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| PRIOR PRINTER'S NO. 1741 | PRINTER'S NO. 1956 |
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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY ROSS, GINGRICH, CREIGHTON, FREEMAN AND SANTARSIERO, MAY 3, 2011 |
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| AS REPORTED FROM COMMITTEE ON LOCAL GOVERNMENT, HOUSE OF REPRESENTATIVES, AS AMENDED, MAY 24, 2011 |
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| AN ACT |
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1 | Amending the act of July 7, 1947 (P.L.1368, No.542), entitled, |
2 | as amended, "An act, amending, revising and consolidating the |
3 | laws relating to delinquent county, city, except of the first |
4 | and second class and second class A, borough, town, township, |
5 | school district, except of the first class and school |
6 | districts within cities of the second class A, and |
7 | institution district taxes, providing when, how and upon what |
8 | property, and to what extent liens shall be allowed for such |
9 | taxes, the return and entering of claims therefor; the |
10 | collection and adjudication of such claims, sales of real |
11 | property, including seated and unseated lands, subject to the |
12 | lien of such tax claims; the disposition of the proceeds |
13 | thereof, including State taxes and municipal claims recovered |
14 | and the redemption of property; providing for the discharge |
15 | and divestiture by certain tax sales of all estates in |
16 | property and of mortgages and liens on such property, and the |
17 | proceedings therefor; creating a Tax Claim Bureau in each |
18 | county, except counties of the first and second class, to act |
19 | as agent for taxing districts; defining its powers and |
20 | duties, including sales of property, the management of |
21 | property taken in sequestration, and the management, sale and |
22 | disposition of property heretofore sold to the county |
23 | commissioners, taxing districts and trustees at tax sales; |
24 | providing a method for the service of process and notices; |
25 | imposing duties on taxing districts and their officers and on |
26 | tax collectors, and certain expenses on counties and for |
27 | their reimbursement by taxing districts; and repealing |
28 | existing laws," providing for additional costs for |
29 | rehabilitation and maintenance. |
30 | The General Assembly of the Commonwealth of Pennsylvania |
31 | hereby enacts as follows: |
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1 | Section 1. The act of July 7, 1947 (P.L.1368, No.542), known |
2 | as the Real Estate Tax Sale Law, is amended by adding a section |
3 | to read: |
4 | Section 612.3. Additional Costs for Rehabilitation and |
5 | Maintenance.--(a) Notwithstanding any limitations contained in |
6 | section 206, in the case of property exposed to upset sale and |
7 | not sold at upset sale, the bureau may incur, and may recover as |
8 | costs from proceeds prior to any distribution in any subsequent | <-- |
9 | sale to the extent authorized by this or any other act, the |
10 | following: |
11 | (1) Costs of rehabilitation and maintenance as may be, in |
12 | the sole discretion of the bureau, reasonably necessary to |
13 | address safety issues or restore or maintain the property in a |
14 | salable condition. |
15 | (2) Costs of rehabilitation and maintenance necessary to |
16 | ensure the property is maintained in compliance with property |
17 | maintenance codes. |
18 | (b) Nothing in this section shall be construed as creating |
19 | any affirmative duty on the part of the county or bureau to |
20 | rehabilitate or maintain property or as imposing any liability |
21 | on a county or bureau for injuries to persons or property that |
22 | may occur on property subject to rehabilitation and maintenance |
23 | under this section. |
24 | (c) As used in this section, the following terms shall have |
25 | the following meanings: |
26 | (1) "Costs of rehabilitation," costs and expenses for |
27 | construction, stabilization, rehabilitation, demolition and |
28 | reasonable nonconstruction costs, including, but not limited to, |
29 | environmental remediation, architectural, engineering and legal |
30 | fees, permits, financing fees and insurance costs. The term |
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1 | shall not include construction of new structures. |
2 | (2) "Costs of maintenance," costs and expenses for materials |
3 | and services related to the upkeep or preservation of the |
4 | condition of the property, including ordinary and necessary |
5 | repairs. |
6 | (3) "Property maintenance codes," municipal ordinances which |
7 | regulate the maintenance or development of real property. The |
8 | term includes, but is not limited to, building codes, housing |
9 | codes and public safety codes. |
10 | Section 2. This act shall take effect immediately. |
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