| HOUSE AMENDED |
| PRIOR PRINTER'S NOS. 1176, 1246, 2028, 2112, 2132, 2239, 2254 | PRINTER'S NO. 2259 |
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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, KITCHEN AND MENSCH, JUNE 17, 2009 |
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| AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES, OCTOBER 6, 2010 |
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| AN ACT |
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1 | Amending Title Titles 42 (Judiciary and Judicial Procedure) and | <-- |
2 | 53 (Municipalities Generally) of the Pennsylvania |
3 | Consolidated Statutes, in organization and jurisdiction of | <-- |
4 | courts of common pleas, authorizing housing courts; in |
5 | Administrative Office of Pennsylvania Courts, providing for |
6 | deteriorated real property education and training program for |
7 | judges; and providing for neighborhood blight reclamation and |
8 | revitalization. |
9 | The General Assembly of the Commonwealth of Pennsylvania |
10 | hereby enacts as follows: |
11 | Section 1. Title 53 of the Pennsylvania Consolidated | <-- |
12 | Statutes is amended by adding a chapter to read: |
13 | Section 1. Title 42 of the Pennsylvania Consolidated | <-- |
14 | Statutes is amended by adding sections to read: |
15 | § 918. Housing courts. |
16 | (a) Establishment.--The court of common pleas of a judicial |
17 | district may establish, from available funds, a housing court |
18 | which shall have jurisdiction as provided under subsection (d). |
19 | The court may adopt local rules for the administration of |
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1 | housing courts and their related services such as housing |
2 | clinics to counsel code violators on their responsibilities and |
3 | procedures to bring properties into code compliance. The local |
4 | rules may not be inconsistent with this section or any rules |
5 | established by the Supreme Court. |
6 | (b) Statewide housing courts coordinator.--To the extent |
7 | that funds are available, the Supreme Court may appoint a |
8 | Statewide housing courts coordinator who may be assigned other |
9 | responsibilities by the Supreme Court. The coordinator may: |
10 | (1) Encourage and assist in the establishment of housing |
11 | courts in each judicial district where the caseload justifies |
12 | the establishment of such courts. |
13 | (2) Identify sources of funding for housing courts and |
14 | their related services, including the availability of grants. |
15 | (3) Provide coordination and technical assistance for |
16 | grant applications. |
17 | (4) Develop model guidelines for the administration of |
18 | housing courts and their related services. |
19 | (5) Establish procedures for monitoring housing courts |
20 | and their related services and for evaluating the |
21 | effectiveness of housing courts and their related services. |
22 | (c) Advisory committee.--The Supreme Court may establish, |
23 | from available funds, an interdisciplinary and interbranch |
24 | advisory committee to advise and assist the Statewide housing |
25 | courts coordinator in monitoring and administering housing |
26 | courts Statewide. |
27 | (d) Jurisdiction of housing court.--In a court of common |
28 | pleas which has established a housing court pursuant to this |
29 | section, the exclusive jurisdiction of the following matters may |
30 | be vested in the housing court: |
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1 | (1) Criminal and civil actions arising within the county |
2 | under any other general or special law, ordinance, rule or |
3 | regulation concerned with the health, safety or welfare of an |
4 | occupant of a place used, or intended for use, as a place of |
5 | human habitation. |
6 | (2) Land use decisions appealed to the court of common |
7 | pleas in accordance with Article X-A of the act of July 31, |
8 | 1968 (P.L.805, No.247), known as the Pennsylvania |
9 | Municipalities Planning Code, provided they relate to single- |
10 | family and multifamily properties, or proceedings appealed to |
11 | court in accordance with the act of June 13, 1961 (P.L.282, |
12 | No.167), relating to the establishment of historic districts. |
13 | (3) Appeals from government agencies under the former |
14 | act of December 2, 1968 (P.L.1133, No.353), known as the |
15 | Local Agency Law, or otherwise, relating to the housing, |
16 | building, safety, plumbing, mechanical, electrical, health or |
17 | fire ordinances and regulations of a municipal corporation |
18 | within the county or of the county itself. |
19 | (4) Matters arising under the act of April 6, 1951 |
20 | (P.L.69, No.20), known as The Landlord and Tenant Act of |
21 | 1951, which involve a place used, or intended for use, as a |
22 | place of human habitation. |
23 | (5) Matters arising under the act of November 10, 1999 |
24 | (P.L.491, No.45), known as the Pennsylvania Construction Code |
25 | Act, which involve a place used, or intended for use, as a |
26 | place of human habitation. |
27 | § 1907. Deteriorated real property education and training |
28 | program for judges. |
29 | The Administrative Office of Pennsylvania Courts may develop |
30 | and implement annual and ongoing education and training programs |
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1 | for judges, including magisterial district judges, regarding the |
2 | laws of this Commonwealth relating to deteriorated real property |
3 | and the economic impact that such properties have upon |
4 | municipalities. The education and training program shall |
5 | include, but not be limited to: |
6 | (1) The importance and connection of code violations and |
7 | crime. |
8 | (2) Time-in-fact violations as they relate to code |
9 | violations. |
10 | (3) Conduct of witnesses in prosecuting code violations. |
11 | (4) Limiting continuances in code violations. |
12 | (5) Use of indigency hearings in the prosecution of code |
13 | violations. |
14 | Section 2. Title 53 is amended by adding a chapter to read: |
15 | CHAPTER 61 |
16 | NEIGHBORHOOD BLIGHT |
17 | RECLAMATION AND REVITALIZATION |
18 | Subchapter |
19 | A. Preliminary Provisions |
20 | B. Actions Against Owner of Blighted Property Property with | <-- |
21 | Serious Code Violations |
22 | C. Permit Denials by Municipalities |
23 | D. Miscellaneous Provisions |
24 | SUBCHAPTER A |
25 | PRELIMINARY PROVISIONS |
26 | Sec. |
27 | 6101. Short title of chapter. |
28 | 6102. Legislative findings and purpose. | <-- |
29 | 6102. 6103. Definitions. | <-- |
30 | § 6101. Short title of chapter. |
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1 | This chapter shall be known and may be cited as the |
2 | Neighborhood Blight Reclamation and Revitalization Act. |
3 | § 6102. Legislative findings and purpose. | <-- |
4 | The General Assembly finds and declares as follows: |
5 | (1) There are deteriorated properties located in all |
6 | municipalities of this Commonwealth as a result of neglect by |
7 | their owners in violation of applicable State and municipal |
8 | codes. |
9 | (2) These deteriorated properties create public |
10 | nuisances which have an impact on crime and the quality of |
11 | life of our residents and require significant expenditures of |
12 | public funds in order to abate and correct the nuisances. |
13 | (3) In order to address these situations, it is |
14 | appropriate to deny certain governmental permits and |
15 | approvals in order: |
16 | (i) To prohibit property owners from further |
17 | extending their financial commitments so as to render |
18 | themselves unable to abate or correct the code, statutory |
19 | and regulatory violations or tax delinquencies. |
20 | (ii) To reduce the likelihood that other |
21 | municipalities will have to address the owners' neglect |
22 | and resulting deteriorated properties. |
23 | (iii) To sanction the owners for not adhering to |
24 | their legal obligations to the Commonwealth and its |
25 | municipalities, as well as to tenants, adjoining property |
26 | owners and neighborhoods. |
27 | § 6102 6103. Definitions. | <-- |
28 | The following words and phrases when used in this chapter |
29 | shall have the meanings given to them in this section unless the |
30 | context clearly indicates otherwise: |
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1 | "Blighted property." Any of the following: | <-- |
2 | (1) Premises which, because of physical condition or |
3 | use, have been declared by a court of competent jurisdiction |
4 | as a public nuisance at common law or have been declared a |
5 | public nuisance in accordance with State laws and related |
6 | municipal codes and ordinances, including nuisance and |
7 | dangerous building ordinances. |
8 | (2) Premises which, because of physical condition, use |
9 | or occupancy, are considered an attractive nuisance to |
10 | children, including, but not limited to, abandoned wells, |
11 | shafts, basements, excavations and unsafe fences or |
12 | structures. |
13 | (3) A dwelling which, because it is dilapidated, |
14 | unsanitary, unsafe, vermin-infested or lacking in the |
15 | facilities and equipment required under the housing code of |
16 | the municipality, has been designated by the municipal |
17 | department responsible for enforcement of the code as unfit |
18 | for human habitation. |
19 | (4) A structure which is a fire hazard. |
20 | (5) A vacant or unimproved lot or parcel of ground in a |
21 | predominantly built-up neighborhood which, by reason of |
22 | neglect or lack of maintenance, has become a place for |
23 | accumulation of trash and debris or a haven for rodents or |
24 | other vermin. |
25 | (6) An unoccupied property which has been tax delinquent |
26 | for a period of two years. |
27 | (7) A property which is vacant but not tax delinquent |
28 | and which has not been rehabilitated within one year of the |
29 | receipt of notice to rehabilitate from the appropriate code |
30 | enforcement agency. |
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1 | "Building." A residential, commercial or industrial building |
2 | or structure and the land appurtenant to it. |
3 | "Code." A building, housing, property maintenance, fire, |
4 | health or other public safety ordinance enacted by a |
5 | municipality. The term does not include a subdivision and land | <-- |
6 | development ordinance or a zoning ordinance enacted by a |
7 | municipality. |
8 | "Competent entity." A person or entity, including a | <-- |
9 | governmental unit, with experience in the rehabilitation of |
10 | residential, commercial or industrial buildings and the ability |
11 | to provide or obtain the necessary financing for such |
12 | rehabilitation. |
13 | "Consumer." A person who is a named insured, insured or |
14 | beneficiary of a policy of insurance or any other person who may |
15 | be affected by the Insurance Department's exercise of or the |
16 | failure to exercise its authority. |
17 | "Cost of rehabilitation." Costs and expenses for |
18 | construction, stabilization, rehabilitation, demolition and |
19 | reasonable nonconstruction costs associated with any of these |
20 | projects, including, but not limited to, environmental |
21 | remediation, architectural, engineering and legal fees, permits, |
22 | financing fees and a developer's fee consistent with the |
23 | standards for developer's fees established by the Pennsylvania |
24 | Housing Finance Agency. |
25 | "Court." The appropriate court of common pleas. |
26 | "Mortgage lender." A business association defined as a |
27 | "banking institution" or "mortgage lender" under 7 Pa.C.S. Ch. |
28 | 61 (relating to mortgage loan industry licensing and consumer |
29 | protection) that is in possession of or holds title to real |
30 | property pursuant to, in enforcement of or to protect rights |
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1 | arising under, a mortgage, mortgage note, deed of trust or other |
2 | transaction that created a security interest in the real |
3 | property. |
4 | "Municipality." A city, borough, incorporated town, township |
5 | or home rule, optional plan or optional charter municipality or |
6 | municipal authority in this Commonwealth. The term also includes | <-- |
7 | any other governmental entity charged with enforcement of |
8 | municipal housing, building, plumbing, fire and related codes |
9 | and specifically includes a neighborhood improvement district |
10 | and nonprofit corporation created under the act of December 20, |
11 | 2000 (P.L.949, No.130), known as the Neighborhood Improvement |
12 | District Act and any entity formed pursuant to 53 Pa.C.S. Ch. 23 | <-- |
13 | Subch. A (relating to intergovernmental cooperation). |
14 | "Municipal permits." Privileges relating to real property |
15 | granted by a municipality, including, but not limited to, |
16 | building permits, exceptions to zoning ordinances and occupancy |
17 | permits. The term includes approvals pursuant to land use | <-- |
18 | ordinances other than decisions on the substantive validity of a |
19 | zoning ordinance or map or the acceptance of a curative |
20 | amendment. |
21 | "Owner." A holder of the title to residential, commercial or |
22 | industrial real estate, other than a mortgage lender, who |
23 | possesses and controls the real estate. The term includes, but |
24 | is not limited to, heirs, assigns, beneficiaries and lessees, |
25 | provided this ownership interest is a matter of public record. |
26 | "Property maintenance code." A municipal ordinance which | <-- |
27 | regulates the maintenance or development of real property. |
28 | "Property maintenance code violation." A violation of a |
29 | municipal property maintenance code. |
30 | "Public nuisance." Property which, because of its physical |
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1 | condition or use, is regarded as a public nuisance at common law |
2 | or has been declared by the appropriate official a public |
3 | nuisance in accordance with a municipal code. |
4 | "Serious violation." A violation of a State law or municipal | <-- |
5 | a code that poses an immediate imminent threat to the health and | <-- |
6 | safety of a dwelling occupant, occupants in surrounding |
7 | structures or passersby. |
8 | "State law." A statute of the Commonwealth or a regulation | <-- |
9 | of an agency charged with the administration and enforcement of |
10 | Commonwealth law. |
11 | "Substantial step." An affirmative action as determined by |
12 | an independent third party a property code official or officer | <-- |
13 | of the court on the part of a property owner or managing agent |
14 | to remedy a serious violation of a State law or municipal code, |
15 | including, but not limited to, physical improvements or |
16 | reparations repairs to the property, which affirmative action is | <-- |
17 | subject to appeal in accordance with applicable law. |
18 | "Tax delinquent property." Tax delinquent real property as |
19 | defined under the act of July 7, 1947 (P.L.1368, No.542), known | <-- |
20 | as the Real Estate Tax Sale Law, located in any municipality in |
21 | this Commonwealth. defined under: | <-- |
22 | (1) the act of July 7, 1947 (P.L.1368, No.542), known as |
23 | the Real Estate Tax Sale Law; |
24 | (2) the act of May 16, 1923 (P.L.207, No. 153), referred |
25 | to as the Municipal Claim and Tax Lien Law; or |
26 | (3) the act of October 11, 1984 (P.L.876, No.171, known |
27 | as the Second Class City Treasurer's Sale and Collection Act, |
28 | located in any municipality in this Commonwealth. |
29 | SUBCHAPTER B |
30 | ACTIONS AGAINST OWNER OF BLIGHTED PROPERTY | <-- |
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1 | PROPERTY WITH SERIOUS CODE VIOLATIONS | <-- |
2 | Sec. |
3 | 6111. Actions. |
4 | 6112. Asset attachment. |
5 | 6113. Duty of out-of-State owners of real estate in this |
6 | Commonwealth. |
7 | 6114. Duty of corporate association and trust owners. | <-- |
8 | § 6111. Actions. |
9 | In addition to other remedies any other remedy available at | <-- |
10 | law or in equity, a municipality may institute the following |
11 | actions against the owner of any building, housing or land real | <-- |
12 | property that is in serious violation of an ordinance regarding | <-- |
13 | a code or which causes the property to be blighted for failure | <-- |
14 | to correct a condition which causes the property to be regarded |
15 | as a public nuisance: |
16 | (1) An in personam action may be initiated for a | <-- |
17 | continuing violation for which the owner takes no substantial |
18 | step to correct within six months following receipt of an |
19 | order to correct the violation, unless the order is subject |
20 | to a pending appeal before the administrative agency or |
21 | court. |
22 | (2) An action against the owner shall be for an amount |
23 | equal to any penalties imposed against the owner and for the |
24 | amount expended by the municipality to abate the violation. |
25 | (1) (i) An in personam action may be initiated for a | <-- |
26 | continuing violation for which the owner takes no |
27 | substantial step to correct within six months following |
28 | receipt of an order to correct the violation, unless the |
29 | order is subject to a pending appeal before the |
30 | administrative agency or court. |
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1 | (ii) Notwithstanding any law limiting the form of |
2 | action for the recovery of penalties by a municipality |
3 | for the violation of a code, the municipality may |
4 | recover, in a single action under this section, an amount |
5 | equal to any penalties imposed against the owner and any |
6 | costs of remediation lawfully incurred by, or on behalf |
7 | of, the municipality to remedy any code violation. |
8 | (3) (2) A proceeding in equity. | <-- |
9 | § 6112. Asset attachment. |
10 | (a) General rule.--A lien may be placed against the assets |
11 | of an owner of unremediated blighted real property that is in | <-- |
12 | serious violation of a code or is regarded as a public nuisance |
13 | after a judgment, decree or order is entered by a court of |
14 | competent jurisdiction against the owner of the property for an | <-- |
15 | adjudication under section 6111 (relating to actions). |
16 | (b) Construction.--Nothing in this section shall be |
17 | construed to authorize, in the case of an owner that is a | <-- |
18 | corporation an association or trust, a lien on the individual | <-- |
19 | assets of the shareholders of the corporation general partner or | <-- |
20 | trustee, except as otherwise allowed by law, limited partner, |
21 | shareholder, member or beneficiary of the association or trust. |
22 | This limitation of liability shall be the same as provided under | <-- |
23 | 15 Pa.C.S. Pt. IV (relating to unincorporated associations), for |
24 | owners or members of associations. |
25 | § 6113. Duty of out-of-State owners of real estate property in | <-- |
26 | this Commonwealth. |
27 | A person who lives or has a principal place of residence |
28 | outside this Commonwealth, who owns real estate property in this | <-- |
29 | Commonwealth against which code violations have been cited under | <-- |
30 | 18 Pa.C.S. § 7510 (relating to municipal housing code avoidance) |
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1 | and the person is charged under 18 Pa.C.S. (relating to crimes | <-- |
2 | and offenses), and who has been properly notified of the |
3 | violations may be extradited to this Commonwealth to face |
4 | criminal prosecution to the full extent allowed and in the | <-- |
5 | manner authorized by 42 Pa.C.S. Ch. 91 (relating to detainers |
6 | and extradition). |
7 | § 6114. Duty of corporate association and trust owners. | <-- |
8 | Where, after reasonable efforts, service of process for a |
9 | notice or citation for any code violation for any real property | <-- |
10 | owned by a corporation or business association an association or | <-- |
11 | trust cannot be accomplished by handing a copy of the notice or |
12 | citation to an executive officer, partner or trustee of the |
13 | corporation or business association or trust or to the manager, | <-- |
14 | trustee or clerk in charge of the property, the delivery of the |
15 | notice or citation may occur by registered, certified or United | <-- |
16 | States Express mail, accompanied by a delivery confirmation: |
17 | (1) To the registered office of the corporation or | <-- |
18 | business association or trust. | <-- |
19 | (2) Where a corporation or business association the | <-- |
20 | association or trust does not have a registered office, to |
21 | the mailing address used for real estate tax collection |
22 | purposes, if accompanied by the posting of a conspicuous |
23 | notice to the property and by handing a copy of the notice or |
24 | citation to any adult in possession of the property the | <-- |
25 | person in charge of the property at that time. |
26 | SUBCHAPTER C |
27 | PERMIT DENIALS BY MUNICIPALITIES |
28 | Sec. |
29 | 6131. Municipal permit denial. |
30 | § 6131. Municipal permit denial. |
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1 | (a) Denial.-- |
2 | (1) A municipality or a board under subsection (c) may | <-- |
3 | deny issuing to an applicant a building permit, zoning | <-- |
4 | permit, zoning variance, municipal license, municipal permit |
5 | or municipal approval for contemplated action that requires |
6 | the approval of the municipality municipal permit, if the | <-- |
7 | applicant owns real property in any municipality for which |
8 | there exists on the real property: |
9 | (i) a final and unappealable tax, water, sewer or |
10 | refuse collection delinquency on account of the actions |
11 | of the owner; or |
12 | (ii) a serious violation of State law or municipal a | <-- |
13 | code and the owner has taken no substantial steps to |
14 | correct the violation within six months following |
15 | notification of the violation and for which fines or | <-- |
16 | other penalties or a judgment to abate or correct were |
17 | imposed by a magisterial district judge or municipal |
18 | court, or a judgment at law or in equity was imposed by a |
19 | court of common pleas. However, no denial shall be |
20 | permitted on the basis of a property for which the |
21 | judgment, order or decree is subject to a stay or |
22 | supersedeas by an order of a court of competent |
23 | jurisdiction or automatically allowed by statute or rule |
24 | of court until the stay or supersedeas is lifted by the |
25 | court or a higher court or the stay or supersedeas |
26 | expires as otherwise provided by law. Where a stay or |
27 | supersedeas is in effect, the property owner shall so |
28 | advise the municipality seeking to deny a municipal |
29 | permit. |
30 | (2) The municipal permit denial shall not apply to an | <-- |
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1 | applicant's action to correct a violation of an applicable |
2 | State law or municipal code for which the building permit, |
3 | zoning permit, zoning variance, municipal license, municipal |
4 | permit or municipal approval for contemplated action |
5 | requiring such approval is required A municipality or board | <-- |
6 | shall not deny a municipal permit to an applicant if the |
7 | municipal permit is necessary to correct a violation of State |
8 | law or a code. |
9 | (3) The municipal permit denial shall not apply to an |
10 | applicant's delinquency on taxes, water, sewer or refuse |
11 | collection charges that are under appeal or otherwise |
12 | contested through a court or administrative process. |
13 | (4) In issuing a denial of a permit based on an | <-- |
14 | applicant's delinquency in real property taxes or municipal |
15 | charges or for failure to abate a serious violation of State |
16 | law or a code on real property that the applicant owns in |
17 | this Commonwealth, the municipality or board shall indicate |
18 | the street address, municipal corporation and county in which |
19 | the property is located and the court and docket number for |
20 | each parcel cited as a basis for the denial. The denial shall |
21 | also state that the applicant may request a letter of |
22 | compliance from the appropriate State agency, municipality or |
23 | school district, in a form specified by such entity as |
24 | provided in this section. |
25 | (b) Proof of compliance.-- |
26 | (1) All municipal variances, approvals, permits or | <-- |
27 | licenses permits denied in accordance with this subsection | <-- |
28 | may be withheld until an applicant obtains a letter from the |
29 | appropriate State agency, municipality or school district |
30 | indicating the following: |
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1 | (i) the property in question is not presently tax | <-- |
2 | delinquent has no final and unappealable tax, water, | <-- |
3 | sewer or refuse delinquencies; |
4 | (ii) the property in question is now in State law | <-- |
5 | and code compliance; or |
6 | (iii) the owner of the property has presented and |
7 | the appropriate State agency or municipality has accepted |
8 | a plan to begin remediation of a serious violation of |
9 | State law or municipal a code. Acceptance of the plan may | <-- |
10 | be contingent on: |
11 | (A) Beginning the remediation plan within no |
12 | fewer than 30 days following acceptance of the plan |
13 | or sooner, if mutually agreeable to both the property | <-- |
14 | owner and the municipality. |
15 | (B) Completing the remediation plan within no |
16 | fewer than 90 days following commencement of the plan |
17 | or sooner, if mutually agreeable to both the property | <-- |
18 | owner and the municipality. |
19 | (2) In the event that the appropriate State agency, | <-- |
20 | municipality or school district fails to issue a letter |
21 | indicating either tax tax, water, sewer, refuse, State law or | <-- |
22 | code compliance or noncompliance, as the case may be, within |
23 | 45 days of the request, the property in question shall be |
24 | deemed to be in compliance for the purpose of this section. |
25 | The appropriate State agency, municipality or school district |
26 | shall specify the form in which the request for a compliance |
27 | letter shall be made. |
28 | (2) (3) Letters required under this subsection section | <-- |
29 | shall be verified by the appropriate municipal officials |
30 | before issuing to the applicant a municipal variance, | <-- |
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1 | approval, permit or license permit. | <-- |
2 | (4) (i) Municipal permits may be denied by a board in | <-- |
3 | accordance with the requirements of this section to the |
4 | extent that approval of the municipal permit is within |
5 | the jurisdiction of the board. For purposes of this |
6 | section, "board" shall mean a zoning hearing board or |
7 | other body granted jurisdiction to render decisions in |
8 | accordance with the act of July 31, 1968 (P.L.805, |
9 | No.247), known as the Pennsylvania Municipalities |
10 | Planning Code, or a similar board in municipalities not |
11 | subject to that act. |
12 | (ii) In any proceeding before a board other than the |
13 | governing body of the municipality, the municipality may |
14 | appear to present evidence that the applicant is subject |
15 | to a denial by the board in accordance with this section. |
16 | (iii) For purposes of this subsection, a municipal |
17 | permit may only be denied to an applicant other than an |
18 | owner if: |
19 | (A) the applicant is acting under the direction, |
20 | or with the permission, of an owner; and |
21 | (B) the owner owns real property satisfying the |
22 | conditions of subsection (a). |
23 | (c) Applicability of other law.--A denial of a building | <-- |
24 | permit, zoning permit, zoning variance, municipal license, |
25 | municipal permit or municipal approval for contemplated actions |
26 | that requires approval of a municipality permit shall be subject | <-- |
27 | to the provisions of 2 Pa.C.S. Chs. 5 Subch. B (relating to |
28 | practice and procedure of local agencies) and 7 Subch. B |
29 | (relating to judicial review of local agency action) or the | <-- |
30 | Pennsylvania Municipalities Planning Code, for denials subject |
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1 | to the act. |
2 | SUBCHAPTER D |
3 | MISCELLANEOUS PROVISIONS |
4 | Sec. |
5 | 6141. Education and training programs for judges (Reserved). | <-- |
6 | 6142. County housing courts (Reserved). | <-- |
7 | 6143. Conflict with other laws. |
8 | 6144. Relief for inherited property. | <-- |
9 | 6145. Construction. |
10 | § 6141. Education and training programs for judges (Reserved). | <-- |
11 | The Administrative Office of Pennsylvania Courts may develop | <-- |
12 | and implement annual and ongoing education and training programs |
13 | for judges, including magisterial district judges, regarding the |
14 | laws of this Commonwealth relating to blighted and abandoned |
15 | property and the economic impact that blighted and abandoned |
16 | properties have upon municipalities. The education and training |
17 | programs shall include, but not be limited to: |
18 | (1) The importance and connection of code violations and |
19 | crime. |
20 | (2) Time-in-fact violations as they relate to code |
21 | violations. |
22 | (3) Conduct of witnesses in prosecuting code violations. |
23 | (4) Limiting continuances in code violations. |
24 | (5) Use of indigency hearings in the prosecution of code |
25 | violations. |
26 | § 6142. County housing courts (Reserved). | <-- |
27 | Upon a request or approval of a resolution by the county | <-- |
28 | commissioners, the president judge of a county may establish a |
29 | housing court to hear and decide matters arising under this |
30 | chapter and other laws relating to real property matters. |
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1 | § 6143. Conflict with other law. |
2 | In the event of a conflict between the requirements of this |
3 | chapter and Federal requirements applicable to demolition, |
4 | disposition or redevelopment of buildings, structures or land |
5 | owned by or held in trust for the Government of the United |
6 | States and regulated pursuant to the United States Housing Act |
7 | of 1937 (50 Stat. 888, 42 U.S.C. § 1437 et seq.) and the |
8 | regulations promulgated thereunder, the Federal requirements |
9 | shall prevail. |
10 | § 6144. Relief for inherited property. | <-- |
11 | Where property is inherited by will or intestacy, the devisee |
12 | or heir shall be given the opportunity to make payments on |
13 | reasonable terms to correct code violations or to enter into a |
14 | remediation agreement under section 6131(b)(1)(iii) (relating to |
15 | municipal permit denial) with a municipality to avoid subjecting |
16 | the devisee's or heir's other properties to asset attachment or |
17 | denial of permits and approvals on other properties owned by the |
18 | devisee or heir. |
19 | § 6145. Construction. |
20 | Nothing in this chapter shall be construed to abridge or |
21 | alter the remedies now existing at common law or by statute, but |
22 | the provisions of this chapter are in addition to such remedies. |
23 | Section 2 3. This act shall take effect in 90 180 days. | <-- |
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