Title
Resolution authorizing and instructing the Pittsburgh City Controller to perform an audit of the Act 42 Residential, Act 42 Enhanced Residential, Commercial LERTA, Residential LERTA, Residential Enhanced LERTA, and Local Economic Stimulus programs and the administering agencies, departments, authorities, and entities within the Controller's jurisdiction to do so, pursuant to the powers outlined in the Home Rule Charter.
Body
WHEREAS, Article VIII, Section 2 (b) (iii) of the Pennsylvania Constitution permits the General Assembly to "establish standards and qualifications by which local taxing authorities may make uniform special tax provisions applicable to a taxpayer for a limited period of time to encourage improvement of deteriorating property or areas by an individual, association, or corporation;" and
WHEREAS, 72 P.S.? 4722, known as the Local Economic Revitalization Tax Assistance Law (LERTA) grants local taxing authorities the power to exempt new construction or repairs - referred to as an "improvement" - to certain industrial, commercial, and other business property that are deemed to be "deteriorated property;" and
WHEREAS, Per 72 P.S. ? 4724, "improvement" is defined as "repair, construction or reconstruction, including alterations and additions, having the effect of rehabilitating a deteriorated property so that it becomes habitable or attains higher standards of safety, health, economic use or amenity, or is brought into compliance with laws, ordinances or regulations governing such standards. Ordinary upkeep and maintenance shall not be deemed an improvement." Also per 72 P.S. ? 4724, a "deteriorated property" is defined as "any industrial, commercial or other business property owned by an individual, association or corporation, and located in a deteriorating area, as hereinafter provided, or any such property which has been the subject of an order by a government agency requiring the unit to be vacated, condemned or demolished by reason of ...
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