PRINTER'S NO. 1278
No. 1130 Session of 1999
INTRODUCED BY WALKO, REINARD, MARSICO, PIPPY, HENNESSEY,
PETRONE, RAMOS, CORRIGAN, ROSS, ARGALL, L. I. COHEN, COSTA,
STEVENSON, J. TAYLOR, BUNT, WRIGHT, FICHTER, READSHAW,
FREEMAN, McILHINNEY, MAHER, WOGAN, STEELMAN, E. Z. TAYLOR AND
MANDERINO, MARCH 29, 1999
REFERRED TO COMMITTEE ON URBAN AFFAIRS, MARCH 29, 1999
AN ACT
1 Amending Title 42 (Judiciary and Judicial Procedure) of the
2 Pennsylvania Consolidated Statutes, establishing a cause of
3 action for building, housing and health code violations.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Title 42 of the Pennsylvania Consolidated
7 Statutes is amended by adding a section to read:
8 § 8313. Building, housing and health code violations.
9 (a) Cause of action.--Where any building, structure,
10 landscaping or land is or is proposed to be erected,
11 constructed, reconstructed, altered, converted, maintained or
12 used in violation of any building, housing or health ordinance
13 enacted pursuant to law by a municipality, the governing body of
14 the municipality or, with the approval of the governing body, an
15 officer of the municipality, or any aggrieved owner or tenant of
16 real property who shows that his property or person will be
17 substantially affected by the alleged violation, in addition to
1 other remedies, may institute an action or proceeding to
2 prevent, restrain, correct or abate such building, structure,
3 landscaping or land, or to prevent, in or about such premises,
4 any act, conduct, business or use constituting a violation. When
5 any such action is instituted by a landowner or tenant, notice
6 of that action shall be served upon the municipality at least 30
7 days prior to the time the action is begun by serving a copy of
8 the complaint on the governing body of the municipality. No such
9 action may be maintained until such notice has been given.
10 (b) Jurisdiction.--Except as provided in section 1143(a)(3)
11 (relating to jurisdiction and venue), district justices shall,
12 under procedures prescribed by general rule, have jurisdiction
13 of actions instituted pursuant to this section.
14 Section 2. This act shall take effect in 60 days.
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