PRIOR PRINTER'S NOS. 3213, 3716 | PRINTER'S NO. 3862 |
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. | 2120 | Session of 2014 |
INTRODUCED BY MASSER, JAMES, MICOZZIE, MILLARD, READSHAW, SCHLOSSBERG, PICKETT, THOMAS, FLYNN, LUCAS, YOUNGBLOOD, BIZZARRO, V. BROWN, MULLERY, FARINA, GOODMAN, GINGRICH, GIBBONS, SNYDER, McGEEHAN, COX, SAINATO, PAINTER, WATSON, HEFFLEY, MURT, DeLUCA, COHEN, CALTAGIRONE, ROEBUCK AND CRUZ, MARCH 19, 2014
AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES, JUNE 26, 2014
AN ACT
1Amending Title 53 (Municipalities Generally) of the Pennsylvania
2Consolidated Statutes, in neighborhood blight and reclamation
3and revitalization, further providing for definitions, for
4asset attachment, for duty of out-of-State owners of property
5in this Commonwealth and for duty of association and trust
6owners.
7The General Assembly of the Commonwealth of Pennsylvania
8hereby enacts as follows:
9Section 1. Sections 6103, 6112(b), 6113 and 6114 of Title 53
10of the Pennsylvania Consolidated Statutes are amended to read:
11§ 6103. Definitions.
12The following words and phrases when used in this chapter
13shall have the meanings given to them in this section unless the
14context clearly indicates otherwise:
15"Agent." Any director, officer, servant, employee or other
16person authorized to act in behalf of a corporation or
17association and, in the case of an unincorporated association, a
1member of such association.
2"Building." A residential, commercial or industrial building
3or structure and the land appurtenant to it.
4["Code." A building, housing, property maintenance, fire,
5health or other public safety ordinance enacted by a
6municipality. The term does not include a subdivision and land
7development ordinance or a zoning ordinance enacted by a
8municipality.]
9"Corporation." The term does not include a municipal
10authority.
11"Court." The appropriate court of common pleas.
12"Mortgage lender." A business association defined as a
13"banking institution" or "mortgage lender" under 7 Pa.C.S. Ch.
1461 (relating to mortgage loan industry licensing and consumer
15protection) that is in possession of or holds title to real
16property pursuant to, in enforcement of or to protect rights
17arising under a mortgage, mortgage note, deed of trust or other
18transaction that created a security interest in the real
19property.
20"Municipal code" or "code." A building, housing, property
21maintenance, fire, health or other public safety ordinance,
22related to the use or maintenance of real property, enacted by a
23municipality. The term does not include a subdivision and land
24development ordinance or a zoning ordinance enacted by a
25municipality.
26"Municipality." A city, borough, incorporated town, township
27or home rule, optional plan or optional charter municipality or
28municipal authority in this Commonwealth and any entity formed
29pursuant to Subchapter A of Chapter 23 (relating to
30intergovernmental cooperation).
1"Municipal permits." Privileges relating to real property
2granted by a municipality, including, but not limited to,
3building permits, exceptions to zoning ordinances and occupancy
4permits. The term includes approvals pursuant to land use
5ordinances other than decisions on the substantive validity of a
6zoning ordinance or map or the acceptance of a curative
7amendment.
8"Owner." A holder of the title to residential, commercial or
9industrial real estate, <-[other than<-] including a mortgage
10lender, who possesses and controls the real estate. The term
11includes, but is not limited to, heirs, assigns, beneficiaries
12and lessees, provided this ownership interest is a matter of
13public record.
14"Public nuisance." Property which, because of its physical
15condition or use, is regarded as a public nuisance at common law
16or has been declared by the appropriate official a public
17nuisance in accordance with a municipal code.
18"Serious violation." A violation of a State law or a code
19that poses an imminent threat to the health and safety of a
20dwelling occupant, occupants in surrounding structures or a
21passersby.
22"State law." A statute of the Commonwealth or a regulation
23of an agency charged with the administration and enforcement of
24Commonwealth law.
25"Substantial step." An affirmative action as determined by a
26property code official or officer of the court on the part of a
27property owner or managing agent to remedy a serious violation
28of a State law or municipal code, including, but not limited to,
29physical improvements or repairs to the property, which
30affirmative action is subject to appeal in accordance with
1applicable law.
2"Tax delinquent property." Tax delinquent real property as
3defined under:
4(1) the act of July 7, 1947 (P.L.1368, No.542), known as
5the Real Estate Tax Sale Law;
6(2) the act of May 16, 1923 (P.L.207, No. 153), referred
7to as the Municipal Claim and Tax Lien Law; or
8(3) the act of October 11, 1984 (P.L.876, No.171), known
9as the Second Class City Treasurer's Sale and Collection Act,
10located in any municipality in this Commonwealth.
11§ 6112. Asset attachment.
12* * *
13(b) Construction.--Nothing in this section shall be
14construed to authorize, in the case of an owner that is [an] a
15corporation, association or trust, a lien on the individual
16assets of the general partner, agent or trustee, except as
17otherwise allowed by law, limited partner, shareholder, member
18or beneficiary of the association or trust.
19§ 6113. Duty of out-of-State owners of property in this
20Commonwealth.
21A person or other responsible party who lives or has a
22principal place of residence outside this Commonwealth, who owns
23or is responsible for property in this Commonwealth against
24which code violations have been cited and the person is charged
25under 18 Pa.C.S. (relating to crimes and offenses), and who has
26been properly notified of the violations may be extradited to
27this Commonwealth to face criminal prosecution to the full
28extent allowed and in the manner authorized by 42 Pa.C.S. Ch. 91
29(relating to detainers and extradition).
30§ 6114. Duty of corporation, association and trust owners.
1Where, after reasonable efforts, service of process for a
2notice or citation for any code violation for any real property
3owned by [an] a corporation, association or trust cannot be
4accomplished by handing a copy of the notice or citation to an
5agent, executive officer, partner or trustee of the corporation,
6association or trust or to the manager, trustee or clerk in
7charge of the property, the delivery of the notice or citation
8may occur by registered, certified or United States Express
9mail, accompanied by a delivery confirmation:
10(1) To the registered office of the corporation,
11association or trust.
12(2) Where the corporation, association or trust does not
13have a registered office, to the mailing address used for
14real estate tax collection purposes, if accompanied by the
15posting of a conspicuous notice to the property and by
16handing a copy of the notice or citation to the person in
17charge of the property at that time.
18(3) In the case of a corporation, notice shall be sent
19to the registered office on file with the Department of
20State.
21Section 2. This act shall take effect in 60 days.