminent domain under Article 149.05(a).
Does an owner get notice before a property is certified blighted?
Yes. The Committee must serve an Order and Notice by posting it at the property and by hand delivery or certified mail, stating the blight finding, the deadline to fix conditions, and the right to appeal within 30 days under 149.04(b) and (c).
Does only occupied property count as blighted under Article 149?
No. Section 149.01(b) specifically bars certifying a property as blighted unless it is vacant, using the state definitions in 35 P.S. § 1712.1.
Where does an owner appeal a blight certification?
To the court of common pleas of the county where the property sits, within 30 days of the Order and Notice, since the Order counts as an adjudication under the Local Agency Law per 149.04(b)(4), citing 2 Pa.C.S. § 752 and 42 Pa.C.S. § 5571(b).

Sources & Official References

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