1Amend Bill, page 1, line 1, by striking out "Establishing"
2and inserting

3 Amending Title 53 (Municipalities Generally) of the 
4Pennsylvania Consolidated Statutes, in preemptions, providing 
5for protection for victims of abuse or crime; in neighborhood 
6blight reclamation and revitalization, establishing

7Amend Bill, page 1, lines 8 through 18; pages 2 through 4,
8lines 1 through 30; page 5, lines 1 through 23, by striking out
9all of said lines on said pages and inserting

10Section 1. Title 53 of the Pennsylvania Consolidated
11Statutes is amended by adding a section to read:

12§ 303. Protection for victims of abuse or crime.

13(a) Declaration of policy.--The General Assembly finds and
14declares as follows:

15(1) It is the public policy of the Commonwealth to
16ensure that all victims of abuse and crime and individuals in
17an emergency are able to contact police or emergency
18assistance without penalty.

19(2) This section is intended to shield residents,
20tenants and landlords from penalties that may be levied
21pursuant to enforcement of an ordinance or regulation if
22police or emergency services respond to a residence or
23tenancy to assist a victim of abuse or crime or individuals
24in an emergency.

25(3) This section is not intended to prohibit
26municipalities from enforcing an ordinance or regulation
27against a resident, tenant or landlord where police or
28emergency services respond to a residence or tenancy that
29does not involve assistance to a victim of abuse or crime or
30individuals in an emergency.

31(b) Protection.--No ordinance enacted by a municipality
32shall penalize a resident, tenant or landlord for a contact made
33for police or emergency assistance by or on behalf of a victim
34of abuse as defined in 23 Pa.C.S. § 6102 (relating to
35definitions), a victim of a crime pursuant to 18 Pa.C.S.

1(relating to crimes and offenses) or an individual in an
2emergency pursuant to 35 Pa.C.S. § 8103 (relating to
3definitions), if the contact was made based upon the reasonable
4belief of the person making the contact that intervention or
5emergency assistance was necessary to prevent the perpetration
6or escalation of the abuse, crime or emergency or if the
7intervention or emergency assistance was actually needed in
8response to the abuse, crime or emergency.

9(c) Remedies.--If a municipality enforces or attempts to
10enforce an ordinance against a resident, tenant or landlord in
11violation of subsection (b), the resident, tenant or landlord
12may bring a civil action for a violation of this section and
13seek an order from a court of competent jurisdiction for any of
14the following remedies:

15(1) An order requiring the municipality to cease and
16desist the unlawful practice.

17(2) Payment of compensatory damages, provided that a
18resident, tenant or landlord shall make a reasonable effort
19to mitigate any damages.

20(3) Payment of reasonable attorney fees.

21(4) Payment of court costs.

22(5) Other equitable relief, including, but not limited
23to, reinstating a rental license or rental permit, as the
24court may deem appropriate.

25(d) Preemption.--This section preempts any local ordinance
26or regulation insofar as it is inconsistent with this section,
27irrespective of the effective date of the ordinance or
28regulation. This section shall not affect or apply to
29enforcement of the act of October 11, 1995 (1st Sp.Sess., 
30P.L.1066, No.23), known as the Expedited Eviction of Drug 
31Traffickers Act, or to the enforcement of 18 Pa.C.S. § 7511
32(relating to control of alarm devices and automatic dialing
33devices).

34(e) Definition.--As used in this section, the term
35"penalize" includes the actual or threatened revocation,
36suspension or nonrenewal of a rental license, the actual or
37threatened assessment of fines or the actual or threatened
38eviction, or causing the actual or threatened eviction, from
39leased premises.

40Section 2. Chapter 61 of Title 53 is amended by adding a
41subchapter to read:

42SUBCHAPTER B.1

43MUNICIPAL CODE ENFORCEMENT

44§ 6121. Scope.

45This subchapter relates to municipal code enforcement.

46§ 6122. Legislative intent.

47The purpose of this subchapter is to provide start-up seed 
48money for individual municipalities, two or more municipalities 
49pursuant to Chapter 23 (relating to general provisions), 
50councils of governments or a multimunicipal code enforcement 
51entity established by a county or counties, for the purpose of
 

1municipal code enforcement within that county or region.

2§ 6123. Definitions.

3The following words and phrases when used in this subchapter
4shall have the meanings given to them in this section unless the
5context clearly indicates otherwise:

6"Blighted property." Any of the following:

7(1) A premises which, because of physical condition or
8use, is regarded as a public nuisance at common law or has
9been declared a public nuisance in accordance with the local
10housing, building, plumbing, property maintenance, fire and
11related codes and ordinances, including nuisance and
12dangerous building ordinances.

13(2) A premises which, because of physical condition, use
14or occupancy, is considered an attractive nuisance to
15children, including, but not limited to, abandoned wells,
16shafts, basements, excavations and unsafe fences or
17structures.

18(3) A dwelling which, because it is dilapidated,
19unsanitary, unsafe, vermin-infested or lacking in the
20facilities and equipment required by the housing code of the
21municipality, has been designated by the department
22responsible for enforcement of the code as unfit for human
23habitation.

24(4) A structure which is a fire hazard or is otherwise
25dangerous to the safety of persons or property.

26(5) A structure from which the utilities, plumbing,
27heating, sewerage or other facilities have been disconnected,
28destroyed, removed or rendered ineffective so that the
29property is unfit for its intended use.

30(6) A vacant or unimproved lot or parcel of ground in a
31predominantly built-up neighborhood which by reason of
32neglect or lack of maintenance has become a place for
33accumulation of trash and debris or a haven for rodents or
34other vermin.

35(7) An unoccupied property which has been tax delinquent
36for a period of two years and those in the future having a
37two-year tax delinquency.

38(8) A property which is vacant but not tax delinquent
39and which has not been rehabilitated within one year of the
40receipt of notice to rehabilitate from the appropriate code
41enforcement agency.

42"Department." The Department of Community and Economic
43Development of the Commonwealth.

44"Municipality." A city, borough, incorporated town, township
45or home rule, optional plan or optional charter municipality or
46public authority within this Commonwealth.

47§ 6124. Code enforcement grant program.

48(a) Establishment.--

49(1) The department shall issue grants to eligible
50municipalities for the purpose of reducing blighted property
51conditions through the establishment of special code

1enforcement programs to address blighted property where a
2municipal code enforcement program already exists or the
3establishment of code enforcement programs and the hiring and
4training of code enforcement personnel in those
5municipalities without an existing code enforcement program.

6(2) Municipalities subject to the act of July 10, 1987
7(P.L.246, No.47), known as the Municipalities Financial
8Recovery Act, shall be given priority consideration in the
9issuing of grants under this section.

10(b) Competitive awards.--The department shall issue grants
11under this section to eligible municipalities on a competitive
12basis according to the following criteria:

13(1) The benefit to the municipality of having an
14adequately funded building code enforcement department.

15(2) Whether the municipality's building code enforcement
16department demonstrates an ability to work cooperatively with
17other local code enforcement offices, health departments and
18local prosecutorial agencies.

19(3) Whether the municipality demonstrates a financial
20need for the grant.

21(4) Any other criteria established by the department.

22(c) Eligibility.--In order to receive a grant under this
23section, a municipality must submit an application acceptable to
24the department and satisfy the criteria established under
25subsection (b).

26(d) Matching funds.--A municipality shall provide its own
27funds or in-kind contributions, approved by the department as
28determined by regulations promulgated by the department under
29section 6126 (relating to regulations), equal to the amount of
30the grant provided, and shall dedicate and expend those funds
31for the purpose for which the grant was awarded.

32(e) Limitations.--

33(1) Grants issued under this section shall not be
34provided to the same recipient for more than three
35consecutive years.

36(2) A grant issued under this section may not exceed
37$100,000.

38§ 6125.  Imposition of surcharge.

39(a) Imposition.--

40(1) Upon a subsequent inspection by a local code
41official, a surcharge of $250 shall be imposed on a real
42property owner in violation of one or more provisions of a
43municipal code relating to blighted property.

44(2) The surcharge imposed under paragraph (1) shall be
45in addition to any other applicable fees or charges lawfully
46imposed and collected by the municipality or court.

47(b) Collection.--

48(1) The municipality shall collect the surcharge under
49subsection (a) and remit the moneys to the department on a
50quarterly basis.

51(2) The department shall use the moneys collected under

1paragraph (1) to fund the grants issued under section 6124
2(relating to code enforcement grant program).

3§ 6126. Regulations.

4Within 90 days of the effective date of this section, the
5department shall promulgate regulations to carry out the
6provisions of this subchapter. The regulations to implement
7section 4(b) may include, but not be limited to:

8(1) The age of the existing housing stock in the
9municipality.

10(2) The municipality's existing tax base.

11(3) The existing financial condition of the
12municipality.

13Section 3. This act shall take effect in 90 days.