PRINTER'S NO. 2724
No. 2104 Session of 1999
INTRODUCED BY HABAY, REINARD, PETRONE, STURLA, STETLER, McGEEHAN
AND HENNESSEY, DECEMBER 1, 1999
REFERRED TO COMMITTEE ON URBAN AFFAIRS, DECEMBER 1, 1999
AN ACT
1 Authorizing the Commonwealth and municipalities to take action
2 to eradicate urban blight; and providing for liens and tax
3 claim hardships.
4 TABLE OF CONTENTS
5 Chapter 1. General Provisions
6 Section 101. Short title.
7 Section 102. Legislative declaration.
8 Section 103. Definitions.
9 Chapter 2. Commonwealth Permit and License Denial
10 Section 201. Authority.
11 Chapter 3. Private Asset Attachment
12 Section 301. Authority.
13 Chapter 4. Statewide Computer Registry
14 Section 401. Short title of chapter.
15 Section 402. Legislative intent.
16 Section 403. Definitions.
17 Section 404. Property maintenance code violations registry.
18 Section 405. Property maintenance code violation reports.
1 Section 406. Dissemination of information by department.
2 Section 407. Expungement.
3 Section 408. Administrative requirements.
4 Section 409. Security requirements.
5 Section 410. Audit.
6 Section 411. Imposition of surcharge.
7 Chapter 5. Tax Claim Hardships
8 Section 501. Extension of period for discharge of tax claim.
9 Section 502. Extension for elderly.
10 Section 503. Default on payments.
11 Section 504. Hearing.
12 Section 505. Purchaser responsibility.
13 Chapter 6. Miscellaneous Provisions
14 Section 601. Effective date.
15 The General Assembly of the Commonwealth of Pennsylvania
16 hereby enacts as follows:
17 CHAPTER 1
18 GENERAL PROVISIONS
19 Section 101. Short title.
20 This act shall be known and may be cited as the Pennsylvania
21 Urban Blight Eradication Act.
22 Section 102. Legislative declaration.
23 There exists urban blight in this Commonwealth.
24 Section 103. Definitions.
25 The following words and phrases when used in this act shall
26 have the meanings given to them in this section unless the
27 context clearly indicates otherwise:
28 "Serious violations." Include housing, building, property
29 maintenance or fire safety code violations that pose an
30 immediate threat to the health and safety of dwelling occupants
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1 or occupants in surrounding structures and passers by.
2 "Substantial steps." An affirmative action on the part of
3 the property owner or managing agent as determined by the
4 municipality to remedy code violations, involving physical
5 improvements or preparations to the property.
6 CHAPTER 2
7 COMMONWEALTH PERMIT AND LICENSE DENIAL
8 Section 201. Authority.
9 (a) Denial.--All departments, boards and commissions shall
10 deny issuing to any applicant, any State permit, variance,
11 license or State approval for contemplated action requiring such
12 approval, if the applicant:
13 (1) owns any real property in any municipality in this
14 Commonwealth which is tax delinquent;
15 (2) 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
18 safety code requirements, and has not taken substantial steps
19 to bring the property into code compliance. All municipal
20 variances, approvals, permits or licenses may be withheld
21 until such time as the applicant satisfactorily demonstrates
22 that all real property owned by the applicant in this
23 Commonwealth is not tax delinquent, is in code compliance or
24 that substantial steps have been taken to bring the property
25 into code compliance; or
26 (3) any violation of any applicable State or municipal
27 housing, building, property maintenance or fire safety code
28 requirements for which the property owner has taken no
29 substantial steps to correct within six months following
30 notification of the violation.
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1 (b) Dissemination.--The Commonwealth is authorized to
2 provide, upon request of a municipality or resident of this
3 Commonwealth, a list of the names and addresses of any property
4 owners with property maintenance code violations or tax
5 delinquencies or both.
6 CHAPTER 3
7 PRIVATE ASSET ATTACHMENT
8 Section 301. Authority.
9 In addition to the remedies contained in other statutes, a
10 municipality may institute in personam actions or proceedings at
11 law or in equity against the legal owner or owner of record of
12 any building, housing or land in serious violation of any
13 ordinance regarding building and housing codes. Any action
14 against the owner of record shall be for an amount equal to any
15 penalties and any amount expended by the municipality in abating
16 the violation. An in personam action may also be initiated
17 pursuant to this section for a continuing violation for which
18 the legal owner of record takes no substantial steps as defined
19 in section 102 to correct, within six months following
20 notification of any violation.
21 CHAPTER 4
22 STATEWIDE COMPUTER REGISTRY
23 Section 401. Short title of chapter.
24 This chapter shall be known and may be cited as the Property
25 Maintenance Code Violations Registry Act.
26 Section 402. Legislative intent.
27 It is the intent of the General Assembly to eliminate the
28 neighborhood blight caused by real property owners who fail to
29 comply with municipal property maintenance codes. Neighborhood
30 blight may be partially eliminated by giving the Commonwealth
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1 and municipalities access to information pertaining to the
2 current property maintenance code violations of property owners
3 applying for State and municipal permits. Access to this
4 information can be facilitated by the creation of a Statewide
5 central registry which contains a comprehensive listing of real
6 property owners along with property violations for which the
7 real property owner was convicted.
8 Section 403. Definitions.
9 The following words and phrases when used in this chapter
10 shall have the meanings given to them in this section unless the
11 context clearly indicates otherwise:
12 "Applicant." Any owner of real property who applies for any
13 State license or certification or municipal permit.
14 "Commonwealth agency." The Governor, departments, boards,
15 agencies, commissions, authorities and other officers of the
16 Commonwealth, including those subject to the policy supervision
17 and control of the Governor. The term does not include any court
18 or other officer or agency of the unified judicial system or the
19 General Assembly or any of its officers and agencies.
20 "Department." The Department of Community and Economic
21 Development of the Commonwealth.
22 "License." A permit granted by the Commonwealth or one of
23 its agencies which gives permission to the applicant to
24 participate in a certain activity or exercise a certain
25 privilege.
26 "Licensing" or "certification." The issuance of a license or
27 the formal assertion in writing of some fact or qualification
28 from the Commonwealth or one of its agencies.
29 "Municipal permits." Building permits, exceptions to zoning
30 ordinances, occupancy permits and other privileges granted by a
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1 municipality.
2 "Municipality." A county, city, borough, incorporated town
3 or township, including any home rule municipality.
4 "Property maintenance code." Any municipal ordinance which
5 regulates the maintenance or development of real property. The
6 term includes building codes, housing codes and public safety
7 codes.
8 "Property maintenance code violation." A violation of a
9 property maintenance code.
10 Section 404. Property maintenance code violations registry.
11 (a) Establishment.--The department shall establish,
12 implement and administer a property maintenance code violations
13 registry.
14 (b) Composition.--The property maintenance code violations
15 registry shall contain property maintenance code violation
16 reports filed by municipalities under section 405.
17 Section 405. Property maintenance code violation reports.
18 (a) Municipalities to file.--Any municipality may file a
19 property maintenance code violation report for any person who
20 owns real property within that municipality with current
21 property maintenance code violations that have gone unabated for
22 90 days or more.
23 (b) Forms provided.--Property maintenance code violation
24 reports shall be made on forms provided by the department or may
25 be made electronically.
26 (c) Information included.--Property maintenance code
27 violation reports shall include the following information:
28 (1) The name of the convicted property maintenance code
29 violator.
30 (2) The Social Security number of the violator.
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1 (3) The legal description of the real property which is
2 in violation of the municipal property maintenance code.
3 (4) A description of the condition of the real property
4 which resulted in the property maintenance code violation.
5 (5) The date of the original property maintenance code
6 violation.
7 (6) The amount of penalties owed or liens attached to
8 the property with maintenance code violations.
9 (7) The municipality filing the report.
10 (d) Duties of municipality.--
11 (1) Any municipality that files a property maintenance
12 code violation report shall follow the guidelines for
13 expungement under section 407.
14 (2) Every municipality shall make available to the
15 public a list of property owners that are in violation of
16 building code provisions. The list shall include the
17 addresses of the property owners.
18 Section 406. Dissemination of information by department.
19 (a) Requests by municipalities.--
20 (1) Municipalities may request a copy of any property
21 maintenance code violation report on any pending applicant
22 for any municipal permit by submitting a property maintenance
23 code violation report request form to the department or
24 making the request electronically.
25 (2) The department shall disseminate all property
26 maintenance code violation reports relating to the municipal
27 permit applicant to the requesting municipality within two
28 weeks of receipt of a property maintenance code violation
29 report request from that municipality.
30 (3) The municipality shall notify the applicant in
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1 writing of the reasons for a decision which denies the
2 applicant the municipal permit requested if that decision is
3 based in whole or in part on information contained in the
4 property maintenance code violations registry.
5 (b) Requests by Commonwealth.--
6 (1) Commonwealth agencies may request a copy of any
7 property maintenance code violation report on any pending
8 applicant for licensing or certification by submitting a
9 property maintenance code violation report request form to
10 the department or making the request electronically.
11 (2) The department shall disseminate all property
12 maintenance code violation reports relating to the State
13 license or certification applicant to a requesting State
14 agency within two weeks of receipt of a property maintenance
15 code violation report request from that Commonwealth agency.
16 (3) The Commonwealth agency shall notify the applicant
17 in writing of the reasons for a decision which denies the
18 licensing or certification requested by that applicant if
19 that decision is based in whole or in part on information
20 contained in the property maintenance code violations
21 registry.
22 (c) Hearing.--If requested by the applicant, a hearing will
23 be scheduled to appeal any decision made as a result of
24 municipal property maintenance code violation convictions under
25 subsection (a)(3) or (b)(3). If the applicant can show cause why
26 the municipal property maintenance code violation convictions
27 should not be considered, the State or municipality shall
28 reevaluate the applicant's request for State licenses or
29 certifications respectively or municipal permits.
30 (d) Record of dissemination.--The department shall maintain
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1 a listing of Commonwealth agencies and all municipalities that
2 requested information on a particular real property owner and
3 the date on which the information was disseminated. This
4 dissemination listing shall be maintained separately from the
5 record.
6 (e) Dissemination fee.--There shall be no fee assessed for
7 the dissemination of property maintenance code violations
8 information.
9 Section 407. Expungement.
10 Each municipality which filed a report with the department
11 shall notify the department when the real property is brought
12 into code compliance. The department shall include that
13 information as part of the official record for that specific
14 property and violator upon notification by the reporting
15 municipality.
16 Section 408. Administrative requirements.
17 (a) Registry maintenance.--The department shall be
18 responsible for the maintenance of the property maintenance code
19 violations registry and shall promulgate regulations necessary
20 for the establishment and operation of the property maintenance
21 code violations registry.
22 (b) Forms.--The department shall develop property
23 maintenance code violation report forms and property maintenance
24 code violation report request forms as well as procedures to
25 obtain the information electronically.
26 (c) Quality control.--The department shall establish
27 procedures, in compliance with regulations promulgated by the
28 Attorney General, for the completeness and accuracy of
29 information in the property maintenance code violations
30 registry.
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1 Section 409. Security requirements.
2 The department shall ensure the confidentiality and security
3 of the information contained in the property maintenance code
4 violations registry by providing that:
5 (1) Procedures have been instituted to reasonably
6 protect the property maintenance code violations registry
7 from theft, fire, sabotage, flood, wind or other natural or
8 manmade disasters.
9 (2) All personnel authorized to have access to property
10 violation history record information are selected, supervised
11 and trained accordingly.
12 Section 410. Audit.
13 (a) Audit required.--The Auditor General shall conduct
14 annual performance audits of the property maintenance code
15 violations registry.
16 (b) Access to records.--Persons conducting the audit shall
17 be provided with access to all records, reports and listings
18 required to conduct an audit of property maintenance code
19 violations record information. All persons with access to such
20 information or authorized to receive information shall cooperate
21 with and provide information requested.
22 (c) Contents of audit.--The audit shall contain a report of
23 any deficiencies and any recommendations for the correction of
24 such deficiencies. The department shall respond to the audit
25 recommendations within a reasonable period of time unless the
26 audit report is appealed to the Auditor General and the appeal
27 is upheld.
28 (d) Modification of recommendations.--The Auditor General
29 shall have the power to modify the corrective measures
30 recommended by the audit upon appeal of the audit
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1 recommendations by the department.
2 Section 411. Imposition of surcharge.
3 There is imposed on each individual convicted of a municipal
4 property maintenance code violation a surcharge in the amount of
5 $10 for each municipal property maintenance code violation
6 resulting in a conviction. This surcharge shall be in addition
7 to any other applicable fees or charges lawfully collected by
8 the municipality and court. The municipality shall collect the
9 surcharge and remit all funds to the department on a quarterly
10 basis. Funds generated by the surcharge shall be used to finance
11 the Statewide implementation of the property maintenance code
12 violations registry.
13 CHAPTER 5
14 TAX CLAIM HARDSHIPS
15 Section 501. Extension of period for discharge of tax claim.
16 A municipality shall retain a lien for the total amount of
17 taxes owed on a property upon the entering of an equitable
18 apportioned payment schedule with a municipal tax claim bureau.
19 Section 502. Extension for elderly.
20 A municipality shall retain a lien for the total amount of
21 taxes owed on the property upon the entering of an equitable
22 apportioned payment schedule with a municipal tax claim bureau.
23 Section 503. Default on payments.
24 If an applicant defaults on any payment of an equitable
25 apportioned payment schedule the lien on the property shall be
26 immediately satisfied by upset sale under Article VI of the act
27 of July 7, 1947 (P.L.1368, No.542), known as the Real Estate Tax
28 Sale Law.
29 Section 504. Hearing.
30 If requested by the applicant, a hearing shall be scheduled
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1 to appeal any decision made as a result of the default of an
2 equitable apportioned payment. Should the applicant provide
3 sufficient reason for the default of the scheduled payment, the
4 authorized extension shall be reevaluated and reinstated under
5 this chapter.
6 Section 505. Purchaser responsibility.
7 (a) Purchaser's duties.--After the deed has been conveyed to
8 the purchaser of the property at a sheriff's sale, if the
9 property does not comply with municipal housing and building
10 code standards, then it shall be the responsibility of the
11 purchaser to:
12 (1) Commence the abatement of substandard conditions
13 within 30 days of sale confirmation.
14 (2) Bring the property into full municipal housing and
15 building code compliance within nine months of the sale
16 confirmation.
17 (b) Municipal authority.--Municipalities shall be authorized
18 to extend or reevaluate the time frames established in
19 subsection (a) as deemed necessary.
20 (c) Appeal hearing.--If requested by the purchaser, a
21 hearing shall be scheduled to appeal any decision made as a
22 result of the failure to achieve code compliance under
23 subsection (a). Should the purchaser provide sufficient reason
24 for the failure to comply with the municipal housing and
25 building code, an authorized extension shall be granted by the
26 municipality pursuant to subsection (b).
27 (d) Resale.--If the purchaser of the property fails to
28 achieve full code compliance under subsection (a), upon petition
29 of the municipality to the court of common pleas, the property
30 shall be put up for sale as the court shall direct, and the
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1 purchaser shall receive the net proceeds from the resale of the
2 property in question.
3 CHAPTER 6
4 MISCELLANEOUS PROVISIONS
5 Section 601. Effective date.
6 This act shall take effect in 60 days.
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