PRIOR PRINTER'S NO. 1280 PRINTER'S NO. 2551
No. 1132 Session of 1999
INTRODUCED BY PETRONE, REINARD, MARSICO, PIPPY, DEMPSEY,
HENNESSEY, RAMOS, YOUNGBLOOD, CORRIGAN, ROSS, ARGALL,
L. I. COHEN, STEVENSON, COSTA, BUNT, WRIGHT, FICHTER,
READSHAW, FREEMAN, McILHINNEY, STEELMAN, MAHER, E. Z. TAYLOR,
MANDERINO AND BROWNE, MARCH 29, 1999
AS REPORTED FROM COMMITTEE ON URBAN AFFAIRS, HOUSE OF
REPRESENTATIVES, AS AMENDED, OCTOBER 26, 1999
AN ACT
1 Amending the act of September 28, 1965 (P.L.543, No.282),
2 entitled, "An act authorizing incorporated towns to adopt and
3 enforce zoning ordinances regulating the location,
4 construction, and use of buildings, the size of courts and
5 open spaces, the density of population, and the use of land,"
6 authorizing boards of adjustment to deny applications if
7 applicant has a tax delinquency or housing violation relating
8 to real property.
9 The General Assembly of the Commonwealth of Pennsylvania
10 hereby enacts as follows:
11 Section 1. Section 7(g) of the act of September 28, 1965
12 (P.L.543, No.282), entitled, "An act authorizing incorporated
13 towns to adopt and enforce zoning ordinances regulating the
14 location, construction, and use of buildings, the size of courts
15 and open spaces, the density of population, and the use of
16 land," is amended by adding a paragraph read:
17 Section 7. Board of Adjustment.--* * *
18 (g) The board of adjustment shall have the following powers:
19 * * *
1 (4) To deny issuing to any applicant for same, a building
2 permit, zoning permit, zoning variance, municipal license,
3 municipal permit or municipal approval for contemplated action
4 requiring such approval, if the applicant owns any real property <--
5 in Pennsylvania which is tax delinquent or in violation of any
6 State or municipal housing, building, property maintenance or
7 fire safety code requirements. All municipal variances,
8 approvals, permits or licenses may be withheld by the
9 municipality until such time as the applicant can satisfactorily
10 demonstrate that all real property owned by the applicant in
11 Pennsylvania is in compliance with appropriate codes and is not
12 tax delinquent.: <--
13 (I) OWNS ANY REAL PROPERTY IN ANY MUNICIPALITY IN THIS
14 COMMONWEALTH WHICH IS TAX DELINQUENT; OR
15 (II) OWNS ANY PROPERTY IN THIS COMMONWEALTH THAT HAS BEEN
16 DETERMINED TO BE IN SERIOUS VIOLATION OF APPLICABLE STATE OR
17 MUNICIPAL HOUSING, BUILDING, PROPERTY MAINTENANCE OR FIRE SAFETY
18 CODE REQUIREMENTS, AND HAS NOT TAKEN SUBSTANTIAL STEPS TO BRING
19 THE PROPERTY INTO CODE COMPLIANCE.
20 ALL MUNICIPAL VARIANCES, APPROVALS, PERMITS OR LICENSES MAY
21 BE WITHHELD UNTIL SUCH TIME AS THE APPLICANT SATISFACTORILY
22 DEMONSTRATES THAT ALL REAL PROPERTY OWNED BY THE APPLICANT IN
23 THIS COMMONWEALTH IS NOT TAX DELINQUENT, IS IN CODE COMPLIANCE
24 OR SUBSTANTIAL STEPS HAVE BEEN TAKEN TO BRING THE PROPERTY INTO
25 CODE COMPLIANCE. FOR PURPOSES OF THIS SUBSECTION, "SERIOUS
26 VIOLATIONS" SHALL MEAN HOUSING, BUILDING, PROPERTY MAINTENANCE,
27 OR FIRE SAFETY CODE VIOLATIONS THAT POSE AN IMMEDIATE THREAT TO
28 THE HEALTH AND SAFETY OF DWELLING OCCUPANTS OR OCCUPANTS IN
29 SURROUNDING STRUCTURES AND PASSERS BY. "SUBSTANTIAL STEPS" SHALL
30 MEAN AN AFFIRMATIVE ACTION ON THE PART OF THE PROPERTY OWNER OR
19990H1132B2551 - 2 -
1 MANAGING AGENT AS DETERMINED BY THE MUNICIPALITY TO REMEDY CODE
2 VIOLATIONS, INVOLVING PHYSICAL IMPROVEMENTS OR PREPARATIONS TO
3 THE PROPERTY.
4 * * *
5 Section 2. This act shall take effect in 60 days.
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