1Amending Title 53 (Municipalities Generally) of the Pennsylvania
2Consolidated Statutes, in neighborhood blight and reclamation
3and revitalization, further providing for legislative
4findings and purpose, for definitions, for actions, for asset
5attachment, for duty of out-of-State owners of property in
6this Commonwealth, for duty of association and trust owners,
7for municipal permit denial, for conflict with other law and
8for relief for inherited property.

9The General Assembly of the Commonwealth of Pennsylvania
10hereby enacts as follows:

11Section 1. Sections 6102, 6103 and 6111 of Title 53 of the
12Pennsylvania Consolidated Statutes are amended to read:

13§ 6102. Legislative findings and purpose.

14The General Assembly finds and declares as follows:

15(1) There are deteriorated properties located in all
16municipalities of this Commonwealth as a result of neglect by
17their owners in violation of applicable State and municipal
18codes.

19(2) These deteriorated properties create public

1nuisances which have an impact on crime and the quality of
2life of our residents and require significant expenditures of
3public funds in order to abate and correct the nuisances.

4(3) In order to address these situations, it is
5appropriate to deny certain governmental permits and
6approvals in order:

7(i) To [prohibit] prevent property owners from
8further extending their financial commitments so as to
9render themselves unable to abate or correct the code,
10statutory and regulatory violations or tax delinquencies.

11(ii) To reduce the likelihood that other
12municipalities will have to address the owners' neglect
13and resulting deteriorated properties.

14(iii) To sanction the owners for not adhering to
15their legal obligations to the Commonwealth and its
16municipalities, as well as to tenants, adjoining property
17owners and neighborhoods.

18§ 6103. Definitions.

19The following words and phrases when used in this chapter
20shall have the meanings given to them in this section unless the
21context clearly indicates otherwise:

22["Building." A residential, commercial or industrial
23building or structure and the land appurtenant to it.

24"Code." A building, housing, property maintenance, fire, 
25health or other public safety ordinance enacted by a 
26municipality. The term does not include a subdivision and land 
27development ordinance or a zoning ordinance enacted by a 
28municipality.

29"Court." The appropriate court of common pleas.

30"Mortgage lender." A business association defined as a

1"banking institution" or "mortgage lender" under 7 Pa.C.S. Ch.
261 (relating to mortgage loan industry licensing and consumer
3protection) that is in possession of or holds title to real
4property pursuant to, in enforcement of or to protect rights
5arising under a mortgage, mortgage note, deed of trust or other
6transaction that created a security interest in the real
7property.]

8"Municipal code" or "code." A municipally enacted code or
9ordinance related to the use or maintenance of real property.
10The term includes any relevant building, housing, fire, health,
11safety or public nuisance code or ordinance.

12"Municipality." A city, borough, incorporated town, township 
13or home rule, optional plan or optional charter municipality or 
14municipal authority in this Commonwealth and any entity formed 
15pursuant to Subchapter A of Chapter 23 (relating to 
16intergovernmental cooperation).

17["Municipal permits." Privileges relating to real property 
18granted by a municipality, including, but not limited to, 
19building permits, exceptions to zoning ordinances and occupancy 
20permits. The term includes approvals pursuant to land use 
21ordinances other than decisions on the substantive validity of a 
22zoning ordinance or map or the acceptance of a curative 
23amendment.

24"Owner." A holder of the title to residential, commercial or 
25industrial real estate, other than a mortgage lender, who 
26possesses and controls the real estate. The term includes, but 
27is not limited to, heirs, assigns, beneficiaries and lessees, 
28provided this ownership interest is a matter of public record.

29"Public nuisance." Property which, because of its physical 
30condition or use, is regarded as a public nuisance at common law
 

1or has been declared by the appropriate official a public 
2nuisance in accordance with a municipal code.

3"Serious violation." A violation of a State law or a code 
4that poses an imminent threat to the health and safety of a 
5dwelling occupant, occupants in surrounding structures or a 
6passersby.

7"State law." A statute of the Commonwealth or a regulation
8of an agency charged with the administration and enforcement of
9Commonwealth law.

10"Substantial step." An affirmative action as determined by a 
11property code official or officer of the court on the part of a 
12property owner or managing agent to remedy a serious violation 
13of a State law or municipal code, including, but not limited to, 
14physical improvements or repairs to the property, which 
15affirmative action is subject to appeal in accordance with 
16applicable law.

17"Tax delinquent property." Tax delinquent real property as 
18defined under:

19(1) the act of July 7, 1947 (P.L.1368, No.542), known as
20the Real Estate Tax Sale Law;

21(2) the act of May 16, 1923 (P.L.207, No. 153), referred
22to as the Municipal Claim and Tax Lien Law; or

23(3) the act of October 11, 1984 (P.L.876, No.171), known
24as the Second Class City Treasurer's Sale and Collection Act,
25located in any municipality in this Commonwealth.]

26§ 6111. Actions.

27(a) General rule.--A municipal code shall be enforceable 
28through any legal, equitable or criminal proceeding permitted 
29under the laws of this Commonwealth. In addition to any other 
30remedy available at law or in equity, a municipality may
 

1institute the following actions [against the owner of any real 
2property that is in serious] for violation of a code or for 
3failure to correct a [condition which causes the property to be 
4regarded as a] public nuisance:

5[(1) (i) An in personam action may be initiated for a
6continuing violation for which the owner takes no
7substantial step to correct within six months following
8receipt of an order to correct the violation, unless the
9order is subject to a pending appeal before the
10administrative agency or court.

11(ii) Notwithstanding any law limiting the form of
12action for the recovery of penalties by a municipality
13for the violation of a code, the municipality may
14recover, in a single action under this section, an amount
15equal to any penalties imposed against the owner and any
16costs of remediation lawfully incurred by or on behalf of
17the municipality to remedy any code violation.

18(2) A proceeding in equity.]

19(3) Civil actions, including actions in assumpsit for
20the recovery of abatement or correction costs and for the
21collection of authorized interest and penalties.

22(4) Imposition of liens against real property for the
23recovery of abatement or correction costs and for the
24collection of authorized interest and penalties.

25(5) Criminal prosecution under 18 Pa.C.S. § 6504
26(relating to public nuisances).

27(6) Criminal prosecution under 18 Pa.C.S. § 7510
28(relating to municipal housing code avoidance).

29(b) Civil liability.--The following persons and entities
30shall be considered responsible parties and may be held liable

1to the same extent as an individual property owner:

2(1) A corporation, firm or other entity with a legal or
3equitable interest in or holding record title to real
4property.

5(2) A partner or agent of an owner who has control over
6real property.

7(3) Any other person or entity having control of real
8property, including the guardian of the estate of an owner
9and the administrator of the estate of an owner if ordered to
10take possession by a court of competent jurisdiction.

11(c) Criminal liability.--Corporations, unincorporated
12associations, agents and other persons may be convicted of a
13property-related criminal offense, in accordance with the
14provisions of 18 Pa.C.S. § 307 (relating to liability of
15organizations and certain related persons).

16Section 2. Section 6112 of Title 53 is repealed:

17[§ 6112. Asset attachment.

18(a) General rule.--A lien may be placed against the assets 
19of an owner of real property that is in serious violation of a 
20code or is regarded as a public nuisance after a judgment, 
21decree or order is entered by a court of competent jurisdiction 
22against the owner of the property for an adjudication under 
23section 6111 (relating to actions).

24(b) Construction.--Nothing in this section shall be
25construed to authorize, in the case of an owner that is an
26association or trust, a lien on the individual assets of the
27general partner or trustee, except as otherwise allowed by law,
28limited partner, shareholder, member or beneficiary of the
29association or trust.]

30Section 3. Section 6113 of Title 53 is amended to read:

1[§ 6113. Duty of out-of-State owners of property in this 
2Commonwealth.

3A person who lives or has a principal place of residence
4outside this Commonwealth, who owns property in this
5Commonwealth against which code violations have been cited and
6the person is charged under 18 Pa.C.S. (relating to crimes and
7offenses), and who has been properly notified of the violations
8may be extradited to this Commonwealth to face criminal
9prosecution to the full extent allowed and in the manner
10authorized by 42 Pa.C.S. Ch. 91 (relating to detainers and
11extradition).]

12§ 6113. Out-of-State owners of property in this Commonwealth.

13Liability may be imposed against any property owner or other
14responsible party domiciled outside this Commonwealth to the
15extent permitted by the Constitution of the United States, in
16accordance with 42 Pa.C.S. § 5322 (relating to bases of personal
17jurisdiction over persons outside this Commonwealth). Anyone
18charged with a criminal violation may be extradited to this
19Commonwealth to face prosecution to the extent and in the manner
20provided by 42 Pa.C.S. Ch. 91 (relating to detainers and
21extradition).

22Section 4. Section 6114 of Title 53 is repealed:

23[§ 6114. Duty of association and trust owners.

24Where, after reasonable efforts, service of process for a 
25notice or citation for any code violation for any real property 
26owned by an association or trust cannot be accomplished by 
27handing a copy of the notice or citation to an executive 
28officer, partner or trustee of the association or trust or to 
29the manager, trustee or clerk in charge of the property, the 
30delivery of the notice or citation may occur by registered,
 

1certified or United States Express mail, accompanied by a 
2delivery confirmation:

3(1) To the registered office of the association or
4trust.

5(2) Where the association or trust does not have a
6registered office, to the mailing address used for real
7estate tax collection purposes, if accompanied by the posting
8of a conspicuous notice to the property and by handing a copy
9of the notice or citation to the person in charge of the
10property at that time.]

11Section 5. Section 6131 of Title 53 is amended to read:

12§ 6131. Municipal permit denial.

13(a) Denial.--

14(1) A municipality [or a board under subsection (c)] may 
15deny [issuing to an applicant a municipal permit if the 
16applicant owns real property in any municipality for which 
17there exists on the real property:

18(i) a final and unappealable tax, water, sewer or
19refuse collection delinquency on account of the actions
20of the owner; or

21(ii) a serious violation of State law or a code and 
22the owner has taken no substantial steps to correct the 
23violation within six months following notification of the 
24violation and for which fines or other penalties or a 
25judgment to abate or correct were imposed by a 
26magisterial district judge or municipal court, or a 
27judgment at law or in equity was imposed by a court of 
28common pleas. However, no denial shall be permitted on 
29the basis of a property for which the judgment, order or 
30decree is subject to a stay or supersedeas by an order of
 

1a court of competent jurisdiction or automatically 
2allowed by statute or rule of court until the stay or 
3supersedeas is lifted by the court or a higher court or 
4the stay or supersedeas expires as otherwise provided by 
5law. Where a stay or supersedeas is in effect, the 
6property owner shall so advise the municipality seeking 
7to deny a municipal permit.] the permit application of a 
8property owner or agent thereof if, in any municipality 
9or jurisdiction in this Commonwealth, the applicant:

10(iii) owns property against which there is a tax or
11municipal lien;

12(iv) has failed to correct a code violation six
13months after the date of the initial citation; or

14(v) is subject to an outstanding warrant or
15unsatisfied judgment resulting from one or more municipal
16code violations.

17(2) A municipality or board shall not deny a municipal 
18permit to an applicant if the municipal permit is necessary 
19to correct a violation of State law or a code.

20(3) The municipal permit denial shall not apply to an 
21applicant's delinquency on taxes, water, sewer or refuse 
22collection charges that are under appeal or otherwise 
23contested through a court or administrative process.

24(4) In issuing a denial of a permit [based on an
25applicant's delinquency in real property taxes or municipal
26charges or for failure to abate a serious violation of State
27law or a code on real property that the applicant owns in
28this Commonwealth] under this section, the municipality [or
29board] shall indicate, with sufficient particularity, the 
30basis for the denial, including the street address[,

1municipal corporation and county in which the property is
2located and the court and docket number for each parcel cited
3as a basis for the denial. The denial shall also state that
4the applicant may request a letter of compliance from the
5appropriate State agency, municipality or school district, in
6a form specified by such entity as provided in this section.]
7of any implicated property, the violation and, if applicable, 
8a copy of the outstanding warrant or docket number associated 
9with any unsatisfied judgment.

10(b) Proof of compliance.--

11[(1) All municipal permits denied in accordance with 
12this subsection may be withheld until an applicant obtains a 
13letter from the appropriate State agency, municipality or 
14school district indicating the following:

15(i)  the property in question has no final and 
16unappealable tax, water, sewer or refuse delinquencies;

17(ii)  the property in question is now in State law 
18and code compliance; or

19(iii)  the owner of the property has presented and 
20the appropriate State agency or municipality has accepted 
21a plan to begin remediation of a serious violation of 
22State law or a code. Acceptance of the plan may be 
23contingent on:

24(A) Beginning the remediation plan within no
25fewer than 30 days following acceptance of the plan
26or sooner, if mutually agreeable to both the property
27owner and the municipality.

28(B) Completing the remediation plan within no
29fewer than 90 days following commencement of the plan
30or sooner, if mutually agreeable to both the property

1owner and the municipality.

2(2) In the event that the appropriate State agency, 
3municipality or school district fails to issue a letter 
4indicating tax, water, sewer, refuse, State law or code 
5compliance or noncompliance, as the case may be, within 45 
6days of the request, the property in question shall be deemed 
7to be in compliance for the purpose of this section. The 
8appropriate State agency, municipality or school district 
9shall specify the form in which the request for a compliance 
10letter shall be made.

11(3) Letters required under this section shall be 
12verified by the appropriate municipal officials before 
13issuing to the applicant a municipal permit.

14(4) (i) Municipal permits may be denied by a board in
15accordance with the requirements of this section to the
16extent that approval of the municipal permit is within
17the jurisdiction of the board. For purposes of this
18section, "board" shall mean a zoning hearing board or
19other body granted jurisdiction to render decisions in
20accordance with the act of July 31, 1968 (P.L.805,
21No.247), known as the Pennsylvania Municipalities
22Planning Code, or a similar board in municipalities not
23subject to that act.

24(ii) In any proceeding before a board other than the
25governing body of the municipality, the municipality may
26appear to present evidence that the applicant is subject
27to a denial by the board in accordance with this section.

28(iii) For purposes of this subsection, a municipal
29permit may only be denied to an applicant other than an
30owner if:

1(A) the applicant is acting under the direction
2or with the permission of an owner; and

3(B) the owner owns real property satisfying the
4conditions of subsection (a).

5(c) Applicability of other law.--A denial of a permit shall
6be subject to the provisions of 2 Pa.C.S. Chs. 5 Subch. B
7(relating to practice and procedure of local agencies) and 7
8Subch. B (relating to judicial review of local agency action) or
9the Pennsylvania Municipalities Planning Code, for denials
10subject to the act.]

11Approval may be withheld until the applicant provides
12sufficient proof that:

13(1) the basis for the denial has been corrected or
14otherwise remedied; or

15(2) the applicant or property owner has entered into a
16remediation or payment plan with the municipality or
17appropriate agency.

18Section 6. Section 6143 of Title 53 is repealed:

19[§ 6143. Conflict with other law.

20In the event of a conflict between the requirements of this
21chapter and Federal requirements applicable to demolition,
22disposition or redevelopment of buildings, structures or land
23owned by or held in trust for the Government of the United
24States and regulated pursuant to the United States Housing Act
25of 1937 (50 Stat. 888, 42 U.S.C. § 1437 et seq.) and the
26regulations promulgated thereunder, the Federal requirements
27shall prevail.]

28Section 7. Section 6144 of Title 53 is amended to read:

29§ 6144. Relief for inherited or foreclosed property.

30[Where property is inherited] Notwithstanding any other
 

1provision of this chapter, where property is transferred by will
2or intestacy[, the devisee or heir shall be given the
3opportunity to make payments on reasonable terms to correct code
4violations or to enter into a remediation agreement under
5section 6131(b)(1)(iii) (relating to municipal permit denial)
6with a municipality to avoid subjecting the devisee's or heir's
7other properties to asset attachment or denial of permits and
8approvals on other properties owned by the devisee or heir.] or 
9as the result of a foreclosure, the owner or, if applicable, 
10person in possession of the property shall be afforded a 
11reasonable opportunity to correct any code violations or 
12delinquencies.

13Section 8. This act shall take effect in 60 days.