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| PRIOR PRINTER'S NOS. 1176, 1246, 2028 | PRINTER'S NO. 2112 |
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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, FOLMER AND KITCHEN, JUNE 17, 2009 |
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| AS AMENDED ON SECOND CONSIDERATION, JUNE 28, 2010 |
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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. Permit Denials by Municipalities |
15 | D. Miscellaneous Provisions |
16 | SUBCHAPTER A |
17 | PRELIMINARY PROVISIONS |
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1 | Sec. |
2 | 6101. Short title of chapter. |
3 | 6102. Definitions. |
4 | § 6101. Short title of chapter. |
5 | This chapter shall be known and may be cited as the |
6 | Neighborhood Blight Reclamation and Revitalization Act. |
7 | § 6102. Definitions. |
8 | The following words and phrases when used in this chapter |
9 | shall have the meanings given to them in this section unless the |
10 | context clearly indicates otherwise: |
11 | "Abandoned property." A property on which there is a | <-- |
12 | building that has not been legally occupied for at least the |
13 | previous 12 months and is a blighted property. |
14 | "Blighted property." Any of the following: |
15 | (1) Premises which, because of physical condition or |
16 | use, have been declared by a court of competent jurisdiction |
17 | as a public nuisance at common law or have been declared a |
18 | public nuisance in accordance with the local housing, |
19 | building, plumbing, fire and related codes and ordinances, |
20 | including nuisance and dangerous building ordinances. |
21 | (2) Premises which, because of physical condition, use |
22 | or occupancy, are considered an attractive nuisance to |
23 | children, including, but not limited to, abandoned wells, |
24 | shafts, basements, excavations and unsafe fences or |
25 | structures. |
26 | (3) A dwelling which, because it is dilapidated, |
27 | unsanitary, unsafe, vermin-infested or lacking in the |
28 | facilities and equipment required under the housing code of |
29 | the municipality, has been designated by the municipal |
30 | department responsible for enforcement of the code as unfit |
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1 | for human habitation. |
2 | (4) A structure which is a fire hazard or is otherwise | <-- |
3 | dangerous to the safety of persons or property. |
4 | (5) 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 | (6) An unoccupied property which has been tax delinquent |
10 | for a period of two years. |
11 | (7) 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 | "Competent entity." A person or entity, including a |
21 | governmental unit, with experience in the rehabilitation of |
22 | residential, commercial or industrial buildings and the ability |
23 | to provide or obtain the necessary financing for such |
24 | rehabilitation. |
25 | "Consumer." A person who is a named insured, insured or |
26 | beneficiary of a policy of insurance or any other person who may |
27 | be affected by the Insurance Department's exercise of or the |
28 | failure to exercise its authority. |
29 | "Cost of rehabilitation." Costs and expenses for |
30 | construction, stabilization, rehabilitation, demolition and |
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1 | reasonable nonconstruction costs associated with any of these |
2 | projects, including, but not limited to, environmental |
3 | remediation, architectural, engineering and legal fees, permits, |
4 | financing fees and a developer's fee consistent with the |
5 | standards for developer's fees established by the Pennsylvania |
6 | Housing Finance Agency. |
7 | "Court." The appropriate court of common pleas. |
8 | "Mortgage lender." A business association defined as a |
9 | "banking institution" or "mortgage lender" under 7 Pa.C.S. Ch. |
10 | 61 (relating to mortgage loan industry licensing and consumer |
11 | protection) that is in possession of or holds title to real |
12 | property pursuant to, in enforcement of or to protect rights |
13 | arising under, a mortgage, mortgage note, deed of trust or other |
14 | transaction that created a security interest in the real |
15 | property. |
16 | "Municipality." A city, borough, incorporated town, township |
17 | or home rule, optional plan or optional charter municipality or |
18 | municipal authority in this Commonwealth. The term also includes |
19 | any other governmental entity charged with enforcement of |
20 | municipal housing, building, plumbing, fire and related codes |
21 | and specifically includes a neighborhood improvement district |
22 | and nonprofit corporation created under the act of December 20, |
23 | 2000 (P.L.949, No.130), known as the Neighborhood Improvement |
24 | District Act. |
25 | "Municipal permits." Privileges relating to real property |
26 | granted by a municipality, including, but not limited to, |
27 | building permits, exceptions to zoning ordinances and occupancy |
28 | permits. |
29 | "Owner." A holder of the title to residential, commercial or |
30 | industrial real estate, other than a mortgage lender, who |
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1 | possesses and controls the real estate. The term includes, but |
2 | is not limited to, heirs, assigns, beneficiaries and lessees, |
3 | provided this ownership interest is a matter of public record. |
4 | "Property maintenance code." A municipal ordinance which |
5 | regulates the maintenance or development of real property. |
6 | "Property maintenance code violation." A violation of a |
7 | municipal property maintenance code. |
8 | "Public nuisance." Property which, because of its physical |
9 | condition or use, is regarded as a public nuisance at common law |
10 | or has been declared by the appropriate official a public |
11 | nuisance in accordance with a municipal code. |
12 | "Serious violation." A violation of a State law or municipal | <-- |
13 | housing, building, property maintenance or fire safety code that |
14 | poses an immediate threat to the health and safety of a dwelling |
15 | occupant, occupants in surrounding structures or passersby. |
16 | "Substantial step." An affirmative action as determined by a | <-- |
17 | municipality an independent third party or officer of the court | <-- |
18 | on the part of a property owner or managing agent, as determined | <-- |
19 | by the municipality, to remedy a to remedy a serious violation | <-- |
20 | of a State law or municipal code, including, but not limited to, | <-- |
21 | physical improvements or reparations to the property. |
22 | "Tax delinquent property." Tax delinquent real property as |
23 | defined under the act of July 7, 1947 (P.L.1368, No.542), known |
24 | as the Real Estate Tax Sale Law, located in any municipality in |
25 | this Commonwealth. |
26 | SUBCHAPTER B |
27 | ACTIONS AGAINST OWNER OF BLIGHTED PROPERTY |
28 | Sec. |
29 | 6111. Actions. |
30 | 6112. Asset attachment. |
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1 | 6113. Duty of out-of-State owners of real estate in this |
2 | Commonwealth. |
3 | 6114. Duty of corporate owners. |
4 | § 6111. Actions. |
5 | In addition to other remedies, a municipality may institute |
6 | the following actions against the owner of any building, housing |
7 | or land in serious violation of an ordinance regarding a code or |
8 | which causes the property to be blighted: |
9 | (1) An in personam action may be initiated for a |
10 | continuing violation for which the owner takes no substantial |
11 | step to correct within 60 days six months following receipt | <-- |
12 | of an order to correct the violation, unless the order is |
13 | subject to a pending appeal before the administrative agency |
14 | or court. |
15 | (2) An action against the owner shall be for an amount |
16 | equal to any penalties imposed against the owner and for the |
17 | amount expended by the municipality to abate the violation. |
18 | (3) A proceeding in equity. |
19 | § 6112. Asset attachment. |
20 | A (a) General rule.--A lien may be placed against the assets | <-- |
21 | of an owner of unremediated blighted real property after a |
22 | judgment, decree or order is entered by a court of competent |
23 | jurisdiction against the owner of the property. |
24 | (b) Construction.--Nothing in this section shall be | <-- |
25 | construed to authorize, in the case of an owner that is a |
26 | corporation, a lien on the individual assets of the shareholders |
27 | of the corporation. |
28 | § 6113. Duty of out-of-State owners of real estate in this |
29 | Commonwealth. |
30 | A person who lives or has a principal place of residence |
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1 | outside this Commonwealth, who owns real estate in this |
2 | Commonwealth against which code violations have been cited under |
3 | 18 Pa.C.S. § 7510 (relating to municipal housing code |
4 | avoidance), and who has been properly notified of the violations |
5 | may be extradited to this Commonwealth to face criminal |
6 | prosecution. |
7 | § 6114. Duty of corporate owners. |
8 | Where, after reasonable efforts, service of process for a |
9 | notice or citation for any code violation for any property owned |
10 | by a corporation or business association cannot be accomplished |
11 | by handing a copy of the notice or citation to an executive |
12 | officer, partner or trustee of the corporation or business |
13 | association or to the manager, trustee or clerk in charge of the |
14 | property, the delivery of the notice or citation may occur by |
15 | registered mail, accompanied by a delivery confirmation: |
16 | (1) To the registered office of the corporation or |
17 | business association. |
18 | (2) Where a corporation or business association does not |
19 | have a registered office, to the mailing address used for |
20 | real estate tax collection purposes, if accompanied by the |
21 | posting of a conspicuous notice to the property and by |
22 | handing a copy of the notice or citation to any adult in |
23 | possession of the property. |
24 | SUBCHAPTER C |
25 | PERMIT DENIALS BY MUNICIPALITIES |
26 | Sec. |
27 | 6131. Municipal permit denial. |
28 | § 6131. Municipal permit denial. |
29 | (a) Denial.-- |
30 | (1) A municipality may deny issuing to an applicant a |
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1 | building permit, zoning permit, zoning variance, municipal |
2 | license, municipal permit or municipal approval for |
3 | contemplated action that requires the approval of the |
4 | municipality, if any of the following final and unappealable |
5 | tax, water, sewer or refuse collection delinquencies or code | <-- |
6 | violations apply: serious violations of State law or | <-- |
7 | municipal code for real property which: |
8 | (i) The applicant owns real property in any | <-- |
9 | municipality for which taxes, water, sewer or refuse | <-- |
10 | collection charges are delinquent. |
11 | (ii) The applicant owns real property in any |
12 | municipality that has been determined to be in serious |
13 | violation of applicable State or municipal code |
14 | requirements and has not taken substantial steps to bring |
15 | the property into code compliance. |
16 | (iii) The applicant owns any property in any |
17 | municipality which is in. | <-- |
18 | (ii) Is in serious violation of an applicable State |
19 | law or municipal code requirement and the applicant has | <-- |
20 | taken no substantial steps to correct within six months |
21 | following notification of the violation. |
22 | (2) Letters required under this subsection shall be | <-- |
23 | verified by the appropriate municipal officials before |
24 | issuing to the applicant a municipal variance, approval, |
25 | permit or license. |
26 | (3) (2) The municipal permit denial shall not apply to | <-- |
27 | an applicant's action to correct a violation of an applicable |
28 | State law or municipal code for which the building permit, |
29 | zoning permit, zoning variance, municipal license, municipal |
30 | permit or municipal approval for contemplated action |
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1 | requiring such approval is required. |
2 | (4) (3) The municipal permit denial shall not apply to | <-- |
3 | an applicant's delinquency on taxes, water, sewer or refuse |
4 | collection charges that are under appeal or otherwise |
5 | contested through a court or administrative process. |
6 | (b) Proof of compliance.-- |
7 | (1) All municipal variances, approvals, permits or |
8 | licenses may be withheld until an applicant obtains a letter |
9 | from the appropriate State agency, municipality or school |
10 | district indicating the following: |
11 | (i) The property in question is not presently tax |
12 | delinquent. |
13 | (ii) The property in question is now in code |
14 | compliance. |
15 | (iii) The owner of the property in question has | <-- |
16 | taken substantial steps to bring the property into code |
17 | compliance. has presented and the appropriate State | <-- |
18 | agency or municipality has accepted a plan to begin |
19 | remediation of a serious violation of State law or |
20 | municipal code, subject to the following: |
21 | (A) acceptance of the plan may be contingent on |
22 | the beginning of the remediation plan within no fewer |
23 | than 30 days following acceptance of the plan; or |
24 | (B) acceptance of the plan may be contingent |
25 | upon the completion of the remediation plan within no |
26 | fewer than 90 days from the commencement of the |
27 | remediation plan. |
28 | (2) Letters required under this subsection shall be |
29 | verified by the appropriate municipal officials before |
30 | issuing to the applicant a municipal variance, approval, |
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1 | permit or license. |
2 | (c) Applicability of other law.--A denial of a building |
3 | permit, zoning permit, zoning variance, municipal license, |
4 | municipal permit or municipal approval for contemplated actions |
5 | that requires approval of a municipality shall be subject to the |
6 | provisions of 2 Pa.C.S. Chs. 5 Subch. B (relating to practice |
7 | and procedure of local agencies) and 7 Subch. B (relating to |
8 | judicial review of local agency action). |
9 | SUBCHAPTER D |
10 | MISCELLANEOUS PROVISIONS |
11 | Sec. |
12 | 6141. Education and training programs for judges. |
13 | 6142. County housing courts. |
14 | 6143. Conflict with other laws. |
15 | § 6141. Education and training programs for judges. |
16 | The Administrative Office of Pennsylvania Courts may develop |
17 | and implement annual and ongoing education and training programs |
18 | for judges, including magisterial district judges, regarding the |
19 | laws of this Commonwealth relating to blighted and abandoned |
20 | property and the economic impact that blighted and abandoned |
21 | properties have upon municipalities. The education and training |
22 | programs shall include, but not be limited to: |
23 | (1) The importance and connection of code violations and |
24 | crime. |
25 | (2) Time-in-fact violations as they relate to code |
26 | violations. |
27 | (3) Conduct of witnesses in prosecuting code violations. |
28 | (4) Limiting continuances in code violations. |
29 | (5) Use of indigency hearings in the prosecution of code |
30 | violations. |
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1 | § 6142. County housing courts. |
2 | Upon a request or approval of a resolution by the county |
3 | commissioners, the president judge of a county may establish a |
4 | housing court to hear and decide matters arising under this |
5 | chapter and other laws relating to real property matters. |
6 | § 6143. Conflict with other law. |
7 | In the event of a conflict between the requirements of this |
8 | chapter and Federal requirements applicable to demolition, |
9 | disposition or redevelopment of buildings, structures or land |
10 | owned by or held in trust for the Government of the United |
11 | States and regulated pursuant to the United States Housing Act |
12 | of 1937 (50 Stat. 888, 42 U.S.C. § 1437 et seq.) and the |
13 | regulations promulgated thereunder, the Federal requirements |
14 | shall prevail. |
15 | Section 2. This act shall take effect in 90 days. |
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