PRINTER'S NO. 926
No. 862 Session of 1997
INTRODUCED BY MELLOW, MUSTO, WILLIAMS, KASUNIC, COSTA AND
PICCOLA, APRIL 2, 1997
REFERRED TO URBAN AFFAIRS AND HOUSING, APRIL 2, 1997
AN ACT
1 Amending the act of April 14, 1937 (P.L.313, No.87), entitled,
2 as amended, "An act to enable cities of the first, second,
3 and second class A, incorporated towns, boroughs, and
4 townships, to govern and regulate by ordinance the
5 construction, alteration, repairs, occupation, maintenance,
6 sanitation, lighting, ventilation, water supply, toilet
7 facilities, drainage, use and inspection of all buildings and
8 housing and land appurtenant thereto; providing for the
9 enforcement of such ordinances; and repealing existing laws,"
10 providing for compliance with building codes in second class
11 A cities; and imposing penalties.
12 The General Assembly of the Commonwealth of Pennsylvania
13 hereby enacts as follows:
14 Section 1. Section 2 of the act of April 14, 1937 (P.L.313,
15 No.87), entitled, as amended, "An act to enable cities of the
16 first, second, and second class A, incorporated towns, boroughs,
17 and townships, to govern and regulate by ordinance the
18 construction, alteration, repairs, occupation, maintenance,
19 sanitation, lighting, ventilation, water supply, toilet
20 facilities, drainage, use and inspection of all buildings and
21 housing and land appurtenant thereto; providing for the
22 enforcement of such ordinances; and repealing existing laws,"
1 amended July 30, 1963 (P.L.356, No.189), is amended to read:
2 Section 2. (a) In case any building, housing or structure
3 is constructed, reconstructed, altered, repaired, converted or
4 maintained, or any building, housing or land is used in
5 violation of any ordinance enacted under authority conferred
6 hereby, the corporate authorities of any city of the first,
7 second, and second class A, incorporated town, borough, or
8 township, in addition to the penalties provided by ordinances
9 enacted herewith, may institute appropriate actions or
10 proceedings at law or in equity to prevent and restrain such
11 unlawful construction, reconstruction, alteration, repairs,
12 conversion, maintenance, or use and to restrain, correct, or
13 abate such violation, and to prevent the occupancy of said
14 building, housing or structure.
15 (b) Any purchaser of any building or part of a building
16 known to have substantial violations of a city of the second
17 class A codes relating to building, housing, property
18 maintenance or fire is required to make a reasonable attempt to
19 bring the building or that part of a building into compliance
20 with those codes or demolish the building within one year of the
21 date of purchase.
22 (c) Failure to comply with the requirements of subsection
23 (a) shall result in the purchaser being personally liable for
24 the costs of repairs or demolition and a fine of $10,000.
25 (d) Cities of the second class A are authorized to enforce
26 the provisions of this section.
27 (e) The term "known to have," as used in this section, shall
28 mean knowledge based on a disclosure made pursuant to the act of
29 July 2, 1996 (P.L.500, No.84), known as the "Real Estate Seller
30 Disclosure Act," knowledge based on a disclosure made to the
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1 purchaser during the course of purchase of the property or
2 knowledge based on a building code violation of record.
3 Section 2. This act shall take effect in 60 days.
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