HOUSE AMENDED

THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY ARGALL, YAW, PIPPY, ERICKSON, RAFFERTY, KASUNIC, WONDERLING, COSTA, O'PAKE, BROWNE, BAKER, FERLO, WASHINGTON, ALLOWAY, BOSCOLA, STACK, EARLL, EICHELBERGER, WILLIAMS, WARD, TOMLINSON, LOGAN, FOLMER, KITCHEN AND MENSCH, JUNE 17, 2009

AS REPORTED FROM COMMITTEE ON URBAN AFFAIRS, HOUSE OF REPRESENTATIVES, AS AMENDED, SEPTEMBER 29, 2010   

AN ACT

Amending Title 53 (Municipalities Generally) of the Pennsylvania

Consolidated Statutes, providing for neighborhood blight

reclamation and revitalization.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Title 53 of the Pennsylvania Consolidated

Statutes is amended by adding a chapter to read:

CHAPTER 61

NEIGHBORHOOD BLIGHT

RECLAMATION AND REVITALIZATION

Subchapter

A.  Preliminary Provisions

B.  Actions Against Owner of Blighted Property Property with

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Serious Code Violations

C.  Permit Denials by Municipalities

D.  Miscellaneous Provisions

SUBCHAPTER A

PRELIMINARY PROVISIONS

Sec.

6101.  Short title of chapter.

6102.  Legislative findings and purpose.

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6102. 6103.  Definitions.

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§ 6101.  Short title of chapter.

This chapter shall be known and may be cited as the

Neighborhood Blight Reclamation and Revitalization Act.

§ 6102.  Legislative findings and purpose.

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The General Assembly finds and declares as follows:

(1)  There are deteriorated properties located in all

municipalities of this Commonwealth as a result of neglect by

their owners in violation of applicable State and municipal

codes.

(2)  These deteriorated properties create public

nuisances which have an impact on crime and the quality of

life of our residents and require significant expenditures of

public funds in order to abate and correct the nuisances.

(3)  In order to address these situations, it is

appropriate to deny certain governmental permits and

approvals in order:

(i)  To prohibit property owners from further

extending their financial commitments so as to render

themselves unable to abate or correct the code, statutory

and regulatory violations or tax delinquencies.

(ii)  To reduce the likelihood that other

municipalities will have to address the owners' neglect

and resulting deteriorated properties.

(iii)  To sanction the owners for not adhering to

their legal obligations to the Commonwealth and its

municipalities, as well as to tenants, adjoining property

owners and neighborhoods.

§ 6102 6103.  Definitions.

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The following words and phrases when used in this chapter

shall have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Blighted property."  Any of the following:

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(1)  Premises which, because of physical condition or

use, have been declared by a court of competent jurisdiction

as a public nuisance at common law or have been declared a

public nuisance in accordance with State laws and related

municipal codes and ordinances, including nuisance and

dangerous building ordinances.

(2)  Premises which, because of physical condition, use

or occupancy, are considered an attractive nuisance to

children, including, but not limited to, abandoned wells,

shafts, basements, excavations and unsafe fences or

structures.

(3)  A dwelling which, because it is dilapidated,

unsanitary, unsafe, vermin-infested or lacking in the

facilities and equipment required under the housing code of

the municipality, has been designated by the municipal

department responsible for enforcement of the code as unfit

for human habitation.

(4)  A structure which is a fire hazard.

(5)  A vacant or unimproved lot or parcel of ground in a

predominantly built-up neighborhood which, by reason of

neglect or lack of maintenance, has become a place for

accumulation of trash and debris or a haven for rodents or

other vermin.

(6)  An unoccupied property which has been tax delinquent

for a period of two years.

(7)  A property which is vacant but not tax delinquent

and which has not been rehabilitated within one year of the

receipt of notice to rehabilitate from the appropriate code

enforcement agency.

"Building."  A residential, commercial or industrial building

or structure and the land appurtenant to it.

"Code."  A building, housing, property maintenance, fire,

health or other public safety ordinance enacted by a

municipality. The term does not include a subdivision and land

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development ordinance or a zoning ordinance enacted by a

municipality.

"Competent entity."  A person or entity, including a

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governmental unit, with experience in the rehabilitation of

residential, commercial or industrial buildings and the ability

to provide or obtain the necessary financing for such

rehabilitation.

"Consumer."  A person who is a named insured, insured or

beneficiary of a policy of insurance or any other person who may

be affected by the Insurance Department's exercise of or the

failure to exercise its authority.

"Cost of rehabilitation."  Costs and expenses for

construction, stabilization, rehabilitation, demolition and

reasonable nonconstruction costs associated with any of these

projects, including, but not limited to, environmental

remediation, architectural, engineering and legal fees, permits,

financing fees and a developer's fee consistent with the

standards for developer's fees established by the Pennsylvania

Housing Finance Agency.

"Court."  The appropriate court of common pleas.

"Mortgage lender."  A business association defined as a

"banking institution" or "mortgage lender" under 7 Pa.C.S. Ch.

61 (relating to mortgage loan industry licensing and consumer

protection) that is in possession of or holds title to real

property pursuant to, in enforcement of or to protect rights

arising under, a mortgage, mortgage note, deed of trust or other

transaction that created a security interest in the real

property.

"Municipality."  A city, borough, incorporated town, township

or home rule, optional plan or optional charter municipality or

municipal authority in this Commonwealth. The term also includes

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any other governmental entity charged with enforcement of

municipal housing, building, plumbing, fire and related codes

and specifically includes a neighborhood improvement district

and nonprofit corporation created under the act of December 20,

2000 (P.L.949, No.130), known as the Neighborhood Improvement

District Act and any entity formed pursuant to 53 Pa.C.S. Ch. 23

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Subch. A (relating to intergovernmental cooperation).

"Municipal permits."  Privileges relating to real property

granted by a municipality, including, but not limited to,

building permits, exceptions to zoning ordinances and occupancy

permits. The term includes approvals pursuant to land use

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ordinances other than decisions on the substantive validity of a

zoning ordinance or map or the acceptance of a curative

amendment.

"Owner."  A holder of the title to residential, commercial or

industrial real estate, other than a mortgage lender, who

possesses and controls the real estate. The term includes, but

is not limited to, heirs, assigns, beneficiaries and lessees,

provided this ownership interest is a matter of public record.

"Property maintenance code."  A municipal ordinance which

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regulates the maintenance or development of real property.

"Property maintenance code violation." A violation of a

municipal property maintenance code.

"Public nuisance."  Property which, because of its physical

condition or use, is regarded as a public nuisance at common law

or has been declared by the appropriate official a public

nuisance in accordance with a municipal code.

"Serious violation."  A violation of a State law or municipal 

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a code that poses an immediate imminent threat to the health and

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safety of a dwelling occupant, occupants in surrounding

structures or passersby.

"State law."  A statute of the Commonwealth or a regulation

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of an agency charged with the administration and enforcement of

Commonwealth law.

"Substantial step."  An affirmative action as determined by

an independent third party a property code official or officer

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of the court on the part of a property owner or managing agent 

to remedy a serious violation of a State law or municipal code,

including, but not limited to, physical improvements or

reparations repairs to the property, which affirmative action is

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subject to appeal in accordance with applicable law.

"Tax delinquent property."  Tax delinquent real property as

defined under the act of July 7, 1947 (P.L.1368, No.542), known

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as the Real Estate Tax Sale Law, located in any municipality in

this Commonwealth. defined under:

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(1)  the act of July 7, 1947 (P.L.1368, No.542), known as

the Real Estate Tax Sale Law;

(2)  the act of May 16, 1923 (P.L.207, No. 153), referred

to as the Municipal Claim and Tax Lien Law; or

(3)  the act of October 11, 1984 (P.L.876, No.171, known

as the Second Class City Treasurer's Sale and Collection Act,

located in any municipality in this Commonwealth.

SUBCHAPTER B

ACTIONS AGAINST OWNER OF BLIGHTED PROPERTY

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PROPERTY WITH SERIOUS CODE VIOLATIONS

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Sec.

6111.  Actions.

6112.  Asset attachment.

6113.  Duty of out-of-State owners of real estate in this

Commonwealth.

6114.  Duty of corporate association and trust owners.

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§ 6111.  Actions.

In addition to other remedies any other remedy available at

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law or in equity, a municipality may institute the following

actions against the owner of any building, housing or land real

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property that is in serious violation of an ordinance regarding 

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a code or which causes the property to be blighted for failure

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to correct a condition which causes the property to be regarded

as a public nuisance:

(1)  An in personam action may be initiated for a

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continuing violation for which the owner takes no substantial

step to correct within six months following receipt of an

order to correct the violation, unless the order is subject

to a pending appeal before the administrative agency or

court.

(2)  An action against the owner shall be for an amount

equal to any penalties imposed against the owner and for the

amount expended by the municipality to abate the violation.

(1)  (i)  An in personam action may be initiated for a

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continuing violation for which the owner takes no

substantial step to correct within six months following

receipt of an order to correct the violation, unless the

order is subject to a pending appeal before the

administrative agency or court.

(ii)  Notwithstanding any law limiting the form of

action for the recovery of penalties by a municipality

for the violation of a code, the municipality may

recover, in a single action under this section, an amount

equal to any penalties imposed against the owner and any

costs of remediation lawfully incurred by, or on behalf

of, the municipality to remedy any code violation.

(3) (2)  A proceeding in equity.

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§ 6112.  Asset attachment.

(a)  General rule.--A lien may be placed against the assets

of an owner of unremediated blighted real property that is in

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serious violation of a code or is regarded as a public nuisance

after a judgment, decree or order is entered by a court of

competent jurisdiction against the owner of the property for an

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adjudication under section 6111 (relating to actions).

(b)  Construction.--Nothing in this section shall be

construed to authorize, in the case of an owner that is a 

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corporation an association or trust, a lien on the individual

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assets of the shareholders of the corporation general partner or

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trustee, except as otherwise allowed by law, limited partner,

shareholder, member or beneficiary of the association or trust.

This limitation of liability shall be the same as provided under

15 Pa.C.S. Pt. IV (relating to unincorporated associations), for

owners or members of associations.

§ 6113.  Duty of out-of-State owners of real estate property in

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this Commonwealth.

A person who lives or has a principal place of residence

outside this Commonwealth, who owns real estate property in this

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Commonwealth against which code violations have been cited under

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18 Pa.C.S. § 7510 (relating to municipal housing code avoidance) 

and the person is charged under 18 Pa.C.S. (relating to crimes

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and offenses), and who has been properly notified of the

violations may be extradited to this Commonwealth to face

criminal prosecution to the full extent allowed and in the

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manner authorized by 42 Pa.C.S. Ch. 91 (relating to detainers

and extradition).

§ 6114.  Duty of corporate association and trust owners.

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Where, after reasonable efforts, service of process for a

notice or citation for any code violation for any real property

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owned by a corporation or business association an association or

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trust cannot be accomplished by handing a copy of the notice or

citation to an executive officer, partner or trustee of the

corporation or business association or trust or to the manager,

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trustee or clerk in charge of the property, the delivery of the

notice or citation may occur by registered, certified or United

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States Express mail, accompanied by a delivery confirmation:

(1)  To the registered office of the corporation or

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business association or trust.

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(2)  Where a corporation or business association the

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association or trust does not have a registered office, to

the mailing address used for real estate tax collection

purposes, if accompanied by the posting of a conspicuous

notice to the property and by handing a copy of the notice or

citation to any adult in possession of the property the

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person in charge of the property at that time.

SUBCHAPTER C

PERMIT DENIALS BY MUNICIPALITIES

Sec.

6131.  Municipal permit denial.

§ 6131.  Municipal permit denial.

(a)  Denial.--

(1)  A municipality or a board under subsection (c) may

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deny issuing to an applicant a building permit, zoning

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permit, zoning variance, municipal license, municipal permit

or municipal approval for contemplated action that requires

the approval of the municipality municipal permit, if the

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applicant owns real property in any municipality for which

there exists on the real property:

(i)  a final and unappealable tax, water, sewer or

refuse collection delinquency on account of the actions

of the owner; or

(ii)  a serious violation of State law or municipal a 

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code and the owner has taken no substantial steps to

correct the violation within six months following

notification of the violation and for which fines or

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other penalties or a judgment to abate or correct were

imposed by a magisterial district judge or municipal

court, or a judgment at law or in equity was imposed by a

court of common pleas. However, no denial shall be

permitted on the basis of a property for which the

judgment, order or decree is subject to a stay or

supersedeas by an order of a court of competent

jurisdiction or automatically allowed by statute or rule

of court until the stay or supersedeas is lifted by the

court or a higher court or the stay or supersedeas

expires as otherwise provided by law. Where a stay or

supersedeas is in effect, the property owner shall so

advise the municipality seeking to deny a municipal

permit.

(2)  The municipal permit denial shall not apply to an

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applicant's action to correct a violation of an applicable

State law or municipal code for which the building permit,

zoning permit, zoning variance, municipal license, municipal

permit or municipal approval for contemplated action

requiring such approval is required A municipality or board

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shall not deny a municipal permit to an applicant if the

municipal permit is necessary to correct a violation of State

law or a code.

(3)  The municipal permit denial shall not apply to an

applicant's delinquency on taxes, water, sewer or refuse

collection charges that are under appeal or otherwise

contested through a court or administrative process.

(4)  In issuing a denial of a permit based on an

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applicant's delinquency in real property taxes or municipal

charges or for failure to abate a serious violation of State

law or a code on real property that the applicant owns in

this Commonwealth, the municipality or board shall indicate

the street address, municipal corporation and county in which

the property is located and the court and docket number for

each parcel cited as a basis for the denial. The denial shall

also state that the applicant may request a letter of

compliance from the appropriate State agency, municipality or

school district, in a form specified by such entity as

provided in this section.

(b)  Proof of compliance.--

(1)  All municipal variances, approvals, permits or

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licenses permits denied in accordance with this subsection 

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may be withheld until an applicant obtains a letter from the

appropriate State agency, municipality or school district

indicating the following:

(i)  the property in question is not presently tax

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delinquent has no final and unappealable tax, water,

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sewer or refuse delinquencies;

(ii)  the property in question is now in code

compliance; or

(iii)  the owner of the property has presented and

the appropriate State agency or municipality has accepted

a plan to begin remediation of a serious violation of

State law or municipal code. Acceptance of the plan may

be contingent on:

(A)  Beginning the remediation plan within no

fewer than 30 days following acceptance of the plan 

or sooner, if mutually agreeable to both the property

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owner and the municipality.

(B)  Completing the remediation plan within no

fewer than 90 days following commencement of the plan 

or sooner, if mutually agreeable to both the property

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owner and the municipality.

(2)  In the event that the appropriate State agency,

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municipality or school district fails to issue a letter

indicating either tax or code compliance or noncompliance, as

the case may be, within 45 days of the request, the property

in question shall be deemed to be in compliance for the

purpose of this section. The appropriate State agency,

municipality or school district shall specify the form in

which the request for a compliance letter shall be made.

(2) (3)  Letters required under this subsection section 

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shall be verified by the appropriate municipal officials

before issuing to the applicant a municipal variance,

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approval, permit or license permit.

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(4)  (i)  Municipal permits may be denied by a board in

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accordance with the requirements of this section to the

extent that approval of the municipal permit is within

the jurisdiction of the board. For purposes of this

section, "board" shall mean a zoning hearing board or

other body granted jurisdiction to render decisions in

accordance with the act of July 31, 1968 (P.L.805,

No.247), known as the Pennsylvania Municipalities

Planning Code, or a similar board in municipalities not

subject to that act.

(ii)  In any proceeding before a board other than the

governing body of the municipality, the municipality may

appear to present evidence that the applicant is subject

to a denial by the board in accordance with this section.

(iii)  For purposes of this subsection, a municipal

permit may only be denied to an applicant other than an

owner if:

(A)  the applicant is acting under the direction,

or with the permission, of an owner; and

(B)  the owner owns real property satisfying the

conditions of subsection (a).

(c)  Applicability of other law.--A denial of a building

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permit, zoning permit, zoning variance, municipal license,

municipal permit or municipal approval for contemplated actions

that requires approval of a municipality permit shall be subject

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to the provisions of 2 Pa.C.S. Chs. 5 Subch. B (relating to

practice and procedure of local agencies) and 7 Subch. B

(relating to judicial review of local agency action) or the

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Pennsylvania Municipalities Planning Code, for denials subject

to the act.

SUBCHAPTER D

MISCELLANEOUS PROVISIONS

Sec.

6141.  Education and training programs for judges.

6142.  County housing courts.

6143.  Conflict with other laws.

6144.  Relief for inherited property.

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6145.  Construction.

§ 6141.  Education and training programs for judges.

The Administrative Office of Pennsylvania Courts may develop

and implement annual and ongoing education and training programs

for judges, including magisterial district judges, regarding the

laws of this Commonwealth relating to blighted and abandoned

property and the economic impact that blighted and abandoned

properties have upon municipalities. The education and training

programs shall include, but not be limited to:

(1)  The importance and connection of code violations and

crime.

(2)  Time-in-fact violations as they relate to code

violations.

(3)  Conduct of witnesses in prosecuting code violations.

(4)  Limiting continuances in code violations.

(5)  Use of indigency hearings in the prosecution of code

violations.

§ 6142.  County housing courts.

Upon a request or approval of a resolution by the county

commissioners, the president judge of a county may establish a

housing court to hear and decide matters arising under this

chapter and other laws relating to real property matters.

§ 6143.  Conflict with other law.

In the event of a conflict between the requirements of this

chapter and Federal requirements applicable to demolition,

disposition or redevelopment of buildings, structures or land

owned by or held in trust for the Government of the United

States and regulated pursuant to the United States Housing Act

of 1937 (50 Stat. 888, 42 U.S.C. § 1437 et seq.) and the

regulations promulgated thereunder, the Federal requirements

shall prevail.

§ 6144.  Relief for inherited property.

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Where property is inherited by will or intestacy, the devisee

or heir shall be given the opportunity to make payments on

reasonable terms to correct code violations or to enter into a

remediation agreement under section 6131(b)(1)(iii) (relating to

municipal permit denial) with a municipality to avoid subjecting

the devisee's or heir's other properties to asset attachment or

denial of permits and approvals on other properties owned by the

devisee or heir.

§ 6145.  Construction.

Nothing in this chapter shall be construed to abridge or

alter the remedies now existing at common law or by statute, but

the provisions of this chapter are in addition to such remedies.

Section 2.  This act shall take effect in 90 180 days.

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