PRINTER'S NO. 2426
No. 1969 Session of 1995
INTRODUCED BY READSHAW, WALKO, MARKOSEK, TRELLO, COWELL,
MICHLOVIC, MAYERNIK AND DeLUCA, AUGUST 23, 1995
REFERRED TO COMMITTEE ON URBAN AFFAIRS, AUGUST 23, 1995
AN ACT
1 Declaring buildings and parts of buildings in cities of the
2 second class used for purposes of illegal use and sale of
3 narcotics to be nuisances and providing a method for their
4 abatement; and imposing penalties.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Short title.
8 This act shall be known and may be cited as the Second Class
9 City Crack House Act.
10 Section 2. Building used for illegal use and sale of narcotics.
11 Any building or part of a building used for the purpose of
12 illegal use and sale of narcotics is hereby declared to be a
13 common nuisance per se. Any building so used shall be subject to
14 an action in rem in a court of common pleas for injunctive or
15 other equitable relief, and any person who maintains, manages,
16 frequents at least weekly, owns or resides in a building under
17 this section shall be subject to an action in personam in a
18 court of common pleas for injunctive or other equitable relief.
1 In addition to equitable relief, the court shall have the right
2 to refer the matter to the district attorney for criminal
3 prosecution.
4 Section 3. Knowledge of unlawful use by owner.
5 If a person, being the owner of any building, has knowledge
6 of or reason to believe that the building or a part thereof is
7 used for the purposes of the illegal use and sale of narcotics
8 and permits the same to be so used, the building shall be
9 subject to a lien for and may be sold to pay all fines and costs
10 assessed against the person guilty of maintaining the nuisance
11 for a violation of this act. The total amount of any fine and
12 costs may be entered by the filing of a certificate thereof by
13 the clerk of the court in which the same was imposed in the
14 court of common pleas of the county and shall remain a lien in
15 favor of the county until paid. Judgment may be obtained thereon
16 and execution issued in the manner provided by law in the case
17 of municipal liens.
18 Section 4. Action to enjoin nuisance.
19 (a) Parties.--An action to enjoin a nuisance under this act
20 may be brought in the name of the Commonwealth by any of the
21 following:
22 (1) The Attorney General.
23 (2) The district attorney of the county concerned.
24 (3) Any public housing authority concerning a public
25 housing building or a building within 500 feet of a public
26 housing building.
27 (4) Any public school district or any private school
28 board of trustees or directors concerning a building within
29 500 feet of any of their schools or a building which a court
30 determines is situated where the school's students pass the
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1 building when traveling to school.
2 (5) Any municipality concerning a building within 500
3 feet of any public facility.
4 (6) Any church concerning a building within 500 feet of
5 any church facility.
6 (7) Any resident or group of residents residing within
7 500 feet of the nuisance.
8 An action to enjoin a nuisance shall be brought and tried as an
9 action in equity in rem, in personam or both in rem and in
10 personam in the court of common pleas of the county.
11 (b) Procedures.--If it is made to appear by affidavits or
12 otherwise to the satisfaction of the court that a nuisance
13 exists, a temporary writ of injunction shall be issued, directed
14 to the owner of the building and to the person so using the
15 same, restraining the owner and the person from conducting or
16 permitting the continuance of the nuisance until the conclusion
17 of the hearing and decision thereon. A bond shall not be
18 required in instituting proceedings under this section, but, in
19 the event the claim of a nuisance under this act is not
20 established, the court shall, without any discretion to suspend,
21 abate or waive damages, assess damages and enter judgment
22 against the plaintiff in the amount actually spent by the
23 defendant to defend the action, or reasonable attorney fees and
24 costs as the court shall determine, and, in addition thereto,
25 the actual earnings lost by the defendant and any witnesses for
26 the defendant as a result of proceedings commenced under this
27 act.
28 Section 5. Abatement of nuisance.
29 It shall not be necessary for the court to find the property
30 involved was being unlawfully used under this act at the time of
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1 the hearing, but, on finding that the material allegations of
2 the petition are true, the court shall order that the building
3 or any part thereof may not be used for any unlawful purpose
4 under this act. Upon judgment of the court ordering the nuisance
5 to be abated, the court may order that the building or any part
6 thereof shall not be occupied or used for any purpose whatsoever
7 for one year thereafter, but the court may in its discretion
8 permit the building to be occupied or used if the owner thereof
9 shall give bond, with sufficient surety to be approved by the
10 court making the order, in an amount of not less than $1,000 nor
11 more than $25,000, payable to the Commonwealth, and conditioned
12 that the building or part thereof shall not be used for any
13 unlawful purpose under this act, and that the owner will pay all
14 fines, costs and damages that may be assessed upon the property
15 for any violation of this act.
16 Section 6. Violation of injunction and contempt.
17 Any person, any owner of a building or any agent of the owner
18 who, after any injunction or order has been granted under this
19 act, uses the building or any part thereof for the illegal use
20 and sale of narcotics, or knowingly permits the same to be so
21 used, may be adjudicated in contempt of court and, in addition,
22 commits a felony of the first degree and shall, upon conviction,
23 be sentenced to pay a fine of $25,000 or to imprisonment for not
24 more than 20 years, or both.
25 Section 7. Applicability.
26 This act shall apply only in cities of the second class.
27 Section 8. Effective date.
28 This act shall take effect in 60 days.
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