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| PRIOR PRINTER'S NOS. 1176, 1246, 2028, 2112 | PRINTER'S NO. 2132 |
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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 THIRD CONSIDERATION, JULY 1, 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 | "Blighted property." Any of the following: |
12 | (1) Premises which, because of physical condition or |
13 | use, have been declared by a court of competent jurisdiction |
14 | as a public nuisance at common law or have been declared a |
15 | public nuisance in accordance with the local housing, | <-- |
16 | building, plumbing, fire and related State laws and related | <-- |
17 | municipal codes and ordinances, including nuisance and |
18 | dangerous building ordinances. |
19 | (2) Premises which, because of physical condition, use |
20 | or occupancy, are considered an attractive nuisance to |
21 | children, including, but not limited to, abandoned wells, |
22 | shafts, basements, excavations and unsafe fences or |
23 | structures. |
24 | (3) A dwelling which, because it is dilapidated, |
25 | unsanitary, unsafe, vermin-infested or lacking in the |
26 | facilities and equipment required under the housing code of |
27 | the municipality, has been designated by the municipal |
28 | department responsible for enforcement of the code as unfit |
29 | for human habitation. |
30 | (4) A structure which is a fire hazard. |
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1 | (5) A vacant or unimproved lot or parcel of ground in a |
2 | predominantly built-up neighborhood which, by reason of |
3 | neglect or lack of maintenance, has become a place for |
4 | accumulation of trash and debris or a haven for rodents or |
5 | other vermin. |
6 | (6) An unoccupied property which has been tax delinquent |
7 | for a period of two years. |
8 | (7) A property which is vacant but not tax delinquent |
9 | and which has not been rehabilitated within one year of the |
10 | receipt of notice to rehabilitate from the appropriate code |
11 | enforcement agency. |
12 | "Building." A residential, commercial or industrial building |
13 | or structure and the land appurtenant to it. |
14 | "Code." A building, housing, property maintenance, fire, |
15 | health or other public safety ordinance enacted by a |
16 | municipality. |
17 | "Competent entity." A person or entity, including a |
18 | governmental unit, with experience in the rehabilitation of |
19 | residential, commercial or industrial buildings and the ability |
20 | to provide or obtain the necessary financing for such |
21 | rehabilitation. |
22 | "Consumer." A person who is a named insured, insured or |
23 | beneficiary of a policy of insurance or any other person who may |
24 | be affected by the Insurance Department's exercise of or the |
25 | failure to exercise its authority. |
26 | "Cost of rehabilitation." Costs and expenses for |
27 | construction, stabilization, rehabilitation, demolition and |
28 | reasonable nonconstruction costs associated with any of these |
29 | projects, including, but not limited to, environmental |
30 | remediation, architectural, engineering and legal fees, permits, |
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1 | financing fees and a developer's fee consistent with the |
2 | standards for developer's fees established by the Pennsylvania |
3 | Housing Finance Agency. |
4 | "Court." The appropriate court of common pleas. |
5 | "Mortgage lender." A business association defined as a |
6 | "banking institution" or "mortgage lender" under 7 Pa.C.S. Ch. |
7 | 61 (relating to mortgage loan industry licensing and consumer |
8 | protection) that is in possession of or holds title to real |
9 | property pursuant to, in enforcement of or to protect rights |
10 | arising under, a mortgage, mortgage note, deed of trust or other |
11 | transaction that created a security interest in the real |
12 | property. |
13 | "Municipality." A city, borough, incorporated town, township |
14 | or home rule, optional plan or optional charter municipality or |
15 | municipal authority in this Commonwealth. The term also includes |
16 | any other governmental entity charged with enforcement of |
17 | municipal housing, building, plumbing, fire and related codes |
18 | and specifically includes a neighborhood improvement district |
19 | and nonprofit corporation created under the act of December 20, |
20 | 2000 (P.L.949, No.130), known as the Neighborhood Improvement |
21 | District Act. |
22 | "Municipal permits." Privileges relating to real property |
23 | granted by a municipality, including, but not limited to, |
24 | building permits, exceptions to zoning ordinances and occupancy |
25 | permits. |
26 | "Owner." A holder of the title to residential, commercial or |
27 | industrial real estate, other than a mortgage lender, who |
28 | possesses and controls the real estate. The term includes, but |
29 | is not limited to, heirs, assigns, beneficiaries and lessees, |
30 | provided this ownership interest is a matter of public record. |
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1 | "Property maintenance code." A municipal ordinance which |
2 | regulates the maintenance or development of real property. |
3 | "Property maintenance code violation." A violation of a |
4 | municipal property maintenance code. |
5 | "Public nuisance." Property which, because of its physical |
6 | condition or use, is regarded as a public nuisance at common law |
7 | or has been declared by the appropriate official a public |
8 | nuisance in accordance with a municipal code. |
9 | "Serious violation." A violation of a State law or municipal |
10 | housing, building, property maintenance or fire safety code that | <-- |
11 | poses an immediate threat to the health and safety of a dwelling |
12 | occupant, occupants in surrounding structures or passersby. |
13 | "Substantial step." An affirmative action as determined by |
14 | an independent third party or officer of the court on the part |
15 | of a property owner or managing agent to remedy a serious |
16 | violation of a State law or municipal code, including, but not |
17 | limited to, physical improvements or reparations to the |
18 | property. |
19 | "Tax delinquent property." Tax delinquent real property as |
20 | defined under the act of July 7, 1947 (P.L.1368, No.542), known |
21 | as the Real Estate Tax Sale Law, located in any municipality in |
22 | this Commonwealth. |
23 | SUBCHAPTER B |
24 | ACTIONS AGAINST OWNER OF BLIGHTED PROPERTY |
25 | Sec. |
26 | 6111. Actions. |
27 | 6112. Asset attachment. |
28 | 6113. Duty of out-of-State owners of real estate in this |
29 | Commonwealth. |
30 | 6114. Duty of corporate owners. |
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1 | § 6111. Actions. |
2 | In addition to other remedies, a municipality may institute |
3 | the following actions against the owner of any building, housing |
4 | or land in serious violation of an ordinance regarding a code or |
5 | which causes the property to be blighted: |
6 | (1) An in personam action may be initiated for a |
7 | continuing violation for which the owner takes no substantial |
8 | step to correct within six months following receipt of an |
9 | order to correct the violation, unless the order is subject |
10 | to a pending appeal before the administrative agency or |
11 | court. |
12 | (2) An action against the owner shall be for an amount |
13 | equal to any penalties imposed against the owner and for the |
14 | amount expended by the municipality to abate the violation. |
15 | (3) A proceeding in equity. |
16 | § 6112. Asset attachment. |
17 | (a) General rule.--A lien may be placed against the assets |
18 | of an owner of unremediated blighted real property after a |
19 | judgment, decree or order is entered by a court of competent |
20 | jurisdiction against the owner of the property. |
21 | (b) Construction.--Nothing in this section shall be |
22 | construed to authorize, in the case of an owner that is a |
23 | corporation, a lien on the individual assets of the shareholders |
24 | of the corporation. |
25 | § 6113. Duty of out-of-State owners of real estate in this |
26 | Commonwealth. |
27 | A person who lives or has a principal place of residence |
28 | outside this Commonwealth, who owns real estate in this |
29 | Commonwealth against which code violations have been cited under |
30 | 18 Pa.C.S. § 7510 (relating to municipal housing code |
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1 | avoidance), and who has been properly notified of the violations |
2 | may be extradited to this Commonwealth to face criminal |
3 | prosecution. |
4 | § 6114. Duty of corporate owners. |
5 | Where, after reasonable efforts, service of process for a |
6 | notice or citation for any code violation for any property owned |
7 | by a corporation or business association cannot be accomplished |
8 | by handing a copy of the notice or citation to an executive |
9 | officer, partner or trustee of the corporation or business |
10 | association or to the manager, trustee or clerk in charge of the |
11 | property, the delivery of the notice or citation may occur by |
12 | registered mail, accompanied by a delivery confirmation: |
13 | (1) To the registered office of the corporation or |
14 | business association. |
15 | (2) Where a corporation or business association does not |
16 | have a registered office, to the mailing address used for |
17 | real estate tax collection purposes, if accompanied by the |
18 | posting of a conspicuous notice to the property and by |
19 | handing a copy of the notice or citation to any adult in |
20 | possession of the property. |
21 | SUBCHAPTER C |
22 | PERMIT DENIALS BY MUNICIPALITIES |
23 | Sec. |
24 | 6131. Municipal permit denial. |
25 | § 6131. Municipal permit denial. |
26 | (a) Denial.-- |
27 | (1) A municipality may deny issuing to an applicant a |
28 | building permit, zoning permit, zoning variance, municipal |
29 | license, municipal permit or municipal approval for |
30 | contemplated action that requires the approval of the |
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1 | municipality, if any of the following final and unappealable | <-- |
2 | tax, water, sewer or refuse collection delinquencies or |
3 | serious violations of State law or municipal code for real |
4 | property which: |
5 | (i) The applicant owns in any municipality. |
6 | (ii) Is in serious violation of an applicable State |
7 | law or municipal code requirement and the applicant has |
8 | taken no substantial steps to correct within six months |
9 | following notification of the violation. the applicant | <-- |
10 | owns real property in any municipality for which there |
11 | exists on the real property: |
12 | (i) a final and unappealable tax, water, sewer or |
13 | refuse collection delinquency on account of the actions |
14 | of the owner; or |
15 | (ii) a serious violation of State law or municipal |
16 | code and the owner has taken no substantial steps to |
17 | correct the violation within six months following |
18 | notification of the violation. |
19 | (2) The municipal permit denial shall not apply to an |
20 | applicant's action to correct a violation of an applicable |
21 | State law or municipal code for which the building permit, |
22 | zoning permit, zoning variance, municipal license, municipal |
23 | permit or municipal approval for contemplated action |
24 | requiring such approval is required. |
25 | (3) The municipal permit denial shall not apply to an |
26 | applicant's delinquency on taxes, water, sewer or refuse |
27 | collection charges that are under appeal or otherwise |
28 | contested through a court or administrative process. |
29 | (b) Proof of compliance.-- |
30 | (1) All municipal variances, approvals, permits or |
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1 | licenses may be withheld until an applicant obtains a letter |
2 | from the appropriate State agency, municipality or school |
3 | district indicating the following: |
4 | (i) The the property in question is not presently | <-- |
5 | tax delinquent.; | <-- |
6 | (ii) The the property in question is now in code | <-- |
7 | compliance.; or | <-- |
8 | (iii) The the owner of the property has presented | <-- |
9 | and the appropriate State agency or municipality has |
10 | accepted a plan to begin remediation of a serious |
11 | violation of State law or municipal code, subject to the | <-- |
12 | following: |
13 | (A) acceptance of the plan may be contingent on |
14 | the beginning of the remediation plan within no fewer |
15 | than 30 days following acceptance of the plan; or |
16 | (B) acceptance of the plan may be contingent |
17 | upon the completion of the remediation plan within no |
18 | fewer than 90 days from the commencement of the |
19 | remediation plan.. Acceptance of the plan may be | <-- |
20 | contingent on: |
21 | (A) Beginning the remediation plan within no |
22 | fewer than 30 days following acceptance of the plan. |
23 | (B) Completing the remediation plan within no |
24 | fewer than 90 days following commencement of the |
25 | plan. |
26 | (2) Letters required under this subsection shall be |
27 | verified by the appropriate municipal officials before |
28 | issuing to the applicant a municipal variance, approval, |
29 | permit or license. |
30 | (c) Applicability of other law.--A denial of a building |
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1 | permit, zoning permit, zoning variance, municipal license, |
2 | municipal permit or municipal approval for contemplated actions |
3 | that requires approval of a municipality shall be subject to the |
4 | provisions of 2 Pa.C.S. Chs. 5 Subch. B (relating to practice |
5 | and procedure of local agencies) and 7 Subch. B (relating to |
6 | judicial review of local agency action). |
7 | SUBCHAPTER D |
8 | MISCELLANEOUS PROVISIONS |
9 | Sec. |
10 | 6141. Education and training programs for judges. |
11 | 6142. County housing courts. |
12 | 6143. Conflict with other laws. |
13 | § 6141. Education and training programs for judges. |
14 | The Administrative Office of Pennsylvania Courts may develop |
15 | and implement annual and ongoing education and training programs |
16 | for judges, including magisterial district judges, regarding the |
17 | laws of this Commonwealth relating to blighted and abandoned |
18 | property and the economic impact that blighted and abandoned |
19 | properties have upon municipalities. The education and training |
20 | programs shall include, but not be limited to: |
21 | (1) The importance and connection of code violations and |
22 | crime. |
23 | (2) Time-in-fact violations as they relate to code |
24 | violations. |
25 | (3) Conduct of witnesses in prosecuting code violations. |
26 | (4) Limiting continuances in code violations. |
27 | (5) Use of indigency hearings in the prosecution of code |
28 | violations. |
29 | § 6142. County housing courts. |
30 | Upon a request or approval of a resolution by the county |
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1 | commissioners, the president judge of a county may establish a |
2 | housing court to hear and decide matters arising under this |
3 | chapter and other laws relating to real property matters. |
4 | § 6143. Conflict with other law. |
5 | In the event of a conflict between the requirements of this |
6 | chapter and Federal requirements applicable to demolition, |
7 | disposition or redevelopment of buildings, structures or land |
8 | owned by or held in trust for the Government of the United |
9 | States and regulated pursuant to the United States Housing Act |
10 | of 1937 (50 Stat. 888, 42 U.S.C. § 1437 et seq.) and the |
11 | regulations promulgated thereunder, the Federal requirements |
12 | shall prevail. |
13 | Section 2. This act shall take effect in 90 days. |
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