PRIOR PRINTER'S NOS. 1147, 1583 PRINTER'S NO. 2955
No. 965 Session of 1997
INTRODUCED BY STETLER, DENT, M. N. WRIGHT, ITKIN, STABACK,
BELARDI, ARGALL, HERSHEY, CAWLEY, STERN, STURLA, CARONE,
RAYMOND, GEIST, MASLAND, SERAFINI, GLADECK, VAN HORNE,
BROWNE, L. I. COHEN, HENNESSEY, YOUNGBLOOD, RUBLEY, RAMOS,
McGEEHAN, CIVERA, McNAUGHTON, PETRONE AND ROSS,
MARCH 25, 1997
AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
FEBRUARY 10, 1998
AN ACT
1 Amending the act of June 23, 1931 (P.L.932, No.317), entitled
2 "An act relating to cities of the third class; and amending,
3 revising, and consolidating the law relating thereto,"
4 further providing for the specific powers of the city
5 council.
6 The General Assembly of the Commonwealth of Pennsylvania
7 hereby enacts as follows:
8 Section 1. Clause 60 of section 2403 of the act of June 23,
9 1931 (P.L.932, No.317), known as The Third Class City Code,
10 reenacted and amended June 28, 1951 (P.L.662, No.164) and
11 amended December 3, 1987 (P.L.411, No.85), is amended and the
12 section is amended by adding a clause to read:
13 Section 2403. Specific Powers.--In addition to other powers
14 granted by this act, the council of each city shall have power,
15 by ordinance:
16 * * *
17 60. Local Self-Government.--In addition to the powers and
1 authority vested in each city by the provisions of this act, to
2 make and adopt all such ordinances, by-laws, rules and
3 regulations, not inconsistent with or restrained by the
4 Constitution and laws of this Commonwealth, as may be expedient
5 or necessary for the proper management, care and control of the
6 city and its finances, and the maintenance of the peace, good
7 government, safety and welfare of the city, and its trade,
8 commerce and manufactures; and also all such ordinances, by-
9 laws, rules and regulations as may be necessary in and to the
10 exercise of the powers and authority of local self-government in
11 all municipal affairs; and the said ordinances, by-laws, rules
12 and regulations to alter, modify, and repeal at pleasure; and to
13 enforce all ordinances inflicting penalties upon inhabitants or
14 other persons for violations thereof, not exceeding one thousand
15 dollars for a violation of a [building, housing, property
16 maintenance, health, fire or public safety code or ordinance,
17 and for] water[,] or air and noise pollution [violations]
18 ordinance, and not exceeding six hundred dollars for a violation
19 of any other ordinance, except as provided in clause 60.1,
20 recoverable with costs, together with judgment of imprisonment,
21 not exceeding ninety days, if the amount of said judgment and
22 costs shall not be paid: Provided, however, That no ordinance,
23 by-law, rule or regulation shall be made or passed which
24 contravenes or violates any of the provisions of the
25 Constitution of the United States or of this Commonwealth, or of
26 any act of Assembly heretofore or that may be hereafter passed
27 and in force in said city.
28 60.1. Collection of Penalties for Violations of Building,
29 Housing, Property Maintenance, Health, Fire or Public Safety
30 Ordinance.--(a) No fine or penalty shall exceed one thousand
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1 dollars for a violation of a building, housing, property
2 maintenance, health, fire or public safety ordinance, except as
3 provided herein.
4 (b) For violations which pose a serious threat to health,
5 safety or property, after thirty days from the initial charge,
6 each day that the violation continues may constitute a separate
7 violation unless a person demonstrates a good faith effort to
8 begin abatement of the violation. If the violation remains
9 unabated after ninety days from the initial charge, the owner of
10 the real property in violation may, WITH THE CONSENT OF THE <--
11 CITY, surrender title to the city in lieu of payment of the
12 accrued penalties.
13 (C) THE FINE OR PENALTY IN THE CASE OF A VIOLATION INVOLVING <--
14 THE DWELLING OF A PERSON SIXTY-FIVE YEARS OF AGE OR OLDER MAY
15 EXCEED ONE THOUSAND DOLLARS BUT SHALL NOT EXCEED ONE THOUSAND
16 FIVE HUNDRED DOLLARS.
17 (c) (D) Any person charged for a violation in subsection (b) <--
18 who fails, without just cause, to begin abatement of the
19 violation within ninety days of the initial charge or fails to
20 demonstrate that a good faith effort has been made to begin
21 abatement of the violation, commits a misdemeanor of the third
22 degree and may, upon conviction, be sentenced to pay a fine of
23 not more than two thousand five hundred dollars and imprisonment
24 of not more than one year.
25 * * *
26 Section 2. This act shall take effect in 60 days.
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