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| PRIOR PRINTER'S NO. 1176 | PRINTER'S NO. 1246 |
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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE BILL |
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| INTRODUCED BY ARGALL, YAW, PIPPY, ERICKSON, RAFFERTY, KASUNIC, WONDERLING, COSTA, O'PAKE, BROWNE, BAKER, FERLO, WASHINGTON, ALLOWAY, BOSCOLA, STACK, EARLL, EICHELBERGER, WILLIAMS, WARD, TOMLINSON, LOGAN AND FOLMER, JUNE 17, 2009 |
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| SENATOR YAW, URBAN AFFAIRS AND HOUSING, AS AMENDED, JULY 1, 2009 |
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| AN ACT |
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1 | Amending Title 53 (Municipalities Generally) of the Pennsylvania |
2 | Consolidated Statutes, providing for neighborhood blight |
3 | reclamation and revitalization. |
4 | The General Assembly of the Commonwealth of Pennsylvania |
5 | hereby enacts as follows: |
6 | Section 1. Title 53 of the Pennsylvania Consolidated |
7 | Statutes is amended by adding a chapter to read: |
8 | CHAPTER 61 |
9 | NEIGHBORHOOD BLIGHT |
10 | RECLAMATION AND REVITALIZATION |
11 | Subchapter |
12 | A. Preliminary Provisions |
13 | B. Actions Against Owner of Blighted Property |
14 | C. Responsibilities of Mortgage Lenders |
15 | D. Permit Denials by Municipalities |
16 | E. Miscellaneous Provisions |
17 | SUBCHAPTER A |
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1 | PRELIMINARY PROVISIONS |
2 | Sec. |
3 | 6101. Short title of chapter. |
4 | 6102. Legislative findings and declaration of policy. |
5 | 6103. Definitions. |
6 | § 6101. Short title of chapter. |
7 | This chapter shall be known and may be cited as the |
8 | Neighborhood Blight Reclamation and Revitalization Act. |
9 | § 6102. Legislative findings and declaration of policy. |
10 | The General Assembly finds and declares as follows: |
11 | (1) It is the intent of the General Assembly to |
12 | eliminate neighborhood blight caused by property owners who |
13 | fail to maintain their property or to comply with municipal |
14 | property maintenance codes. The General Assembly declares |
15 | that it is in the best interest of the Commonwealth, its |
16 | citizens and its municipalities to establish a process as set |
17 | forth under this chapter to effectively deal with blighted |
18 | and abandoned properties in order to bring the properties up |
19 | to code standards, acquire and demolish them or, where cost- |
20 | effective and structurally sound, rehabilitate them and |
21 | return them to productive use. This includes constructing new |
22 | housing on sites that formerly contained blighted properties |
23 | and rehabilitating blighted buildings which have been |
24 | determined to be structurally sound and capable of being |
25 | rehabilitated. |
26 | (2) Pennsylvania's communities are important to this |
27 | Commonwealth's economic health and provide a focal point for |
28 | businesses and services. They also contribute to this |
29 | Commonwealth's quality of life with their rich histories, |
30 | culture, heritage and diversity, along with their parks, |
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1 | recreational attributes and historic buildings and |
2 | architecture. Many of these communities, however, are |
3 | presently being negatively affected by blighted properties |
4 | that either are in use in spite of their deteriorated state |
5 | or have been abandoned. |
6 | (3) Citizens of this Commonwealth living in its |
7 | communities are adversely affected by abandoned and blighted |
8 | residential, commercial and industrial properties, especially |
9 | individuals living or owning property in close proximity to |
10 | unsafe, substandard and deteriorated buildings. |
11 | (4) Substandard, deteriorating and abandoned |
12 | residential, commercial and industrial structures are not |
13 | only a public safety threat and nuisance, their blighted |
14 | condition diminishes property values in the communities in |
15 | which these properties are located. Nearby property owners |
16 | lose equity in their properties, and municipalities lose |
17 | desperately needed property tax revenues for municipal |
18 | services as a result of lower assessed property values which |
19 | result from the presence of blighted and abandoned buildings. |
20 | (5) Blighted properties presently sold at tax sales most |
21 | times remain blighted. When these blighted properties are not |
22 | rehabilitated or demolished immediately, they further |
23 | deteriorate, resulting in increased costs to the Commonwealth |
24 | and its municipalities to secure and demolish them. |
25 | (6) Providing a legislative mechanism to transform |
26 | abandoned and blighted properties into productive reuse |
27 | provides an opportunity for communities in Pennsylvania to be |
28 | revitalized while improving the quality of life for |
29 | individuals who live there. This revitalization includes |
30 | clearing sites of blighted properties and replacing them with |
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1 | new housing, as well as rehabilitating structurally sound |
2 | blighted properties. |
3 | § 6103. Definitions. |
4 | The following words and phrases when used in this chapter |
5 | shall have the meanings given to them in this section unless the |
6 | context clearly indicates otherwise: |
7 | "Abandoned property." A property on which there is a |
8 | building that has not been legally occupied for at least the |
9 | previous 12 months and is a blighted property. |
10 | "Blighted property." Any of the following: |
11 | (1) Premises which, because of physical condition or |
12 | use, have been declared by a court of competent jurisdiction |
13 | as a public nuisance at common law or have been declared a |
14 | public nuisance in accordance with the local housing, |
15 | building, plumbing, fire and related codes and ordinances, |
16 | including nuisance and dangerous building ordinances. |
17 | (2) Premises which, because of physical condition, use |
18 | or occupancy, are considered an attractive nuisance to |
19 | children, including, but not limited to, abandoned wells, |
20 | shafts, basements, excavations and unsafe fences or |
21 | structures. |
22 | (3) A dwelling which, because it is dilapidated, |
23 | unsanitary, unsafe, vermin-infested or lacking in the |
24 | facilities and equipment required under the housing code of |
25 | the municipality, has been designated by the municipal |
26 | department responsible for enforcement of the code as unfit |
27 | for human habitation. |
28 | (4) A structure which is a fire hazard or is otherwise |
29 | dangerous to the safety of persons or property. |
30 | (5) A structure from which the utilities, plumbing, |
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1 | heating, water, sewage or other facilities have been |
2 | disconnected, destroyed, removed or rendered ineffective so |
3 | that the property is unfit for its intended use. |
4 | (6) A vacant or unimproved lot or parcel of ground in a |
5 | predominantly built-up neighborhood which, by reason of |
6 | neglect or lack of maintenance, has become a place for |
7 | accumulation of trash and debris or a haven for rodents or |
8 | other vermin. |
9 | (7) An unoccupied property which has been tax delinquent |
10 | for a period of two years. |
11 | (8) A property which is vacant but not tax delinquent |
12 | and which has not been rehabilitated within one year of the |
13 | receipt of notice to rehabilitate from the appropriate code |
14 | enforcement agency. |
15 | "Building." A residential, commercial or industrial building |
16 | or structure and the land appurtenant to it. |
17 | "Code." A building, housing, property maintenance, fire, |
18 | health or other public safety ordinance enacted by a |
19 | municipality. |
20 | "Commonwealth agency." The Governor, departments, boards, |
21 | agencies, commissions, authorities and other officers of the |
22 | Commonwealth, including those subject to the policy supervision |
23 | and control of the Governor. The term does not include any court |
24 | or other officer or agency of the unified judicial system or the |
25 | General Assembly or any of its officers and agencies. |
26 | "Competent entity." A person or entity, including a |
27 | governmental unit, with experience in the rehabilitation of |
28 | residential, commercial or industrial buildings and the ability |
29 | to provide or obtain the necessary financing for such |
30 | rehabilitation. |
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1 | "Consumer." A person who is a named insured, insured or |
2 | beneficiary of a policy of insurance or any other person who may |
3 | be affected by the Insurance Department's exercise of or the |
4 | failure to exercise its authority. |
5 | "Cost of rehabilitation." Costs and expenses for |
6 | construction, stabilization, rehabilitation, demolition and |
7 | reasonable nonconstruction costs associated with any of these |
8 | projects, including, but not limited to, environmental |
9 | remediation, architectural, engineering and legal fees, permits, |
10 | financing fees and a developer's fee consistent with the |
11 | standards for developer's fees established by the Pennsylvania |
12 | Housing Finance Agency. |
13 | "Court." The appropriate court of common pleas. |
14 | "Department." The Department of Community and Economic |
15 | Development of the Commonwealth. |
16 | "Electronically." Utilizing procedures promulgated by the |
17 | Department of Community and Economic Development to file forms |
18 | and obtain information electronically, provided the information |
19 | is available to the requester under the act of February 14, 2008 |
20 | (P.L.6, No.3), known as the Right-to-Know Law. |
21 | "Insurer," "company," "association" or "exchange." As these |
22 | terms are defined in section 101 of the act of May 17, 1921 |
23 | (P.L.682, No.284), known as The Insurance Company Law of 1921, |
24 | or any entity subject to Article XXIV of The Insurance Company |
25 | Law of 1921, the act of December 29, 1972 (P.L.1701, No.364), |
26 | known as the Health Maintenance Organization Act, or 40 Pa.C.S. |
27 | Ch. 61 (relating to hospital plan corporations) or 63 (relating |
28 | to professional health services plan corporations). |
29 | "License." A permit granted by the Commonwealth or one of |
30 | its agencies which gives permission to the applicant, excluding |
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1 | individuals and businesses regulated by the Bureau of |
2 | Professional and Occupational Affairs, to participate in a |
3 | certain activity or exercise a certain privilege. |
4 | "Licensing" or "certification." The issuance of a license or |
5 | the formal assertion in writing of some fact or qualification |
6 | from the Commonwealth or one of its agencies, excluding the |
7 | Bureau of Professional and Occupational Affairs. |
8 | "Municipality." A city, borough, incorporated town, township |
9 | or home rule, optional plan or optional charter municipality or |
10 | municipal authority in this Commonwealth. The term also includes |
11 | any other governmental entity charged with enforcement of |
12 | municipal housing, building, plumbing, fire and related codes |
13 | and specifically includes a neighborhood improvement district |
14 | and nonprofit corporation created under the act of December 20, |
15 | 2000 (P.L.949, No.130), known as the Neighborhood Improvement |
16 | District Act. |
17 | "Municipal permits." Privileges relating to real property |
18 | granted by a municipality, including, but not limited to, |
19 | building permits, exceptions to zoning ordinances and occupancy |
20 | permits. |
21 | "Nonprofit corporation." A nonprofit corporation that has, |
22 | as one of its purposes, community development activities, |
23 | including economic development or the promotion or enhancement |
24 | of affordable housing opportunities. |
25 | "Owner." The holder or holders of the title to or of a legal |
26 | or equitable interest in residential, commercial or industrial |
27 | real estate. The term includes, but is not limited to, heirs, |
28 | assigns, trustees, beneficiaries and lessees, provided this |
29 | ownership interest is a matter of public record. |
30 | "Property maintenance code." A municipal ordinance which |
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1 | regulates the maintenance or development of real property. The |
2 | term includes, but is not limited to, building codes, housing |
3 | codes and public safety codes. |
4 | "Property maintenance code violation." A violation of a |
5 | municipal property maintenance code. |
6 | "Public nuisance." Property which, because of its physical |
7 | condition or use, is regarded as a public nuisance at common law |
8 | or has been declared by the appropriate official a public |
9 | nuisance in accordance with the local housing, building, health, |
10 | fire or related code. |
11 | "Registry." The Property Maintenance Code Violations |
12 | Registry established under this chapter. |
13 | "Residential building." Real property that consists of not |
14 | less than one nor more than four residential dwelling units. |
15 | "Serious violation." A violation of a housing, building, |
16 | property maintenance or fire safety code that poses an immediate |
17 | threat to the health and safety of a dwelling occupant, |
18 | occupants in surrounding structures or passersby. |
19 | "Substantial step." An affirmative action as determined by a |
20 | municipality on the part of a property owner or managing agent, |
21 | as determined by the municipality, to remedy a violation of a |
22 | housing, building, property maintenance or fire safety code, |
23 | including, but not limited to, physical improvements or |
24 | reparations to the property. |
25 | "Tax delinquent property." Tax delinquent real property as |
26 | defined under the act of July 7, 1947 (P.L.1368, No.542), known |
27 | as the Real Estate Tax Sale Law, located in any municipality in |
28 | this Commonwealth. |
29 | SUBCHAPTER B |
30 | ACTIONS AGAINST OWNER OF BLIGHTED PROPERTY |
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1 | Sec. |
2 | 6111. Actions. |
3 | 6112. Asset attachment. |
4 | 6113. Duty of out-of-State owners of real estate in this |
5 | Commonwealth. |
6 | 6114. Duty of corporate owners. |
7 | § 6111. Actions. |
8 | In addition to other remedies, a municipality may institute |
9 | the following actions against the legal owner or owner of record |
10 | of any building, housing or land in serious violation of an |
11 | ordinance regarding a building or housing code: |
12 | (1) An in personam action may be initiated for a |
13 | continuing violation for which the legal owner or owner of | <-- |
14 | record takes no substantial step to correct within 60 days |
15 | following notification of any violation. |
16 | (2) An action against an the legal owner or owner of | <-- |
17 | record shall be for an amount equal to any penalties imposed |
18 | against the owner legal owner or owner of record and for the | <-- |
19 | amount expended by the municipality to abate the violation. |
20 | (3) A proceeding in equity. |
21 | § 6112. Asset attachment. |
22 | A lien may be placed against the assets of an owner of |
23 | unremediated blighted real property after a judgment, decree or |
24 | order is entered by a court of competent jurisdiction against |
25 | the legal owner or owner of record of the property. |
26 | § 6113. Duty of out-of-State owners of real estate in this |
27 | Commonwealth. |
28 | A person who lives or has a principal place of residence |
29 | outside this Commonwealth, who owns real estate in this |
30 | Commonwealth against which municipal housing code violations |
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1 | have been cited under 18 Pa.C.S. § 7510 (relating to municipal |
2 | housing code avoidance), and who has been properly notified of |
3 | the violations may be extradited to this Commonwealth to face |
4 | criminal prosecution. |
5 | § 6114. Duty of corporate owners. |
6 | Mailing a notice or citation for any property maintenance |
7 | code violation for any property owned by a corporation to the |
8 | mailing address used for real estate tax collection purposes |
9 | shall constitute good service by the municipality. |
10 | SUBCHAPTER C |
11 | RESPONSIBILITIES OF MORTGAGE LENDERS |
12 | Sec. |
13 | 6121. Residential, business or commercial mortgages. |
14 | 6122. Code compliance. |
15 | 6123. Residential mortgages. |
16 | § 6121. Residential, business or commercial mortgages. |
17 | This subchapter shall apply to mortgage loans made for |
18 | residential, business or commercial purposes. |
19 | § 6122. Code compliance. |
20 | (a) Liability assumed.--Sixty days following the entry of a |
21 | foreclosure order or upon surrender of the right to possession |
22 | by a delinquent borrower of a building due to the owner of |
23 | record's default on a mortgage loan, the mortgage lender or |
24 | Federal insurer in possession of the building shall assume legal |
25 | responsibility and liability as the owner of record for all |
26 | exterior municipal housing, building and property maintenance |
27 | code requirements representing the following: |
28 | (1) Serious violations. |
29 | (2) Violations which contribute to blight in a |
30 | neighborhood due to their negative effect on the aesthetic |
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1 | appearance of the structure or the neighborhood. |
2 | (b) Time period.--The time period provided for under |
3 | subsection (a) shall be extended to 120 days following the |
4 | foreclosure of a property due to the owner of record's default |
5 | on a mortgage loan in cases where the mortgage lender or Federal |
6 | insurer has executed a contract to sell the property in question |
7 | or until final action regarding a petition for appointment of a |
8 | conservator filed under the act of November 26, 2008 (P.L.1672, |
9 | No.135), known as the Abandoned and Blighted Property |
10 | Conservatorship Act. |
11 | (c) Exception.-- |
12 | (1) A mortgage lender or Federal insurer in possession |
13 | of a building shall not be subject to subsection (a) if the |
14 | mortgage lender or Federal insurer files a notice with the |
15 | county recorder of deeds assigning the right to possession of |
16 | the property, provided that there is: |
17 | (i) an acceptance of the assignment by the assignee; |
18 | (ii) a foreclosure sale or other disposition of |
19 | property by the mortgage lender or Federal insurer to the |
20 | city, borough, township or incorporated town within which |
21 | the property is located to a municipal housing or |
22 | redevelopment authority organized by the municipality or |
23 | to a nonprofit community organization designated by the |
24 | municipality or a municipal housing or redevelopment |
25 | authority organized by the municipality; and |
26 | (iii) a lien upon the property which takes priority |
27 | over the mortgage lender's or Federal insurer's interest |
28 | in the property to reimburse the municipality, authority |
29 | or nonprofit community organization for the costs of |
30 | bringing the property into compliance with exterior |
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1 | housing, building and property maintenance code |
2 | requirements necessary to comply with subsection (a) |
3 | together with any other reasonable and necessary costs |
4 | incurred by the municipality, authority or community |
5 | development organization to protect or preserve the |
6 | property pending its sale or disposition. |
7 | (2) The notice of assignment shall provide the |
8 | municipality, authority or community development organization |
9 | possession of the property for the purpose of bringing it |
10 | into compliance with property maintenance code requirements |
11 | necessary to comply with subsection (a) and to protect and |
12 | preserve the property pending its final sale or disposition. |
13 | (3) The notice need not be accompanied by a signature, |
14 | acknowledgment or other indication of acceptance of the |
15 | assignment and lien by the municipality, authority or |
16 | community development organization. |
17 | § 6123. Residential mortgages. |
18 | Entities that may grant or insure residential mortgages or |
19 | participate in related activities for purposes of this |
20 | subchapter shall include, but not be limited to, the following: |
21 | (1) A State-chartered bank, bank and trust company, |
22 | savings bank, private bank or national bank, a federally |
23 | chartered or State-chartered savings and loan association, a |
24 | federally chartered savings bank or a federally chartered or |
25 | State-chartered credit union. |
26 | (2) An attorney authorized to practice law in this |
27 | Commonwealth who acts as a mortgage broker in negotiating or |
28 | placing a mortgage loan in the normal course of legal |
29 | practice. |
30 | (3) A person licensed under the act of February 19, 1980 |
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1 | (P.L.15, No.9), known as the Real Estate Licensing and |
2 | Registration Act, who is principally engaged in a third-party |
3 | real estate brokerage business, but only to the extent that |
4 | the person provides information, verbal or written, to, or |
5 | negotiates or places a mortgage loan for, a buyer of real |
6 | estate and is not compensated by the buyer or any other |
7 | person for providing such information or negotiating or |
8 | placing such mortgage loan. If the person is compensated for |
9 | providing the information or negotiating or placing a |
10 | mortgage loan, the person shall be subject to sections 308, |
11 | 310, 311 and 314(b) of the act of December 22, 1989 (P.L.687, |
12 | No.90), known as the Mortgage Bankers and Brokers and |
13 | Consumer Equity Protection Act. |
14 | (4) A seller of a dwelling if the person has resided in |
15 | the dwelling at least one year and as part of the purchase |
16 | price receives a first mortgage executed by the purchaser. |
17 | (5) A person who either originates or negotiates fewer |
18 | than 12 mortgage loans in a calendar year in this |
19 | Commonwealth. |
20 | (6) Builders, when obtaining mortgages for their own |
21 | construction or for the sale of their own construction. |
22 | (7) An agency or instrumentality of the Federal |
23 | Government or a corporation otherwise created by an act of |
24 | Congress, including, but not limited to, the Federal National |
25 | Mortgage Association, the Department of Veterans Affairs, the |
26 | Federal Home Loan Mortgage Corporation and the Federal |
27 | Housing Administration. |
28 | (8) The Pennsylvania Housing Finance Agency. |
29 | (9) A licensee under the act of April 8, 1937 (P.L.262, |
30 | No.66), known as the Consumer Discount Company Act, except |
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1 | that a licensee who makes a mortgage loan other than under |
2 | the provisions of the Consumer Discount Company Act shall be |
3 | subject to the provisions of sections 304(b)(2) and (3), 308, |
4 | 310 and 314(b) of the Mortgage Bankers and Brokers and |
5 | Consumer Equity Protection Act, excluding section 308(a)(1). |
6 | (10) Except for a licensee described under paragraph |
7 | (9), a subsidiary or affiliate of the following institutions: |
8 | (i) State-chartered banks, bank and trust companies, |
9 | savings banks, private banks, savings and loan |
10 | associations and credit unions. |
11 | (ii) National banks. |
12 | (iii) Federally chartered savings and loan |
13 | associations. |
14 | (iv) Federally chartered savings banks. |
15 | (v) Federally chartered credit unions. |
16 | A subsidiary or affiliate set forth under this paragraph |
17 | shall be subject to the provisions of sections 308, 309(a) |
18 | (3), 310 and 314(b) of the Mortgage Bankers and Brokers and |
19 | Consumer Equity Protection Act, excluding section 308(a)(1), |
20 | and shall deliver annually to the Department of Banking |
21 | copies of financial reports made to all supervisory agencies. |
22 | (11) An employee of a licensee or a person designated to |
23 | act on behalf of his employer. |
24 | (12) An insurance company, association or exchange |
25 | authorized to transact business in this Commonwealth under |
26 | the act of May 17, 1921 (P.L.682, No.284), known as The |
27 | Insurance Company Law of 1921, and any subsidiaries and |
28 | affiliates thereof. A subsidiary or affiliate shall: |
29 | (i) be subject to the provisions of sections 308, |
30 | 309(a)(3), 310 and 314(b) of the Mortgage Bankers and |
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1 | Brokers and Consumer Equity Protection Act, excluding |
2 | section 308(a)(1); and |
3 | (ii) deliver annually to the Insurance Department |
4 | copies of financial reports made to all supervisory |
5 | agencies. |
6 | SUBCHAPTER D |
7 | PERMIT DENIALS BY MUNICIPALITIES |
8 | Sec. |
9 | 6131. Municipal permit denial. |
10 | § 6131. Municipal permit denial. |
11 | (a) Denial.-- |
12 | (1) A municipality may deny issuing to an applicant a |
13 | building permit, zoning permit, zoning variance, municipal |
14 | license, municipal permit or municipal approval for |
15 | contemplated action that requires the approval of the |
16 | municipality, if any of the following final and unappealable |
17 | tax, water, sewer or refuse collection delinquencies or code |
18 | violations apply: |
19 | (i) The applicant owns real property in any |
20 | municipality for which taxes, water, sewer or refuse |
21 | collection charges are delinquent. |
22 | (ii) The applicant owns real property in any |
23 | municipality that has been determined to be in serious |
24 | violation of applicable State or municipal housing, |
25 | building, property maintenance or fire safety code |
26 | requirements and has not taken substantial steps to bring |
27 | the property into code compliance. |
28 | (iii) The applicant owns any property in any |
29 | municipality which is in violation of an applicable State |
30 | or municipal housing, building, property maintenance or |
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1 | fire safety code requirement and has taken no substantial |
2 | steps to correct within six months following notification |
3 | of the violation. |
4 | (2) Letters required under this subsection shall be |
5 | verified by the appropriate municipal officials before |
6 | issuing to the applicant a municipal variance, approval, |
7 | permit or license. |
8 | (3) The municipal permit denial shall not apply to an |
9 | applicant's action to correct a violation of an applicable |
10 | State or municipal housing, building, property maintenance or |
11 | fire safety code for which the building permit, zoning |
12 | permit, zoning variance, municipal license, municipal permit |
13 | or municipal approval for contemplated action requiring such |
14 | approval is required. |
15 | (4) The municipal permit denial shall not apply to an |
16 | applicant's delinquency on taxes, water, sewer or refuse |
17 | collection charges that are under appeal or otherwise |
18 | contested through a court or administrative process. |
19 | (b) Proof of compliance.-- |
20 | (1) All municipal variances, approvals, permits or |
21 | licenses may be withheld until an applicant obtains a letter |
22 | from the appropriate State agency, municipality or school |
23 | district indicating the following: |
24 | (i) The property in question is not presently tax |
25 | delinquent. |
26 | (ii) The property in question is now in code |
27 | compliance. |
28 | (iii) The owner of the property in question has |
29 | taken substantial steps to bring the property into code |
30 | compliance. |
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1 | (2) Letters required under this subsection shall be |
2 | verified by the appropriate municipal officials before |
3 | issuing to the applicant a municipal variance, approval, |
4 | permit or license. |
5 | (c) Applicability of other law.--A denial of a building |
6 | permit, zoning permit, zoning variance, municipal license, |
7 | municipal permit or municipal approval for contemplated actions |
8 | that requires approval of a municipality shall be subject to the |
9 | provisions of 2 Pa.C.S. Chs. 5 Subch. B (relating to practice |
10 | and procedure of local agencies) and 7 Subch. B (relating to |
11 | judicial review of local agency action). |
12 | SUBCHAPTER E |
13 | MISCELLANEOUS PROVISIONS |
14 | Sec. |
15 | 6141. Unfair insurance practices. | <-- |
16 | 6142 6141. Education and training programs for judges. | <-- |
17 | 6143 6142. County housing courts. | <-- |
18 | 6143. Conflict with other laws. | <-- |
19 | § 6141. Unfair insurance practices. | <-- |
20 | In addition to the provisions of section 5 of the act of July |
21 | 22, 1974 (P.L.589, No.205), known as the Unfair Insurance |
22 | Practices Act, the act of refusing to issue or renew an |
23 | insurance policy on real property on the basis of the condition |
24 | of surrounding properties or because surrounding properties are |
25 | unoccupied is prohibited as an unfair method of competition and |
26 | unfair insurance practices. |
27 | § 6142 6141. Education and training programs for judges. | <-- |
28 | Available funds shall be used to develop and implement annual |
29 | and ongoing education and training programs for judges, |
30 | including magisterial district judges, regarding the laws of |
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1 | this Commonwealth relating to blighted and abandoned property |
2 | and the economic impact that blighted and abandoned properties |
3 | have upon municipalities. The education and training programs |
4 | shall include, but not be limited to: |
5 | (1) The importance and connection of municipal housing |
6 | code violations and crime. |
7 | (2) Time-in-fact violations as they relate to property |
8 | maintenance code violations. |
9 | (3) Conduct of witnesses in prosecuting property |
10 | maintenance code violations. |
11 | (4) Limiting continuances in property maintenance code |
12 | violations. |
13 | (5) Use of indigency hearings in the prosecution of |
14 | property maintenance code violations. |
15 | § 6143 6142. County housing courts. | <-- |
16 | Upon a request or approval of a resolution by the county |
17 | commissioners, the president judge of a county may establish a |
18 | housing court to hear and decide matters arising under this |
19 | chapter and other laws relating to real property matters. |
20 | § 6143. Conflict with other law. | <-- |
21 | In the event of a conflict between the requirements of this |
22 | chapter and Federal requirements applicable to demolition, |
23 | disposition or redevelopment of buildings, structures or land |
24 | owned by or held in trust for the Government of the United |
25 | States and regulated pursuant to the United States Housing Act |
26 | of 1937 (50 Stat. 888, 42 U.S.C. § 1437 et seq.) and the |
27 | regulations promulgated thereunder, the Federal requirements |
28 | shall prevail. |
29 | Section 2. This act shall take effect in 90 days. |
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