H1791B2033A03973 DMS:EJH 04/11/22 #90 A03973
AMENDMENTS TO HOUSE BILL NO. 1791
Sponsor: REPRESENTATIVE MERSKI
Printer's No. 2033
Amend Bill, page 1, line 3, by inserting after "definitions"
, establishing a grant program for municipalities to establish
code enforcement programs and hire code enforcement
personnel, providing for powers and duties of the Department
of Community and Economic Development, establishing the
Municipal Property Maintenance Code Assistance Fund
Amend Bill, page 2, by inserting between lines 5 and 6
Section 2. Chapter 61 of Title 53 is amended by adding a
subchapter to read:
SUBCHAPTER B.1
MUNICIPAL PROPERTY MAINTENANCE CODE ASSISTANCE
Sec.
6121. Scope of subchapter.
6122. Legislative intent.
6123. Definitions.
6124. Code enforcement grant program.
6125. Fund.
6126. Surcharge.
6127. Report to General Assembly.
6128. Guidelines.
§ 6121. Scope of subchapter.
This subchapter relates to municipal property maintenance
code assistance.
§ 6122. Legislative intent.
The purpose of this subchapter is to provide funding for
individual municipalities, two or more municipalities under
Subchapter A of Chapter 23 (relating to intergovernmental
cooperation), councils of governments or a multimunicipal code
enforcement entity, for the purpose of municipal property
maintenance code enforcement within that county or region in
order to prevent and eradicate blighted property conditions.
§ 6123. Definitions.
The following words and phrases when used in this subchapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Department." The Department of Community and Economic
Development of the Commonwealth.
2022/90DMS/HB1791A03973 - 1 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
"Fund." The Municipal Property Maintenance Code Assistance
Fund established in this subchapter.
§ 6124. Code enforcement grant program.
(a) Establishment.--The department shall issue grants to
municipalities for the purpose of reducing blighted property
conditions through any of the following:
(1) The establishment of special code enforcement
programs to address blighted property conditions, where a
municipal code enforcement program already exists.
(2) The establishment of code enforcement programs and
the hiring and training of code enforcement personnel in
those municipalities without an existing code enforcement
program.
(b) Competitive awards.--The department shall issue grants
under this section to municipalities on a competitive basis.
(c) Eligibility.--In order to receive a grant under this
section, a municipality must submit an application acceptable to
the department. The department shall establish the application
process, including the form and manner in which the application
must be submitted to the department. A municipality shall
include all of the following information in an application
submitted under this subsection:
(1) The age of the existing housing stock in the
municipality.
(2) The municipality's current tax base and mileage
rate.
(3) The overall financial condition of the municipality.
(d) Authorized uses.--A municipality may only use a grant
issued under this section for any of the following purposes:
(1) Protecting the health, safety and welfare of the
general public.
(2) Protecting the health, safety and welfare of
individuals using public buildings, including public
facilities.
(3) Encouraging homeowners, landlords and tenants to
maintain the appearance and value of their dwellings.
(4) Reducing crime in neighborhoods.
(e) Matching funds.--A municipality shall provide its own
funds or in-kind contributions, approved by the department as
determined by guidelines established by the department under
section 6127 (relating to guidelines), equal to the amount of
the grant provided, and shall dedicate and expend those funds
for the purpose for which the grant was awarded.
(f) Limitations.--
(1) Grants issued under this section shall not be
provided to the same recipient for more than three
consecutive years.
(2) A grant issued under this section may not exceed
$100,000.
(3) No grant issued under this section may be used to
pay code enforcement personnel unless the individual has
2022/90DMS/HB1791A03973 - 2 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
acquired relevant certification or training in property
maintenance.
(4) Grants issued under this section may not exceed the
amount of money in the fund.
§ 6125. Fund.
(a) Establishment.--The Municipal Property Maintenance Code
Assistance Fund is established within the State Treasury.
(b) Transfers.--For the fiscal year beginning July 1, 2022,
the State Treasurer shall transfer $10,000,000 from the General
Fund to the fund from the amount of money generated from the
realty transfer tax imposed under section 1102-C of the act of
March 4, 1971 (P.L.6, No.2), known as the Tax Reform Code of
1971.
(c) Use of funds.--The fund shall be used by the department
exclusively for the purpose of issuing the grants provided for
under section 6124 (relating to code enforcement grant program).
T he department shall be reimbursed from the fund for the
department's administrative costs associated with issuing the
grants under section 6124.
§ 6126. Surcharge.
(a) Imposition.--Subject to the provisions of subsection
(b):
(1) Upon each subsequent inspection by a local code
official, a surcharge of $250 may be imposed on a real
property owner in violation of one or more provisions of a
municipal code for which the owner was previously cited for
violating.
(2) The surcharge imposed under paragraph (1) may be in
addition to any other applicable fee or charge imposed and
collected by the municipality as provided by law.
(b) Time to remedy.--
(1) With the exception of a serious violation, a
property owner shall have a minimum of 90 days following the
initial inspection by a local code official to remedy a
violation of a municipal code, for which the owner was
previously cited for violating, before the surcharge may be
imposed.
(2) For a serious violation, a property owner shall have
a minimum of 120 days following the initial inspection by a
local code official to remedy the serious violation, for
which the owner had been previously cited for violating,
before the surcharge may be imposed.
(c) Collection.--
(1) The municipality shall collect the surcharge under
subsection (a) and remit the money to the department on a
quarterly basis for deposit into the fund.
(2) The department shall use the money collected under
paragraph (1) for grants under section 6124 (relating to code
enforcement grant program).
§ 6127. Report to General Assembly.
The department shall submit an annual report to the Urban
2022/90DMS/HB1791A03973 - 3 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
Affairs and Housing Committee of the Senate and the Urban
Affairs Committee of the House of Representatives concerning the
implementation of this subchapter. The report shall include the
total amount of money collected and deposited into the fund as
well as the number of grants awarded and the recipients of those
grants.
§ 6128. Guidelines.
Within 180 days of the effective date of this section, the
department shall establish guidelines to carry out the
provisions of this subchapter.
Amend Bill, page 2, line 6, by striking out "2" and inserting
3
Amend Bill, page 7, line 6, by striking out all of said line
and inserting
Section 4. This act shall take effect as follows:
(1) This section shall take effect immediately.
(2) The addition of 53 Pa.C.S. Ch. 61 Subch. B.1 shall
take effect in 90 days.
(3) The remainder of this act shall take effect in 60
days.
2022/90DMS/HB1791A03973 - 4 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20