AN ACT

 

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<-, and for duty of association and trust
7owners<-, for municipal permit denial, for conflict with other 
8law and for relief for inherited property.

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

11Section 1. Sections <-6102, 6103 and 6111 6103, 6112(b), 6113 
12and 6114 of Title 53 of the Pennsylvania Consolidated Statutes
13are amended to read:

<-14§ 6102. Legislative findings and purpose.

15The General Assembly finds and declares as follows:

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

1codes.

2(2) These deteriorated properties create public
3nuisances which have an impact on crime and the quality of
4life of our residents and require significant expenditures of
5public funds in order to abate and correct the nuisances.

6(3) In order to address these situations, it is
7appropriate to deny certain governmental permits and
8approvals in order:

9(i) To [prohibit] prevent property owners from
10further extending their financial commitments so as to
11render themselves unable to abate or correct the code,
12statutory and regulatory violations or tax delinquencies.

13(ii) To reduce the likelihood that other
14municipalities will have to address the owners' neglect
15and resulting deteriorated properties.

16(iii) To sanction the owners for not adhering to
17their legal obligations to the Commonwealth and its
18municipalities, as well as to tenants, adjoining property
19owners and neighborhoods.

20§ 6103. Definitions.

21The following words and phrases when used in this chapter
22shall have the meanings given to them in this section unless the
23context clearly indicates otherwise:

<-24"Agent." Any director, officer, servant, employee or other 
25person authorized to act in behalf of a corporation or 
26association and, in the case of an unincorporated association, a 
27member of such association.

<-28["Building." A residential, commercial or industrial
29building or structure and the land appurtenant to it.

<-30["Code." A building, housing, property maintenance, fire,
 

1health or other public safety ordinance enacted by a 
2municipality. The term does not include a subdivision and land 
3development ordinance or a zoning ordinance enacted by a 
4municipality.<-]

5"Corporation." The term does not include a municipal
6authority.

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

8"Mortgage lender." A business association defined as a
9"banking institution" or "mortgage lender" under 7 Pa.C.S. Ch.
1061 (relating to mortgage loan industry licensing and consumer
11protection) that is in possession of or holds title to real
12property pursuant to, in enforcement of or to protect rights
13arising under a mortgage, mortgage note, deed of trust or other
14transaction that created a security interest in the real
15property.<-]

16"Municipal code" or "code." <-A municipally enacted code or
17ordinance related to the use or maintenance of real property.
18The term includes any relevant building, housing, fire, health,
19safety or public nuisance code or ordinance. <-A building,
20housing, property maintenance, fire, health or other public
21safety ordinance, related to the use or maintenance of real
22property, enacted by a municipality. The term does not include a
23subdivision and land development ordinance or a zoning ordinance
24enacted by a municipality.

25"Municipality." A city, borough, incorporated town, township 
26or home rule, optional plan or optional charter municipality or 
27municipal authority in this Commonwealth and any entity formed 
28pursuant to Subchapter A of Chapter 23 (relating to 
29intergovernmental cooperation).

<-30["Municipal permits." Privileges relating to real property
 

1granted by a municipality, including, but not limited to, 
2building permits, exceptions to zoning ordinances and occupancy 
3permits. The term includes approvals pursuant to land use 
4ordinances other than decisions on the substantive validity of a 
5zoning ordinance or map or the acceptance of a curative 
6amendment.

7"Owner." A holder of the title to residential, commercial or 
8industrial real estate, other than a mortgage lender, who 
9possesses and controls the real estate. The term includes, but 
10is not limited to, heirs, assigns, beneficiaries and lessees, 
11provided this ownership interest is a matter of public record.

12"Public nuisance." Property which, because of its physical 
13condition or use, is regarded as a public nuisance at common law 
14or has been declared by the appropriate official a public 
15nuisance in accordance with a municipal code.

16"Serious violation." A violation of a State law or a code 
17that poses an imminent threat to the health and safety of a 
18dwelling occupant, occupants in surrounding structures or a 
19passersby.

20"State law." A statute of the Commonwealth or a regulation
21of an agency charged with the administration and enforcement of
22Commonwealth law.

23"Substantial step." An affirmative action as determined by a 
24property code official or officer of the court on the part of a 
25property owner or managing agent to remedy a serious violation 
26of a State law or municipal code, including, but not limited to, 
27physical improvements or repairs to the property, which 
28affirmative action is subject to appeal in accordance with 
29applicable law.

30"Tax delinquent property." Tax delinquent real property as
 

1defined under:

2(1) the act of July 7, 1947 (P.L.1368, No.542), known as
3the Real Estate Tax Sale Law;

4(2) the act of May 16, 1923 (P.L.207, No. 153), referred
5to as the Municipal Claim and Tax Lien Law; or

6(3) the act of October 11, 1984 (P.L.876, No.171), known
7as the Second Class City Treasurer's Sale and Collection Act,
8located in any municipality in this Commonwealth.<-]

9§ 6111. Actions.

10(a) General rule.--A municipal code shall be enforceable
11through any legal, equitable or criminal proceeding permitted
12under the laws of this Commonwealth. In addition to any other
13remedy available at law or in equity, a municipality may
14institute the following actions [against the owner of any real
15property that is in serious] for violation of a code or for
16failure to correct a [condition which causes the property to be
17regarded as a] public nuisance:

18[(1) (i) An in personam action may be initiated for a
19continuing violation for which the owner takes no
20substantial step to correct within six months following
21receipt of an order to correct the violation, unless the
22order is subject to a pending appeal before the
23administrative agency or court.

24(ii) Notwithstanding any law limiting the form of
25action for the recovery of penalties by a municipality
26for the violation of a code, the municipality may
27recover, in a single action under this section, an amount
28equal to any penalties imposed against the owner and any
29costs of remediation lawfully incurred by or on behalf of
30the municipality to remedy any code violation.

1(2) A proceeding in equity.]

2(3) Civil actions, including actions in assumpsit for
3the recovery of abatement or correction costs and for the
4collection of authorized interest and penalties.

5(4) Imposition of liens against real property for the
6recovery of abatement or correction costs and for the
7collection of authorized interest and penalties.

8(5) Criminal prosecution under 18 Pa.C.S. § 6504
9(relating to public nuisances).

10(6) Criminal prosecution under 18 Pa.C.S. § 7510
11(relating to municipal housing code avoidance).

12(b) Civil liability.--The following persons and entities
13shall be considered responsible parties and may be held liable
14to the same extent as an individual property owner:

15(1) A corporation, firm or other entity with a legal or
16equitable interest in or holding record title to real
17property.

18(2) A partner or agent of an owner who has control over
19real property.

20(3) Any other person or entity having control of real
21property, including the guardian of the estate of an owner
22and the administrator of the estate of an owner if ordered to
23take possession by a court of competent jurisdiction.

24(c) Criminal liability.--Corporations, unincorporated
25associations, agents and other persons may be convicted of a
26property-related criminal offense, in accordance with the
27provisions of 18 Pa.C.S. § 307 (relating to liability of
28organizations and certain related persons).

29Section 2. Section 6112 of Title 53 is repealed:

30[§ 6112. Asset attachment.

<-

1(a) General rule.--A lien may be placed against the assets
2of an owner of real property that is in serious violation of a
3code or is regarded as a public nuisance after a judgment,
4decree or order is entered by a court of competent jurisdiction
5against the owner of the property for an adjudication under
6section 6111 (relating to actions).

<-7* * *

8(b) Construction.--Nothing in this section shall be
9construed to authorize, in the case of an owner that is [an<-] a 
10corporation, association or trust, a lien on the individual
11assets of the general partner<-, agent or trustee, except as
12otherwise allowed by law, limited partner, shareholder, member
13or beneficiary of the association or trust.<-]

14Section 3. Section 6113 of Title 53 is amended to read:

15[§ 6113. Duty of out-of-State owners of property in this 
16Commonwealth.

17A person <-or other responsible party who lives or has a
18principal place of residence outside this Commonwealth, who owns 
<-19or is responsible for property in this Commonwealth against
20which code violations have been cited and the person is charged
21under 18 Pa.C.S. (relating to crimes and offenses), and who has
22been properly notified of the violations may be extradited to
23this Commonwealth to face criminal prosecution to the full
24extent allowed and in the manner authorized by 42 Pa.C.S. Ch. 91
25(relating to detainers and extradition).<-]

26§ 6113. Out-of-State owners of property in this Commonwealth.

27Liability may be imposed against any property owner or other
28responsible party domiciled outside this Commonwealth to the
29extent permitted by the Constitution of the United States, in
30accordance with 42 Pa.C.S. § 5322 (relating to bases of personal

1jurisdiction over persons outside this Commonwealth). Anyone
2charged with a criminal violation may be extradited to this
3Commonwealth to face prosecution to the extent and in the manner
4provided by 42 Pa.C.S. Ch. 91 (relating to detainers and
5extradition).

6Section 4. Section 6114 of Title 53 is repealed:

7[§ 6114. Duty of <-corporation, association and trust owners.

8Where, after reasonable efforts, service of process for a 
9notice or citation for any code violation for any real property 
10owned by [an<-] a corporation, association or trust cannot be 
11accomplished by handing a copy of the notice or citation to an 
12agent, executive officer, partner or trustee of the <-corporation, 
13association or trust or to the manager, trustee or clerk in 
14charge of the property, the delivery of the notice or citation 
15may occur by registered, certified or United States Express 
16mail, accompanied by a delivery confirmation:

17(1) To the registered office of the <-corporation,
18association or trust.

19(2) Where the <-corporation, association or trust does not
20have a registered office, to the mailing address used for
21real estate tax collection purposes, if accompanied by the
22posting of a conspicuous notice to the property and by
23handing a copy of the notice or citation to the person in
24charge of the property at that time.<-]

25Section 5. Section 6131 of Title 53 is amended to read:

26§ 6131. Municipal permit denial.

27(a) Denial.--

28(1) A municipality [or a board under subsection (c)] may
29deny [issuing to an applicant a municipal permit if the
30applicant owns real property in any municipality for which

1there exists on the real property:

2(i) a final and unappealable tax, water, sewer or
3refuse collection delinquency on account of the actions
4of the owner; or

5(ii) a serious violation of State law or a code and
6the owner has taken no substantial steps to correct the
7violation within six months following notification of the
8violation and for which fines or other penalties or a
9judgment to abate or correct were imposed by a
10magisterial district judge or municipal court, or a
11judgment at law or in equity was imposed by a court of
12common pleas. However, no denial shall be permitted on
13the basis of a property for which the judgment, order or
14decree is subject to a stay or supersedeas by an order of
15a court of competent jurisdiction or automatically
16allowed by statute or rule of court until the stay or
17supersedeas is lifted by the court or a higher court or
18the stay or supersedeas expires as otherwise provided by
19law. Where a stay or supersedeas is in effect, the
20property owner shall so advise the municipality seeking
21to deny a municipal permit.] the permit application of a
22property owner or agent thereof if, in any municipality
23or jurisdiction in this Commonwealth, the applicant:

24(iii) owns property against which there is a tax or
25municipal lien;

26(iv) has failed to correct a code violation six
27months after the date of the initial citation; or

28(v) is subject to an outstanding warrant or
29unsatisfied judgment resulting from one or more municipal
30code violations.

1(2) A municipality or board shall not deny a municipal
2permit to an applicant if the municipal permit is necessary
3to correct a violation of State law or a code.

4(3) The municipal permit denial shall not apply to an
5applicant's delinquency on taxes, water, sewer or refuse
6collection charges that are under appeal or otherwise
7contested through a court or administrative process.

8(4) In issuing a denial of a permit [based on an
9applicant's delinquency in real property taxes or municipal
10charges or for failure to abate a serious violation of State
11law or a code on real property that the applicant owns in
12this Commonwealth] under this section, the municipality [or
13board] shall indicate, with sufficient particularity, the
14basis for the denial, including the street address[,
15municipal corporation and county in which the property is
16located and the court and docket number for each parcel cited
17as a basis for the denial. The denial shall also state that
18the applicant may request a letter of compliance from the
19appropriate State agency, municipality or school district, in
20a form specified by such entity as provided in this section.]
21of any implicated property, the violation and, if applicable,
22a copy of the outstanding warrant or docket number associated
23with any unsatisfied judgment.

24(b) Proof of compliance.--

25[(1) All municipal permits denied in accordance with
26this subsection may be withheld until an applicant obtains a
27letter from the appropriate State agency, municipality or
28school district indicating the following:

29(i) the property in question has no final and
30unappealable tax, water, sewer or refuse delinquencies;

1(ii) the property in question is now in State law
2and code compliance; or

3(iii) the owner of the property has presented and
4the appropriate State agency or municipality has accepted
5a plan to begin remediation of a serious violation of
6State law or a code. Acceptance of the plan may be
7contingent on:

8(A) Beginning the remediation plan within no
9fewer than 30 days following acceptance of the plan
10or sooner, if mutually agreeable to both the property
11owner and the municipality.

12(B) Completing the remediation plan within no
13fewer than 90 days following commencement of the plan
14or sooner, if mutually agreeable to both the property
15owner and the municipality.

16(2) In the event that the appropriate State agency,
17municipality or school district fails to issue a letter
18indicating tax, water, sewer, refuse, State law or code
19compliance or noncompliance, as the case may be, within 45
20days of the request, the property in question shall be deemed
21to be in compliance for the purpose of this section. The
22appropriate State agency, municipality or school district
23shall specify the form in which the request for a compliance
24letter shall be made.

25(3) Letters required under this section shall be
26verified by the appropriate municipal officials before
27issuing to the applicant a municipal permit.

28(4) (i) Municipal permits may be denied by a board in
29accordance with the requirements of this section to the
30extent that approval of the municipal permit is within

1the jurisdiction of the board. For purposes of this
2section, "board" shall mean a zoning hearing board or
3other body granted jurisdiction to render decisions in
4accordance with the act of July 31, 1968 (P.L.805,
5No.247), known as the Pennsylvania Municipalities
6Planning Code, or a similar board in municipalities not
7subject to that act.

8(ii) In any proceeding before a board other than the
9governing body of the municipality, the municipality may
10appear to present evidence that the applicant is subject
11to a denial by the board in accordance with this section.

12(iii) For purposes of this subsection, a municipal
13permit may only be denied to an applicant other than an
14owner if:

15(A) the applicant is acting under the direction
16or with the permission of an owner; and

17(B) the owner owns real property satisfying the
18conditions of subsection (a).

19(c) Applicability of other law.--A denial of a permit shall
20be subject to the provisions of 2 Pa.C.S. Chs. 5 Subch. B
21(relating to practice and procedure of local agencies) and 7
22Subch. B (relating to judicial review of local agency action) or
23the Pennsylvania Municipalities Planning Code, for denials
24subject to the act.]

25Approval may be withheld until the applicant provides
26sufficient proof that:

27(1) the basis for the denial has been corrected or
28otherwise remedied; or

29(2) the applicant or property owner has entered into a
30remediation or payment plan with the municipality or

1appropriate agency.

2Section 6. Section 6143 of Title 53 is repealed:

3[§ 6143. Conflict with other law.

4In the event of a conflict between the requirements of this
5chapter and Federal requirements applicable to demolition,
6disposition or redevelopment of buildings, structures or land
7owned by or held in trust for the Government of the United
8States and regulated pursuant to the United States Housing Act
9of 1937 (50 Stat. 888, 42 U.S.C. § 1437 et seq.) and the
10regulations promulgated thereunder, the Federal requirements
11shall prevail.]

12Section 7. Section 6144 of Title 53 is amended to read:

13§ 6144. Relief for inherited or foreclosed property.

14[Where property is inherited] Notwithstanding any other
15provision of this chapter, where property is transferred by will
16or intestacy[, the devisee or heir shall be given the
17opportunity to make payments on reasonable terms to correct code
18violations or to enter into a remediation agreement under
19section 6131(b)(1)(iii) (relating to municipal permit denial)
20with a municipality to avoid subjecting the devisee's or heir's
21other properties to asset attachment or denial of permits and
22approvals on other properties owned by the devisee or heir.] or
23as the result of a foreclosure, the owner or, if applicable,
24person in possession of the property shall be afforded a
25reasonable opportunity to correct any code violations or
26delinquencies.

<-27(3) In the case of a corporation, notice shall be sent
28to the registered office on file with the Department of
29State.

30Section <-8 2. This act shall take effect in 60 days.