PRIOR PRINTER'S NOS. 571, 1066 PRINTER'S NO. 1206
No. 542 Session of 1997
INTRODUCED BY PICCOLA, BRIGHTBILL, ULIANA, JUBELIRER, MELLOW,
AFFLERBACH, GERLACH, HELFRICK, O'PAKE, ROBBINS, MADIGAN,
WOZNIAK, THOMPSON AND DELP, FEBRUARY 25, 1997
AS AMENDED ON THIRD CONSIDERATION, JUNE 16, 1997
AN ACT
1 Amending the act of July 15, 1957 (P.L.901, No.399), entitled
2 "An act giving cities of the third class the right and power
3 to adopt one of several plans of optional charters and to
4 exercise the powers and authority of local self-government
5 subject to certain restrictions and limitations; providing
6 procedures for such adoption and defining the effect
7 thereof," authorizing the adoption of property maintenance <--
8 ordinances; and further providing for fines and penalties.
9 The General Assembly of the Commonwealth of Pennsylvania
10 hereby enacts as follows:
11 Section 1. Section 303 of the act of July 15, 1957 (P.L.901,
12 No.399), known as the Optional Third Class City Charter Law,
13 amended October 3, 1988 (P.L.736, No.105), is amended to read:
14 Section 303. Each city governed by an optional form of
15 government pursuant to this act shall, subject to the provisions
16 of and limitations prescribed by this act, have full power to:
17 (1) Organize and regulate its internal affairs, and to
18 establish, alter, and abolish offices, positions and employments
19 and to define the functions, powers and duties thereof and fix
20 their term, tenure and compensation;
1 (2) Adopt and enforce local [police] ordinances [of all
2 kinds and impose penalties of fine not exceeding one thousand
3 dollars ($1,000) for a violation of a building, housing,
4 property maintenance, health, fire or public safety code or
5 ordinance, and for water, air and noise pollution violations,
6 and not exceeding six hundred dollars ($600) for a violation of
7 any other ordinance, or imprisonment for any term not exceeding
8 ninety days, or both; to construct];
9 (2.1) Impose penalties of fine not exceeding one per month
10 on a property and limited to no more than one thousand dollars
11 ($1,000) for the first two continual and uncorrected violations
12 and not exceeding five thousand dollars ($5,000) for the third
13 and any subsequent continual and uncorrected violation of the
14 same subsection of a building ordinance, housing ordinance,
15 property maintenance ordinance, fire prevention ordinance,
16 electrical ordinance or plumbing ordinance on the same property,
17 unless the violation is found to pose a threat to the public's
18 health, safety or property, then penalties of fine may be
19 provided for as follows:
20 (i) not exceeding one violation CITATION per five calendar <--
21 days for a continual and uncorrected violation of the same
22 subsection of such ordinance on the same property;
23 (ii) limited to no less than five hundred dollars ($500) and
24 no more than one thousand dollars ($1,000) for the first two
25 continual and uncorrected violations of the same subsection of
26 such ordinance on the same property and no less than one
27 thousand dollars ($1,000) and not exceeding ten thousand dollars
28 ($10,000) for the third and any subsequent continual and
29 uncorrected violation of the same subsection of such ordinance
30 on the same property, or imprisonment for any term not exceeding
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1 ninety days, or both;
2 (2.2) Impose penalties of fine not exceeding one thousand
3 dollars ($1,000) or a term of imprisonment not exceeding ninety
4 days, or both, for violations of any section of any other
5 ordinance;
6 (2.3) Construct, acquire, operate or maintain any and all
7 public improvements, projects or enterprises for any public
8 purpose, subject to referendum requirements otherwise imposed by
9 law, and to exercise all powers of local government in such
10 manner as its governing body may determine;
11 (3) Sue and be sued, to have a corporate seal, to contract
12 and be contracted with, to buy, sell, lease, hold and dispose of
13 real and personal property, to appropriate and expend moneys,
14 and to adopt, amend and repeal such ordinances and resolutions
15 as may be required for the good government thereof;
16 (4) Exercise powers of condemnation, borrowing and taxation
17 in the manner provided by general law applicable to cities of
18 the third class.
19 Section 2. This act shall take effect in 60 days.
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