THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

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 AND KITCHEN, JUNE 17, 2009

AS AMENDED ON THIRD CONSIDERATION, JULY 1, 2010   

AN ACT

Amending Title 53 (Municipalities Generally) of the Pennsylvania

Consolidated Statutes, providing for neighborhood blight

reclamation and revitalization.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Title 53 of the Pennsylvania Consolidated

Statutes is amended by adding a chapter to read:

CHAPTER 61

NEIGHBORHOOD BLIGHT

RECLAMATION AND REVITALIZATION

Subchapter

A.  Preliminary Provisions

B.  Actions Against Owner of Blighted Property

C.  Permit Denials by Municipalities

D.  Miscellaneous Provisions

SUBCHAPTER A

PRELIMINARY PROVISIONS

Sec.

6101.  Short title of chapter.

6102.  Definitions.

§ 6101.  Short title of chapter.

This chapter shall be known and may be cited as the

Neighborhood Blight Reclamation and Revitalization Act.

§ 6102.  Definitions.

The following words and phrases when used in this chapter

shall have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Blighted property."  Any of the following:

(1)  Premises which, because of physical condition or

use, have been declared by a court of competent jurisdiction

as a public nuisance at common law or have been declared a

public nuisance in accordance with the local housing,

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building, plumbing, fire and related State laws and related

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municipal codes and ordinances, including nuisance and

dangerous building ordinances.

(2)  Premises which, because of physical condition, use

or occupancy, are considered an attractive nuisance to

children, including, but not limited to, abandoned wells,

shafts, basements, excavations and unsafe fences or

structures.

(3)  A dwelling which, because it is dilapidated,

unsanitary, unsafe, vermin-infested or lacking in the

facilities and equipment required under the housing code of

the municipality, has been designated by the municipal

department responsible for enforcement of the code as unfit

for human habitation.

(4)  A structure which is a fire hazard.

(5)  A vacant or unimproved lot or parcel of ground in a

predominantly built-up neighborhood which, by reason of

neglect or lack of maintenance, has become a place for

accumulation of trash and debris or a haven for rodents or

other vermin.

(6)  An unoccupied property which has been tax delinquent

for a period of two years.

(7)  A property which is vacant but not tax delinquent

and which has not been rehabilitated within one year of the

receipt of notice to rehabilitate from the appropriate code

enforcement agency.

"Building."  A residential, commercial or industrial building

or structure and the land appurtenant to it.

"Code."  A building, housing, property maintenance, fire,

health or other public safety ordinance enacted by a

municipality.

"Competent entity."  A person or entity, including a

governmental unit, with experience in the rehabilitation of

residential, commercial or industrial buildings and the ability

to provide or obtain the necessary financing for such

rehabilitation.

"Consumer."  A person who is a named insured, insured or

beneficiary of a policy of insurance or any other person who may

be affected by the Insurance Department's exercise of or the

failure to exercise its authority.

"Cost of rehabilitation."  Costs and expenses for

construction, stabilization, rehabilitation, demolition and

reasonable nonconstruction costs associated with any of these

projects, including, but not limited to, environmental

remediation, architectural, engineering and legal fees, permits,

financing fees and a developer's fee consistent with the

standards for developer's fees established by the Pennsylvania

Housing Finance Agency.

"Court."  The appropriate court of common pleas.

"Mortgage lender."  A business association defined as a

"banking institution" or "mortgage lender" under 7 Pa.C.S. Ch.

61 (relating to mortgage loan industry licensing and consumer

protection) that is in possession of or holds title to real

property pursuant to, in enforcement of or to protect rights

arising under, a mortgage, mortgage note, deed of trust or other

transaction that created a security interest in the real

property.

"Municipality."  A city, borough, incorporated town, township

or home rule, optional plan or optional charter municipality or

municipal authority in this Commonwealth. The term also includes

any other governmental entity charged with enforcement of

municipal housing, building, plumbing, fire and related codes

and specifically includes a neighborhood improvement district

and nonprofit corporation created under the act of December 20,

2000 (P.L.949, No.130), known as the Neighborhood Improvement

District Act.

"Municipal permits."  Privileges relating to real property

granted by a municipality, including, but not limited to,

building permits, exceptions to zoning ordinances and occupancy

permits.

"Owner."  A holder of the title to residential, commercial or

industrial real estate, other than a mortgage lender, who

possesses and controls the real estate. The term includes, but

is not limited to, heirs, assigns, beneficiaries and lessees,

provided this ownership interest is a matter of public record.

"Property maintenance code."  A municipal ordinance which

regulates the maintenance or development of real property.

"Property maintenance code violation."  A violation of a

municipal property maintenance code.

"Public nuisance."  Property which, because of its physical

condition or use, is regarded as a public nuisance at common law

or has been declared by the appropriate official a public

nuisance in accordance with a municipal code.

"Serious violation."  A violation of a State law or municipal

housing, building, property maintenance or fire safety code that

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poses an immediate threat to the health and safety of a dwelling

occupant, occupants in surrounding structures or passersby.

"Substantial step."  An affirmative action as determined by

an independent third party or officer of the court on the part

of a property owner or managing agent to remedy a serious 

violation of a State law or municipal code, including, but not

limited to, physical improvements or reparations to the

property.

"Tax delinquent property."  Tax delinquent real property as

defined under the act of July 7, 1947 (P.L.1368, No.542), known

as the Real Estate Tax Sale Law, located in any municipality in

this Commonwealth.

SUBCHAPTER B

ACTIONS AGAINST OWNER OF BLIGHTED PROPERTY

Sec.

6111.  Actions.

6112.  Asset attachment.

6113.  Duty of out-of-State owners of real estate in this

Commonwealth.

6114.  Duty of corporate owners.

§ 6111.  Actions.

In addition to other remedies, a municipality may institute

the following actions against the owner of any building, housing

or land in serious violation of an ordinance regarding a code or

which causes the property to be blighted:

(1)  An in personam action may be initiated for a

continuing violation for which the owner takes no substantial

step to correct within six months following receipt of an

order to correct the violation, unless the order is subject

to a pending appeal before the administrative agency or

court.

(2)  An action against the owner shall be for an amount

equal to any penalties imposed against the owner and for the

amount expended by the municipality to abate the violation.

(3)  A proceeding in equity.

§ 6112.  Asset attachment.

(a)  General rule.--A lien may be placed against the assets

of an owner of unremediated blighted real property after a

judgment, decree or order is entered by a court of competent

jurisdiction against the owner of the property.

(b)  Construction.--Nothing in this section shall be

construed to authorize, in the case of an owner that is a

corporation, a lien on the individual assets of the shareholders

of the corporation.

§ 6113.  Duty of out-of-State owners of real estate in this

Commonwealth.

A person who lives or has a principal place of residence

outside this Commonwealth, who owns real estate in this

Commonwealth against which code violations have been cited under

18 Pa.C.S. § 7510 (relating to municipal housing code

avoidance), and who has been properly notified of the violations

may be extradited to this Commonwealth to face criminal

prosecution.

§ 6114.  Duty of corporate owners.

Where, after reasonable efforts, service of process for a

notice or citation for any code violation for any property owned

by a corporation or business association cannot be accomplished

by handing a copy of the notice or citation to an executive

officer, partner or trustee of the corporation or business

association or to the manager, trustee or clerk in charge of the

property, the delivery of the notice or citation may occur by

registered mail, accompanied by a delivery confirmation:

(1)  To the registered office of the corporation or

business association.

(2)  Where a corporation or business association does not

have a registered office, to the mailing address used for

real estate tax collection purposes, if accompanied by the

posting of a conspicuous notice to the property and by

handing a copy of the notice or citation to any adult in

possession of the property.

SUBCHAPTER C

PERMIT DENIALS BY MUNICIPALITIES

Sec.

6131.  Municipal permit denial.

§ 6131.  Municipal permit denial.

(a)  Denial.--

(1)  A municipality may deny issuing to an applicant a

building permit, zoning permit, zoning variance, municipal

license, municipal permit or municipal approval for

contemplated action that requires the approval of the

municipality, if any of the following final and unappealable

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tax, water, sewer or refuse collection delinquencies or

serious violations of State law or municipal code for real

property which:

(i)  The applicant owns in any municipality.

(ii)  Is in serious violation of an applicable State

law or municipal code requirement and the applicant has

taken no substantial steps to correct within six months

following notification of the violation. the applicant

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owns real property in any municipality for which there

exists on the real property:

(i)  a final and unappealable tax, water, sewer or

refuse collection delinquency on account of the actions

of the owner; or

(ii)  a serious violation of State law or municipal

code and the owner has taken no substantial steps to

correct the violation within six months following

notification of the violation.

(2)  The municipal permit denial shall not apply to an

applicant's action to correct a violation of an applicable

State law or municipal code for which the building permit,

zoning permit, zoning variance, municipal license, municipal

permit or municipal approval for contemplated action

requiring such approval is required.

(3)  The municipal permit denial shall not apply to an

applicant's delinquency on taxes, water, sewer or refuse

collection charges that are under appeal or otherwise

contested through a court or administrative process.

(b)  Proof of compliance.--

(1)  All municipal variances, approvals, permits or

licenses may be withheld until an applicant obtains a letter

from the appropriate State agency, municipality or school

district indicating the following:

(i)  The the property in question is not presently

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tax delinquent.;

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(ii)  The the property in question is now in code

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compliance.; or

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(iii)  The the owner of the property has presented

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and the appropriate State agency or municipality has

accepted a plan to begin remediation of a serious

violation of State law or municipal code, subject to the

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following:

(A)  acceptance of the plan may be contingent on

the beginning of the remediation plan within no fewer

than 30 days following acceptance of the plan; or

(B)  acceptance of the plan may be contingent

upon the completion of the remediation plan within no

fewer than 90 days from the commencement of the

remediation plan.. Acceptance of the plan may be

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contingent on:

(A)  Beginning the remediation plan within no

fewer than 30 days following acceptance of the plan.

(B)  Completing the remediation plan within no

fewer than 90 days following commencement of the

plan.

(2)  Letters required under this subsection shall be

verified by the appropriate municipal officials before

issuing to the applicant a municipal variance, approval,

permit or license.

(c)  Applicability of other law.--A denial of a building

permit, zoning permit, zoning variance, municipal license,

municipal permit or municipal approval for contemplated actions

that requires approval of a municipality shall be subject to the

provisions of 2 Pa.C.S. Chs. 5 Subch. B (relating to practice

and procedure of local agencies) and 7 Subch. B (relating to

judicial review of local agency action).

SUBCHAPTER D

MISCELLANEOUS PROVISIONS

Sec.

6141.  Education and training programs for judges.

6142.  County housing courts.

6143.  Conflict with other laws.

§ 6141.  Education and training programs for judges.

The Administrative Office of Pennsylvania Courts may develop

and implement annual and ongoing education and training programs

for judges, including magisterial district judges, regarding the

laws of this Commonwealth relating to blighted and abandoned

property and the economic impact that blighted and abandoned

properties have upon municipalities. The education and training

programs shall include, but not be limited to:

(1)  The importance and connection of code violations and

crime.

(2)  Time-in-fact violations as they relate to code

violations.

(3)  Conduct of witnesses in prosecuting code violations.

(4)  Limiting continuances in code violations.

(5)  Use of indigency hearings in the prosecution of code

violations.

§ 6142.  County housing courts.

Upon a request or approval of a resolution by the county

commissioners, the president judge of a county may establish a

housing court to hear and decide matters arising under this

chapter and other laws relating to real property matters.

§ 6143.  Conflict with other law.

In the event of a conflict between the requirements of this

chapter and Federal requirements applicable to demolition,

disposition or redevelopment of buildings, structures or land

owned by or held in trust for the Government of the United

States and regulated pursuant to the United States Housing Act

of 1937 (50 Stat. 888, 42 U.S.C. § 1437 et seq.) and the

regulations promulgated thereunder, the Federal requirements

shall prevail.

Section 2.  This act shall take effect in 90 days.