PRIOR PRINTER'S NOS. 925, 1068 PRINTER'S NO. 1207
No. 861 Session of 1997
INTRODUCED BY MELLOW, MUSTO, WILLIAMS, KASUNIC, COSTA AND
PICCOLA, APRIL 2, 1997
AS AMENDED ON THIRD CONSIDERATION, JUNE 16, 1997
AN ACT
1 Providing for restrictions on purchases of real property in
2 second class A cities.
3 The General Assembly of the Commonwealth of Pennsylvania
4 hereby enacts as follows:
5 Section 1. Restrictions on purchases.
6 (a) General rule.--Deeds for any real property exposed for
7 any TAX OR MUNICIPAL LIEN sale in a second class A city shall <--
8 not be exchanged any sooner than 20 days nor later than 45 days
9 after any sale.
10 (b) Petition.--A city of the second class A may, within 15
11 days of any TAX OR MUNICIPAL LIEN sale of real estate, petition <--
12 the court of common pleas to prohibit the transfer of any deed
13 for any property exposed for any TAX OR MUNICIPAL LIEN sale <--
14 which is located in that city to any purchaser who is proven to
15 meet any of the criteria set forth in the city's petition.
16 (c) Criteria.--The petition of the city of the second class
17 A shall, at a minimum, allege that the purchaser has over the
1 last three years PRECEDING THE FILING OF THE PETITION exhibited <--
2 a course of conduct which demonstrates that the purchaser:
3 (1) permits PERMITTED an uncorrected housing code <--
4 violation to continue unabated after being convicted of such
5 violation;
6 (2) fails FAILED to maintain the property owned by that <--
7 purchaser in a reasonable manner such that it poses POSED a <--
8 threat to health, safety or property;
9 (3) permits PERMITTED the use of property in an unsafe, <--
10 ILLEGAL or unsanitary manner such that it poses POSED a <--
11 threat to health, safety or property; or
12 (4) acts or has acted as an agent for a purchaser who <--
13 seeks SOUGHT to avoid the limitations placed on the purchase <--
14 of property by this act.
15 Allegations under this subsection shall be proved by a
16 preponderance of the evidence.
17 (d) Definitions.--As used in this section, the following
18 words and phrases shall have the meanings given to them in this
19 subsection:
20 "Purchaser." Any individual, partner, shareholder, trust,
21 partnership, limited partnership, corporation or any other
22 business association, or any trust, partnership, limited
23 partnership, corporation or any other business association that
24 has any individual as part of the business association who had
25 any ownership interest or rights in the property. A change of
26 name or business status shall not defeat the purpose of this
27 section.
28 "Uncorrected housing code violation." Any conviction of a
29 violation of the housing BUILDING, HOUSING, PROPERTY MAINTENANCE <--
30 OR FIRE code of a second class A city which is not remedied
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1 within six months of conviction.
2 "Violation." Any conviction under a housing BUILDING, <--
3 HOUSING, PROPERTY MAINTENANCE OR FIRE code which poses POSED a <--
4 threat to health, safety or property, but not a conviction
5 deemed by a court to be de minimis.
6 Section 2. Application.
7 This act shall apply to all sales conducted on or after the
8 effective date of this act.
9 Section 3. Effective date.
10 This act shall take effect in 60 days.
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