PRIOR PRINTER'S NO. 2532 PRINTER'S NO. 2795
No. 1943 Session of 2001
INTRODUCED BY STURLA, KENNEY, PETRONE, ARGALL, PHILLIPS, BROWNE,
L. I. COHEN, HENNESSEY, HESS, LEDERER, DIVEN, MANN,
M. WRIGHT, J. WILLIAMS, BASTIAN, BUNT, CIVERA, DALLY,
FICHTER, GODSHALL, HARHART, McILHINNEY, RUBLEY, TRELLO,
FREEMAN, WATSON, M. COHEN, MICOZZIE, McILHATTAN, FEESE,
WALKO, STEELMAN, JAMES, BEBKO-JONES, CAPPELLI, DAILEY AND
MICHLOVIC, SEPTEMBER 26, 2001
AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
OCTOBER 30, 2001
AN ACT
1 Providing for the establishment, implementation and
2 administration of a Statewide registry for the compilation of
3 and the dissemination of information relating to outstanding
4 violations of municipal codes and ordinances relating to
5 housing and for the use of disseminated information; and
6 imposing powers and duties on the Department of Community and
7 Economic Development and on the various classes of
8 municipalities.
9 TABLE OF CONTENTS
10 Section 1. Short title.
11 Section 2. Legislative intent.
12 Section 3. Definitions.
13 Section 4. Property maintenance code violations registry.
14 Section 5. Property maintenance code violation reports.
15 Section 6. Dissemination of information by department.
16 Section 7. Expungement.
17 Section 8. Administrative requirements.
18 Section 9. Security requirements.
1 Section 10. Audit.
2 Section 11. Imposition of surcharge.
3 Section 12. Severability.
4 Section 13. Effective date.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Short title.
8 This act shall be known and may be cited as the Property
9 Maintenance Code Violations Registry Act.
10 Section 2. Legislative intent.
11 It is the intent of the General Assembly to eliminate the
12 neighborhood blight caused by real property owners who fail to
13 comply with municipal property maintenance codes. Neighborhood
14 blight may be partially eliminated by giving the Commonwealth
15 and municipalities access to information pertaining to the
16 current property maintenance code violations of property owners
17 applying for State and municipal permits. Access to this
18 information can be facilitated by the creation of a Statewide
19 central registry which contains a comprehensive listing of real
20 property owners along with property violations for which the
21 real property owner was convicted.
22 Section 3. Definitions.
23 The following words and phrases when used in this act shall
24 have the meanings given to them in this section unless the
25 context clearly indicates otherwise:
26 "Applicant." Any owner of real property who applies for any
27 State license or certification or municipal permit.
28 "Commonwealth agency." The Governor, departments, boards,
29 agencies, commissions, authorities and other officers of the
30 Commonwealth, including those subject to the policy supervision
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1 and control of the Governor. The term does not include any court
2 or other officer or agency of the unified judicial system or the
3 General Assembly or any of its officers and agencies.
4 "Department." The Department of Community and Economic
5 Development of the Commonwealth.
6 "License." A permit granted by the Commonwealth or one of
7 its agencies which gives permission to the applicant to
8 participate in a certain activity or exercise a certain
9 privilege.
10 "Licensing or certification." The issuance of a license or
11 the formal assertion in writing of some fact or qualification
12 from the Commonwealth or one of its agencies.
13 "Municipal permits." Building permits, exceptions to zoning
14 ordinances, occupancy permits and other privileges granted by a
15 municipality.
16 "Municipality." A county, city, borough, incorporated town
17 or township, including any home rule municipality.
18 "Property maintenance code." Any municipal ordinance which
19 regulates the maintenance or development of real property. The
20 term includes building codes, housing codes and public safety
21 codes.
22 "Property maintenance code violation." A violation of a
23 property maintenance code.
24 "Tax delinquent property." For the purposes of this act, the
25 term shall include any tax delinquent real property, as defined
26 by the act of July 7, 1947 (P.L.1368, No.542), known as the Real
27 Estate Tax Sale Law, owned in any municipality in this
28 Commonwealth.
29 Section 4. Property maintenance code violations registry.
30 (a) Establishment.--The department shall establish,
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1 implement and administer a property maintenance code violations
2 registry.
3 (b) Composition.--The property maintenance code violations
4 registry shall contain property maintenance code violation
5 reports filed by municipalities under section 5.
6 Section 5. Property maintenance code violation reports.
7 (a) Municipalities to file.--Any municipality may file a
8 property maintenance code violation report for any person who
9 owns real property within that municipality with current
10 property maintenance code violations that have gone unabated for
11 90 days or more.
12 (b) Forms provided.--Property maintenance code violation
13 reports will be made on forms provided by the department or may
14 be made electronically.
15 (c) Information included.--Property maintenance code
16 violation reports shall include the following information:
17 (1) The name of the convicted property maintenance code
18 violator.
19 (2) The Social Security number of the violator.
20 (3) The legal description of the real property which is
21 in violation of the municipal property maintenance code.
22 (4) A description of the condition of the real property
23 which resulted in the property maintenance code violation.
24 (5) The date of the original property maintenance code
25 violation.
26 (6) The amount of penalties owed or liens attached to
27 the property with maintenance code violations.
28 (7) The municipality filing the report.
29 (d) Duty of municipality.--
30 (1) Any municipality that files a property maintenance
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1 code violation report shall follow the guidelines for
2 expungement under section 7.
3 (2) Information contained in the property maintenance
4 code violation report shall be subject to the provisions of
5 the act of June 21, 1957 (P.L.390, No.212), referred to as
6 the Right-to-Know Law.
7 Section 6. Dissemination of information by department.
8 (a) Requests by municipalities.--
9 (1) Municipalities may request a copy of any property
10 maintenance code violation report on any pending applicant
11 for any municipal permit by submitting a property maintenance
12 code violation report request form to the department or
13 requesting same electronically.
14 (2) The department shall disseminate all property
15 maintenance code violation reports relating to the municipal
16 permit applicant to the requesting municipality within two
17 weeks of receipt of a property maintenance code violation
18 report request from that municipality.
19 (3) The municipality shall notify the applicant in
20 writing of the reasons for a decision which denies the
21 applicant the municipal permit requested if that decision is
22 based in whole or in part on information contained in the
23 property maintenance code violations registry.
24 (b) Requests by Commonwealth.--
25 (1) Commonwealth agencies may request a copy of any
26 property maintenance code violation report on any pending
27 applicant for licensing or certification by submitting a
28 property maintenance code violation report request form to
29 the department or requesting same electronically.
30 (2) The department shall disseminate all property
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1 maintenance code violation reports relating to the State
2 license or certification applicant to a requesting State
3 agency within two weeks of receipt of a property maintenance
4 code violation report request from that Commonwealth agency.
5 (3) The Commonwealth agency shall notify the applicant
6 in writing of the reasons for a decision which denies the
7 licensing or certification requested by that applicant if
8 that decision is based in whole or in part on information
9 contained in the property maintenance code violations
10 registry.
11 (c) Hearing.--If requested by the applicant, a hearing will
12 be scheduled to appeal any decision made as a result of
13 municipal property maintenance code violation convictions under
14 subsection (a)(3) or (b)(3). If the applicant can show cause why
15 the municipal property maintenance code violation convictions
16 should not be considered, the State or municipality shall
17 reevaluate the applicant's request for State licenses or
18 certifications respectively or municipal permits.
19 (d) Record of dissemination.--The department shall maintain
20 a listing of Commonwealth agencies and all municipalities that
21 requested information on a particular real property owner and
22 the date on which the information was disseminated. This
23 dissemination listing shall be maintained separate from the
24 record.
25 (e) Dissemination fee.--There shall be no fee assessed for
26 the dissemination of property maintenance code violation
27 information.
28 Section 7. Expungement.
29 Each municipality which filed a report with the department
30 shall notify the department when NOT LATER THAN 15 DAYS AFTER <--
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1 the real property is brought into code compliance. The
2 department shall include that information as part of the
3 official record for that specific property and violator upon
4 notification by the reporting municipality.
5 Section 8. Administrative requirements.
6 (a) Registry maintenance.--The department shall be
7 responsible for the maintenance of the property maintenance code
8 violations registry and shall promulgate regulations necessary
9 for the establishment and operation of the property maintenance
10 code violations registry.
11 (b) Forms.--The department shall develop property
12 maintenance code violation report forms and property maintenance
13 code violation report request forms as well as procedures to
14 obtain the information electronically.
15 (c) Quality control.--The department shall establish
16 procedures, in compliance with regulations promulgated by the
17 Attorney General, for the completeness and accuracy of
18 information in the property maintenance code violations
19 registry.
20 Section 9. Security requirements.
21 The department shall ensure the confidentiality and security
22 of the information contained in the property maintenance code
23 violations registry by providing that:
24 (1) Procedures have been instituted to reasonably
25 protect the property maintenance code violations registry
26 from theft, fire, sabotage, flood, wind or other natural or
27 manmade disasters.
28 (2) All personnel authorized to have access to property
29 violation history record information are selected, supervised
30 and trained accordingly.
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1 Section 10. Audit.
2 (a) Audit required.--The Auditor General shall conduct
3 annual performance audits of the property maintenance code
4 violations registry.
5 (b) Access to records.--Persons conducting the audit shall
6 be provided with access to all records, reports and listings
7 required to conduct an audit of property maintenance code
8 violations record information. All persons with access to such
9 information or authorized to receive information shall cooperate
10 with and provide information requested.
11 (c) Contents of audit.--The audit shall contain a report of
12 any deficiencies and any recommendations for the correction of
13 such deficiencies. The department shall respond to the audit
14 recommendations within a reasonable period of time unless the
15 audit report is appealed to the Auditor General and the appeal
16 is upheld.
17 (d) Modification of recommendations.--The Auditor General
18 shall have the power to modify the corrective measures
19 recommended by the audit upon appeal of the audit
20 recommendations by the department.
21 Section 11. Imposition of surcharge.
22 There is imposed on each individual convicted of a municipal
23 property maintenance code violation a surcharge in the amount of
24 $10 for each municipal property maintenance code violation
25 resulting in a conviction. This surcharge shall be in addition
26 to any other applicable fees or charges lawfully collected by
27 the municipality and court. The municipality shall collect the
28 surcharge and remit all funds to the department on a quarterly
29 basis. Funds generated by the surcharge will be used to finance
30 the Statewide implementation of the property maintenance code
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1 violations registry.
2 Section 12. Severability.
3 The provisions of this act are severable. If any provision of
4 this act or its application to any person or circumstance is
5 held invalid, the invalidity shall not affect other provisions
6 or applications of this act which can be given effect without
7 the invalid provision or application.
8 Section 13. Effective date.
9 This act shall take effect in 120 days.
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